Personal Medical Reports
The judge cannot rule on your case if there are no medical reports available. Check your workman's compensation file to ensure the presence of your medical reports. Most states allow you to review your file. In NY, there is a persistent problem of medical reports that vanish mysteriously - especially after being reviewed by the insurance company lawyers. When you do obtain your workman's compensation file, make a list of everything that is in it. Make copies of items that are important to your case hearing. Always obtain copies of your medical records. This should include your physician's narrative and a copy of the medical form he sends to the workman's compensation board, and copies of the results of any X-rays, MRI's, EMG's, and blood tests. Copy any and every relevant document and report. Make three copies of all reports and leave the original at home when you go to your hearings. That way you always have a copy. When something is disputed or a medical form is not in the record, you have it handy at each hearing to give to the judge. This avoids the problem of having to delay the hearing because of a missing report. Always make sure your doctors fill out the medical forms properly. So many times a hearing is held up because a doctor forgot to check a box or answer a simple question. Medical reports should include how the injury is related to employment, the full diagnosis of the injury, the course of treatment, any anticipated permanency of disability and anticipated rating of disability. Always ask for copies of the medical reports written by IME (QME) examiners. These are the "physicians" that the insurers send you to. And always schedule an appointment with your own physician immediately AFTER an insurer's exam. Try to make sure your physician's report is the latest one the judge sees. Make sure you even have a leg to stand on. If you don't have a doctor stating that you are injured and that it is work- related, you don't have a case. When you do have to go to an IME (QME) try and bring a witness with you. In NY, you can tape record the IME without the doctor knowing about it. Always count your X-rays, MRI's etc BEFORE you give them to the doctor and count them AFTER he hands them back. Make sure you leave with the same amount of films you had when you arrived.
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