Is An Indpendent Medical Examination Really Independent?

What do you think? NO an independent examination is not independent but rather ADVERSE to your interests and those of your treating physicians.

I have previously posted on this issue months ago but it is such an important issue, I think it's necessary to discuss this issue once again. There is NEVER a good intention on the part of an insurance company in having you seen by THEIR doctor for an "independent" medical examination. The intent is to cut off your benefits and limit their exposure PERIOD!

As a former insurance company attorney I have schedule hundreds of "independent medical examinations" for injured workers. The term independent medical examination is not always accurate. Though there are reputable doctors who will perform a thorough examination and write a neutral report, there are many who will do and say almost anything. Many defense attorneys believe it is their job to chose the " doctors who will do and say almost anything"!

When I worked as a defense attorney I thought having a neutral independent doctor was truly important. It helped me assess and fully understand the injured worker's claim. It also established credibility before the compensation judges. Later in my career as a defense attorney I began to get flack from a kool-aide drinking "old time" defense lawyer who chastised me for choosing these independent physicians and telling me I needed to get on board and work with the "adverse examiners". Despite the fact that this attorney had only gone to a full hearing a handful of times in the past decade, he was going to try his hardest to win a case at almost any cost! This didn't sit well with my years of experience and the reputation I developed. This was one of the reasons I now represent only injured workers and share these stories.

An employer and workers compensation insurer have the right to have you seen for an independent medical examination or adverse examination regardless of whether your claim is admitted or denied. They need to reimburse you for your expenses and must schedule it within 150 miles of your home. Keep in mind that this doctor is not nor will he ever be your treating physician. There is no doctor patient confidentiality, everything you tell the doctor will be shared with the employer and insurer. Sometimes the examinations last a few minutes and other times they can take close to an hour with an extensive physical examination and questions.

You will usually receive the report as an attachment to a service of Maximum Medical Improvement or a Notice of Intent to Discontinue Befits in the mail. As this is the goal of the adverse examination, your medical and/or wage loss benefits will likely be stopped as the result of your "independent medical examination". In addition the report will likely maintain that your current medical treatment is unnecessary.

As a defense attorney I understand the flaws in these reports and the mistakes that can be made in preparation for the same. As your attorney I will surgically dissect these reports and the accompanying letters providing the physician with "foundation" or their opinion. My job is to look for contradictory medical evidence and obtain an opinion from your own treating physician and if necessary a truly independent doctor. If you would like to discuss your claim in more detail, feel free to contact me directly at 651-333-3636. All calls are returned within a few hours. Don't be afraid to contact me after hours as I personally return all calls.

You may also visit our web page at www.mndisbility.com

St. Paul Firefighter Found to Sustained Occupational Disease

St. Paul firefighter's death is declared in line of duty

As recently reported in the St. Paul Pioneer Press this week, a St. Paul Firefighters death was declared "in the line of duty". As you will see from the story below, it took over a decade for officer Hain's injury to be delcared in the line of duty by the City of St. Paul. Now his wife and children are eligible for dependency wage loss benefits under Minnesota's workers compensation act for AT LEAST the next 10 years. Congratulations to his family and let's all say a prayer for Officer Hain's who gave his life protecting ours!

Below is the full story as reported by Mara Gottfried in the St. Paul Pioneer Press:

As a St. Paul firefighter, Ramon "Ray" Hain came in contact with a patient's body fluids in 1997. Doctors think he contracted a rare disease that weakened his heart.

Hain, of Roseville, got a heart transplant in 1998 but had to retire in 2000 from the job he loved. In recent months, the 50-year-old Hain's heart began failing. He died last Saturday.

Despite the years that have passed, the St. Paul Fire Department considers his death to be in the line of duty — its first such death in 20 years — and his name will be inscribed at the National Fallen Firefighters Memorial in Emmitsburg, Md.

Hain didn't know he would be honored, said his wife, Gail Hain. "I think that would really touch him," she said.

Firefighting is one of the most dangerous jobs in the United States, killing more than 100 each year, said St. Paul Fire Chief Tim Butler.

Hain, who was also an emergency medical technician, described in a 1998 Pioneer Press column what had happened about four months before he became sick in September 1997.

"I responded to a cardiac arrest call during which I knelt down over the person and came in contact with body fluids on the floor," he said. "I'd had a sore on my knee at the time, and a few days later I developed some kind of massive infection in the thigh of that same leg."

Hain was born April 21, 1959, in Oak Park, Ill., and moved to Roseville with his family while in the sixth grade, his wife said. At 6 feet 6 inches tall, Hain played basketball at Augsburg College and completed his degree in business and philosophy at Metropolitan State University.

An "adrenaline junkie" who dreamed of being a firefighter, he joined the fire department in 1994, Gail Hain said.

"He was highly regarded as a first-rate firefighter — dependable, hard-working and dedicated ... a well-rounded, knowledgeable firefighter as well as a courteous, caring human being," Assistant Fire Chief Jim Smith said.

In 1997, two weeks after the Hains' youngest daughter was born, Hain started not feeling good. He went to the doctor and learned his heart was enlarged, Gail Hain said. He was diagnosed with idiopathic cardiomyopathy, a weakening of the heart muscle from unknown causes.

He was put on the transplant list right away and received a new heart Nov. 30, 1998.

Hain wanted to go back to firefighting, but doctors said the risk to his new heart was too great.

"It was very unsettling to see such a warm-hearted, passionate individual have to leave the department at such a young age," Smith said.

Hain was told he had a 10-year life expectancy and, with two young daughters, "we made the decision he would be the one to stay home," his wife said.

He volunteered at his daughters' school and was involved in their activities, Gail Hain said. He would joke about being a stay-at-home father, but he enjoyed it, she said.

He loved woodworking and set up a wood shop in the garage. Every Christmas, he made wooden ornaments or decorations. He also made wood inlay designs known as intarsia.

The last St. Paul firefighter to die in the line of duty was fire investigator Gary Skoglund, who was killed in a 1989 fire, the department said.

The Local 21 honor guard will serve at Ray Hain's memorial service today. Visitation is from 2:30 to 4 p.m. at St. Michael's Lutheran Church, 1660 W. County Road B, Roseville. The memorial service will follow at the same location.

Besides his wife, Hain is survived by daughters Rachel, 14, and Sara, 12; father Edward Hain, of Olathe, Kan.; sisters Sherry Duval, of Cottage Grove, and Karen Sitzmann, of Lenexa, Kan.; and brother Steve Hain, of Olathe, Kan.