An independent medical examination (IME) is a medical examination of a personal injury claimant or plaintiff by a medical doctor, psychologist, or other health care provider who is not the claimant or plaintiff’s treating physician or health care provider.
For example, an insurance company (insurer) may request an IME of a workers’ compensation claimant to determine the nature of the injury and provide an expert opinion on whether the injury was caused by a recent workplace accident or is a preexisting injury. Or a defendant (or the defendant’s insurer) may request an IME of a personal injury claimant or plaintiff during the investigation or litigation of a liability claim related to a motor vehicle accident or other incident.
The purpose of an IME is to provide an expert opinion from the treating physician for purposes of defending the claim or litigation—not to provide the injured claimant or plaintiff with a second opinion or with medical treatment. The physician conducting the IME will typically review the medical records of the claimant or plaintiff, interview and evaluate the claimant or plaintiff during the IME, and prepare a report with the physician’s findings (an IME report).
A claimant or plaintiff generally must submit to an IME or lose the right to pursue the insurance claim (workers’ compensation) or liability claim in litigation.
In Colorado, an Independent Medical Examination (IME) is often utilized in the context of workers' compensation claims and personal injury litigation. When an insurance company or a defendant requests an IME, it is to assess the extent and cause of the claimant's injuries. Under Colorado law, particularly in workers' compensation cases, claimants may be required to undergo an IME to continue receiving benefits or to establish the connection between their injury and the workplace incident. Similarly, in personal injury cases, defendants can request an IME to evaluate the claims made by a plaintiff. The physician conducting the IME will not provide treatment but will offer an expert opinion based on the examination and review of medical records. Refusal to comply with an IME request can lead to the forfeiture of the right to pursue the claim or litigation. It's important to note that the rules governing IMEs can be complex, and claimants or plaintiffs may benefit from consulting with an attorney to understand their rights and obligations in relation to an IME.