When it comes to personal injury disputes that are filed in court, one of the most common things that the average person tends to hate about the process is the persistent “finger pointing” and attempts to “discredit” the other side. This tends to rear its head most often when it comes to medical opinions — one side comes up with a doctor that says the plaintiff is hurt, the other side comes up with a doctor that claims he or she isn’t hurt.

These disputes go back and forth and, oftentimes, can actually make or break a case — so much so that they are known in the industry as “battles of the experts.”

One of the more interesting contrasts between lawsuits and workers compensation claims is that workers comp disputes actually have a mechanism where a Commissioner (similar to the Industrial Commission’s version of a Judge) can actually streamline the process and order a petitioner (the workers comp version of a plaintiff) to submit to what is known as an Independent Medical Examination (or an “IME”). It may seem quite curious that a commissioner can actually order you to see a doctor, but the voluminous statute that provides the “nuts and bolts” of how cases unfold (820 ILCS 305/19) actually does allow them to do so.

The section about these “examinations” (820 ILCS 305/19(c)) provides that:

“the Commission may on its own motion order an impartial physical or mental examination of a petitioner whose mental or physical condition is in issue, when in the Commission’s discretion it appears that such an examination will materially aid in the just determination of the case. The examination shall be made by a member or members of a panel of physicians chosen for their special qualifications by the Illinois State Medical Society.”

These situations tend to commonly pop up where, for instance, an employer dispute that an employee needs surgery, or that someone’s workplace injury will leave them with permanent damage that affect their ability to work. Understandably, when many hear about this process — independent doctors, extra procedures, and the like — the first thing they think about is the potential issue of costs.

Fortunately, Section 19(c) has specific measures in place that, when a petitioner undergoes an IME, or when that doctor is called to testify — which either party is allowed to do — there is no cost to the parties and the Commissioner “determine(s) the compensation and the pay of the physician or physicians,” which is not permitted to “exceed the usual and customary amount for such service.”

While this is a far from flawless system — after all, no matter how the IME doctor sides, one party is most likely bound to disagree — it is an interesting way of resolving a dispute that comes up far more often than most would imagine.

You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have anyquestions and to learn how we may be able to help you in the unfortunate event of an accident that caused you or your family or friends injuries – in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters – large or small.