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 To be blunt, when an insurer or employer order an IME their objective is to reduce or eliminate injury costs. In many cases, an IME is soon followed by a claim denial or closure.
Perhaps, a defense (insurer) attorney with a conscience said it best in the state-conducted IME Study. This insurance company hired gun said, "This is solely for denial support. The Oregon Workers Compensation System protects very few of Oregon's' injured workers and all of Oregon's employers. It is a total disgrace."
During the 2005 legislative session, first-ever reforms were enacted. They didn't go far enough but several improvements were made.
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| Worker-Requested Medical Examination |
Few workers injured on the job utilize these exams and it's a shame. SB 485 (2001) allows a state-initiated exam when a claim was denied on a past insurer medical exam. |
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Although it refers to motor vehicle accidents, conditions are the same. |
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Advice for Insurance Claimants |
Written by Bernard Kansky, an attorney who's a founding member of The National CFIDS Foundation, Inc. |
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| Independent Medical Examinations |
Attorney Pitts says some physicians who perform independent medical examinations make this service a large part of their practice and states, "Their bias for the defense is notorious." |
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| Doctors for Sale |
Although written by Willamette Week in 1996, most of the injured worker examiners and IME shops are still in operation. |
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For non-minor injuries we recommend hiring a workers comp attorney. Get free consultations from at least two attorneys before hiring one. Sorry, IWA does not provide referrals. |
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Injured Workers' Alliance (IWA) was formed in 1998. We're injured workers, their families and friends, and other concerned Oregonians. We're unpaid volunteers. We were not organized by, and are not influenced or operated by, any law firm or other business entity, nor by government. We advocate solely for you and strive to improve the lives of every Oregon worker since anyone can be injured at work in a moment's time.
We were forced to mobilize in response to the mistreatment of thousands of hard-working people like you. Moderately to severely injured workers, in large numbers, do not receive needed medical treatment, such as surgery and physical therapy, in a timely manner. Many receive no treatment whatsoever. This situation has caused a worsening of injuries and created permanent, lifelong pain and misery. Families are literately being destroyed.
By law, IWA cannot provide legal advice. Due to a shortage of volunteers, we're unable to assist Oregon workers one-on-one. Instead, we focus on efforts to help thousands at one time. We also provide an "enormous" amount of information here to help workers get through the workers comp system as best as possible. We empower workers with knowledge. |
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| A Guide for Workers Recently Hurt on the Job
This is a a guide for workers recently hurt on the job. |
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| Claim closure and beyond
Information about workers compensation appeal rights and
processes, return to work rights, and who to contact. |
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What happens if I’m hurt on the job? - 2MB in size
A guide to Oregon’s workers’ compensation benefits, rights, and responsibilities. (December 2007) |
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Oregon Workers' Compensation terms
Terms become obsolete and definitions change (and vary state-to-state) so always check another source before relying on these. |
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Court TV's Legal Cafe: Worker's Compensation
Frequently asked questions, Cafe Q & A, and links to Web sites. |
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What is Ergonomics?
Learn its purpose in the workplace and about the repeal of OSHA's Ergonomics Standard. Links provided to Ergonomics Web sites. |
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Repetitive stress injuries fall through legal gaps
Developing federal workplace guidelines are strictly voluntary.
—The Oregonian, August 17, 2006 |
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