According to a New York Times review of workers’ compensation case files, medical records, and patient interviews, “independent medical examinations” and the reports that follow are are frequently conducted or prepared in a fashion that benefits insurers by minimizing injuries or by attributing injuries to some other cause or event. Unlike a visit to a treating physician, an IME physician may meet with an injured worker for less than ten minutes. During that ten minute period, the IME doctor may take an abbreviated history, skim medical records, perform a very limited physical examination and send the patient on his or her way without an ounce of compassion. After that examination, the majority of IME reports conclude that the patient is not injured or, if injured, is not disabled.

Many refer to Syracuse-area IME doctors as “Dr. No” or “Dr. Says-No,” because no matter how badly injured, certain doctors will consistently find no injury or no disability. The New York Times interviewed Dr. Alan Zimmerman, an orthopedic surgeon practicing in Queens, New York. According to Dr. Zimmerman, “[b]asically, if you haven’t murdered anyone and you have a medical license, you get certified.” Dr. Zimmerman added that its “clearly a nice was to semi-retire.” Dr. Zimmerman, 75, conducts orthopedic IMEs.

IME examinations are very profitable for doctors (some earning nearly $1,000,000 per year performing examinations and testifying in court), and were poorly regulated until 2001. In 2000, a Long Island doctor conducted five IMEs in a Long Island bar. Some examiners, of course, do furnish honest examinations.

A small study conducted a few years ago at the Central New York Occupational Health Clinical Center in Syracuse, New York, revealed that the clinic’s treating physicians and local independent medical examiners almost always disagreed on whether an injured worker was disabled.

The trial lawyers at Bottar Law, PLLC, have decades of experience investigating, prosecuting and trying to verdict all types accident and injury cases, including those arising out of construction site accidents, industrial accidents, jobsite and workplace accidents, falls, scaffolding and structural failures, and car, SUCV, bus and tractor trailer accident. If you or a loved one have been injured, or have lost a loved one due to a work injury or serious accident, you and/or your family may be entitled to compensation for lifelong health care, medical expenses, medical bills, loss of income, and pain and suffering.

To discuss your case or concerns with an experienced Central New York catastrophic injury attorney contact Bottar Law, PLLC now at (315) 933-4448, or by e-mail at info@bottarlaw.com.

On June 4, 2004, the plaintiffs, Stephen D. Salisbury, Jr. and Christine K. Dannible, were on a motorcycle driven by Mr. Salisbury. While stopped at a red traffic light, an automobile operated by defendant, Jonelle Christian and owned by defendant, Central National Bank (leased to defendant, Anthony Christian) rear-ended the motorcycle. The violent collision threw the plaintiffs from the motorcycle, causing Mr. Salisbury to suffer a compound tibia fracture requiring surgical correction, and causing Ms. Dannible to suffer a “mild” traumatic brain injury.

At trial, the defendants did not dispute that the collision caused Mr. Salisbury’s broken tibia, but contended that there was no radiological or diagnostic evidence that Ms. Dannible suffered a brain injury.

Mr. Salisbury called his treating orthopedic surgeon. Ms. Dannible called her treating neurosurgeon, psychologist and concussion management program director, internist, nurse practitioner and physical therapist who unanimously opined that she suffered a mild traumatic brain injury in the collision, and is and will continue to suffer from the effects of post-concussive syndrome. Defendants called a neurologist and neuropsychologist who, on cross-examination, conceded that Ms. Dannible suffered a mild brain injury in the collision.

The case went to the jury after eight days of trial. After deliberating for three hours, the jury awarded Mr. Salisbury $12,061.24 for past medical expenses and $150,000.00 for past pain and suffering. The jury awarded Ms. Dannible $34,098.36 for past medical expenses, $122,246.00 for past loss of earnings, and $300,000.00 for past pain and suffering, as well as $1,000.000.00 for future medical and rehabilitation expenses (including medication), $800,000.00 for future loss of earnings, and $1,000,000.00 for future pain and suffering. Plaintiffs are entitled to statutory interest, increasing the total verdict to more thabn $4,000,000.00.

The trial lawyers at Bottar Law, PLLC, have decades of experience investigating, prosecuting and trying to verdict all types of brain injury cases, including traumatic brain injuries (mild, moderate and severe), brain damage, concussions, post-concussion symdrome and related adjustment disorders. If your or a loved one have been diagnosed with a brain injury, you and/or your family may be entitled to compensation for lifelong health care, special education, rehabilitation, medical expenses, medical bills, loss of income, and pain and suffering.

To discuss your case or concerns with an experienced Central New York brain injury attorney, contact Bottar Law, PLLC now at (315) 933-4448, or by e-mail at info@bottarlaw.com.