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12/9/2008
Brian M. Mittman
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Why "Independent Medical Exams" are not independent!

A recent lawsuit demonstrated clearly how the Insurance Industry will stop at nothing to deny rightful benefits and claims to injured workers and the general public.

An elevator mechanic was injured in the course of his employment when he tripped over a piece of equipment negligently left in the area he needed to access. Under the law, he was entitled to collect workers compensation benefits, but also he could sue the party who wrongfully left the equipment in the location since that party was not his employer.

The really disturbing issue however is that the insurance company in the lawsuit part of the case tried to manipulate the outcome of the case.

How? Simple. The insurance company is allowed to have an injured person examined by their alleged "independent" medical examiners. The Courthouse joke, by the way, is that they are not independent, and often not medical! Anyway, during the course of this particular case the defense medical expert testified that he had been told by the independent medical exam company (hired by the insurance carrier) to "be silent on causal relationships" between the incidnet and plaintiffs injuries. That is - don't say a word about whether the medical condition could have been caused by the accident! How absured is that!

Lesson - beware, the insurance industry will do anything to save a dollar and not pay a legitimate claim.

Any questions, contact Markhoff & Mittman, PC 1.866.205.2415

Serving injured workers and their families throughout New York - Westchester, Putnam, Rockland, Bronx, Queens, Manhattan, Brooklyn, State Island, Long Island


Category: New York State Workers’ Compensation



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