Happy Wednesday!
This week’s tip concerns the Claimant’s right to a one-time IME with a doctor of their choice – commonly referred to a “202e IME.”
Under O.C.G.A 34-9-202(e), (hence the nickname “202e IME”), the employee, after an accepted and compensable claim and within 120 days of receipt of any income benefits, has the right to a one-time Independent Medical Evaluation with a doctor of their choice and paid for by the Employer.
Key Points:
- WAIT – did you say the Claimant gets to pick the doctor, and the employer has to pay for it?
- YES!
- The Claimant (opposing counsel) will almost certainly select the most “claimant-friendly” doctor possible.
- Do ALL claimants have the right to a 202e IME?
- NO!
- Only accepted/compensable claims in which the Claimant has received income benefits within the last 120 days are eligible for a 202e IME.
- REQUIREMENTS
- The E/I must be notified of the 202e IME in writing in advance.
- the 202e IME must be “at a reasonable time and place” within Georgia or within 50 miles of the claimant’s residence.
- the 202e IME shall not repeat any diagnostic procedures which were already performed since the date of accident unless the costs of such procedures which are more than $250.00 are paid for by a party other than the employer or the insurer.
I hope everyone has a great week. As always, feel free to reach out if you run into any Georgia issues/have any questions.
Sincerely,
John Fennelly | Junior Partner