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 Wyoming, an Independent Medical Examination (IME) is a tool used by insurers or defendants to evaluate the medical condition of a claimant or plaintiff in cases such as workers' compensation claims or personal injury litigation. The state's workers' compensation laws allow insurers to request an IME to verify the extent of an injury and its relation to a workplace incident. Similarly, in personal injury cases, such as those arising from motor vehicle accidents, the defense or their insurer may request an IME to obtain an objective assessment of the claimant's injuries. The physician conducting the IME will review medical records, conduct an examination, and produce a report that can be used in the defense of the claim. While the IME is not intended to provide medical treatment or a second opinion to the injured party, failure to comply with a request for an IME can result in the loss of the right to pursue the claim in question. It's important to note that the specific procedures and rights related to IMEs may be governed by state statutes, regulations, and case law, and claimants should consult with an attorney to understand their legal obligations and rights regarding IMEs in Wyoming.