Can the Insurance Company make an Injured Worker fill out lots of forms AND bring all of their own medical records and films to a “Defense Medical Exam.”

April 2, 2008

Doug Landau

It is the position of ABRAMS LANDAU trial lawyer that the answers are, “No, No and No.” When a Virginia client with neck, back and spine injuries was recently sent by the insurance company for a “DME” (“defense medical examination”), she was asked to fill out 7 PAGES OF FORMS and BRING ALL HER RECORDS AND DIAGNOSTIC STUDIES ! A “DME” is a medical exam, not for treatment, requested by an insurance company, so that they can have an expert review the claimant’s condition and testify for the defense. [Shown here in the courtroom are the client, the court translator, witnesses, and other ABRAMS LANDAU clients and their family members with legal assistant Dianna Meredith attending a workers comp hearing in Manassas, Virginia as part of our firm’s unique “open door policy.”]

Herndon – Reston area injury lawyer Doug Landau advised his client not to fill out all those forms, especially since the Insurance Company must pay for the exam AND the travel expenses to get there and back. So the forms about the client’s own insurance was irrelevant and a big waste of time. Likewise, the defense attorney had subpoenaed ALL of the injured worker’s medical records. So, to make her bring these same records was simply a recipe for disaster. There is case law supporting Landau’s position. In the case of Edwards v. T & B Equip Co., VWC File No. 181-79-93 (1997) the full Commission said the carrier has the responsibility to gather medical records and forward them to the IME physician