Issue link: http://www.e-digitaleditions.com/i/83215
3. Independent Medical Examinations The Act entitles the employer to require a claimant to submit to an independent medical examination by a physician of its choosing at a reasonable time and place. A reasonable place is generally less than 50 miles from the claimant's home. If the claimant resides in a remote part of the state, this may be extended. As a general matter, the Commission will allow one examination per medical specialty per year without prior leave of the Commission. If the claimant refuses to cooperate with the Independent Medical Examination, the employer can seek to terminate indemnity benefits. The claimant's right to prosecute any claims can also be suspended by the Commission. Generally, opinions of independent medical examiners will not be given as much weight as those of treating physicians, but they are considered expert authority, and will be given some weight. This is particularly true in cases where the treating physician's opinions are shaded by doubt or do not appear consistent with justice or reason. They are also particularly useful in permanent partial disability claims, especially where the treating physician has not clearly set forth the method(s) used for calculating the assigned impairment rating. 4. Pre-existing Conditions To the extent that an employer is found responsible for treatment of an aggravation of a pre-existing condition, it is only responsible for treatment of the aggravation. Once the employee returns to his baseline medical condition, the employer may assert that the condition is no longer causally related to the work injury. 5. Nurse Case Management An employer may assign a nurse case manager ("NCM") to follow and coordinate the claimant's care. However, the NCM may not medically manage the care; this is the treating physician's job. Engaging in medical management can result in sanctions.