G.L. c. 152 Section 45 permits the Workers’ Compensation Insurer to schedule the injured worker to submit to an independent medical examination, furnished and paid for by the insurer or insured, “after the employee has received an injury, and from time to time thereafter during the continuance of his or her disability.” Because G.L. c. 152 Section 1(7A) requires the employee to prove that his or her disability was and remains a major cause of his or her disability, in instances where the employee suffered from a non work-related disability which combined with a work injury to cause or prolong disability or need for treatment, the insurer can also require the injured worker to submit to an independent medical examination for the non work-related medical condition.
The employee or his attorney will be required to produce or identify the name(s) of all treating physicians in order that the Workers’ Compensation Insurer has all pertinent medical records for review by their physician. Therefore, in the initial meeting with your attorney, it is of utmost importance to divulge any and all past medical conditions that may affect the state of your claimed disability. Providing your attorney with this information allows him or her to assess your complete medical picture, to request medical records which he or she may deem important, and also permits him or her to assess your eligibility for other claims such as Social Security disability benefits or Accidental Disability retirement benefits.
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