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Medical & Care Coordination: Need-for-treatment examination with respondent's physician requested and scheduled promptly Medical & Care Coordination: Treatment authorized and scheduled following motion supported by treating physician's report Financial & Benefits Outcomes: Delayed temporary disability check secured through motion to enforce after carrier missed payment deadline Financial & Benefits Outcomes: Enforcement order compelling carrier to pay nearly $250,000 in overdue medical benefits, with sanctions for noncompliance, following motion to preserve entitlement to medical benefits after total disability award Court and Adjuster Action: Motion to enforce granted after carrier failed to provide court-ordered medical treatment Court and Adjuster Action: Authorized psychological treatment secured through successful motion for medical treatment Court and Adjuster Action: Increased disability award obtained on third reopener of a 2015 claim after arguing additional treatment was warranted Litigation & Settlement Outcomes: Settlement secured for injured employee with multiple injuries requiring fusion surgeries, with rights to ongoing and future medical treatment preserved Litigation & Settlement Outcomes: Two matters settled after competing carriers disputed workers' compensation coverage Litigation & Settlement Outcomes: Denied workplace accident claim with no witnesses and outstanding unauthorized medical bills settled, with carrier paying all bills and compensating for resulting injury Medical & Care Coordination: Need-for-treatment examination with respondent's physician requested and scheduled promptly Medical & Care Coordination: Treatment authorized and scheduled following motion supported by treating physician's report Financial & Benefits Outcomes: Delayed temporary disability check secured through motion to enforce after carrier missed payment deadline Financial & Benefits Outcomes: Enforcement order compelling carrier to pay nearly $250,000 in overdue medical benefits, with sanctions for noncompliance, following motion to preserve entitlement to medical benefits after total disability award Court and Adjuster Action: Motion to enforce granted after carrier failed to provide court-ordered medical treatment Court and Adjuster Action: Authorized psychological treatment secured through successful motion for medical treatment Court and Adjuster Action: Increased disability award obtained on third reopener of a 2015 claim after arguing additional treatment was warranted Litigation & Settlement Outcomes: Settlement secured for injured employee with multiple injuries requiring fusion surgeries, with rights to ongoing and future medical treatment preserved Litigation & Settlement Outcomes: Two matters settled after competing carriers disputed workers' compensation coverage Litigation & Settlement Outcomes: Denied workplace accident claim with no witnesses and outstanding unauthorized medical bills settled, with carrier paying all bills and compensating for resulting injury

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The Docket

Proving a Workers’ Compensation Claim

Evidence, legal standards, and strategies used to establish compensability and protect benefits.

A Closer Look at Independent Medical Exams in New Jersey Workers’ Compensation

Workers’ compensation claims in New Jersey rely on medical evidence. One of the most important, and often most controversial, steps in that process is the independent medical exam, or IME. In my practice, I’ve seen how these exams can shape a case—and how critical it is for injured workers to be prepared.

What is an Independent Medical Exam?

An IME is an evaluation requested by an employer or insurance carrier to review an injured worker’s condition. It’s performed by a doctor chosen by the insurance company—not the worker’s own treating physician. The goal is to provide an opinion about the injury’s severity, work-relatedness, and the worker’s ability to return to the job.

For workers, an IME can feel intimidating. It’s often brief, sometimes rushed, and the doctor may not seem to listen as closely as the treating physician. But the report that follows can have significant weight in a case.

Why Insurers Request IMEs

Insurers often schedule IMEs when they question the severity of an injury or whether it is truly work-related. They may also use IMEs to challenge the need for ongoing treatment or to push for a return to work sooner than is safe.

I advise my clients to see these exams as a serious step in the process. The IME report isn’t the final word—but it does influence how claims are evaluated and whether treatment or wage replacement benefits continue.

How I Prepare Clients for an IME

Before an IME, I work with my clients to make sure they understand what to expect. I remind them to describe their symptoms accurately and completely—without exaggeration or understatement. Honesty is key. If a certain movement causes pain, it should be noted clearly. If the pain worsens over the course of a workday, that’s important information the doctor needs to hear.

I also encourage clients to bring a written list of their symptoms and limitations. This helps ensure that key points don’t get lost or overlooked in a rushed exam.

What to Watch for in IME Reports

Once the IME report is prepared, I read it carefully—line by line. I look for inconsistencies or gaps that don’t match what the treating doctors have said or what my client has experienced.

I’ve seen reports that downplay pain, dismiss the repetitive nature of work, or skip over how a job’s physical demands contribute to an injury over time. In those moments, my role is to highlight these issues—by bringing in additional medical opinions or showing how the day-to-day work leaves a clear mark on the body.

Balancing Different Medical Opinions

IMEs are just one piece of the puzzle. Judges in New Jersey’s workers’ compensation courts review all the evidence—the treating doctor’s notes, the IME report, functional evaluations, and the injured worker’s own account of how the injury affects daily life.

I see my job as making sure that balance is fair. A rushed IME should never outweigh years of real work or the slow buildup of strain that leads to an injury.

When IMEs Can Become a Dispute

Sometimes, IMEs trigger disputes—when an insurer relies on the IME to cut off benefits or push for a return to work that isn’t safe. In those situations, I file for hearings before a judge, presenting all the evidence to show the injury’s real impact.

These hearings can be the turning point in a case. They give injured workers a chance to be heard fully and ensure that no single doctor’s quick exam can overshadow years of labor.

Respecting the Work, Protecting the Recovery

The IME process can feel impersonal and cold—like a medical checklist instead of an honest look at how an injury changes a life. My role is to ensure that the process stays grounded in real evidence and real experience.

I remind my clients that the work they’ve done matters—and so does the way an injury changes that work. Every job has a rhythm, a pattern of motion and effort that can wear down the strongest body over time. An IME can’t always see that, but a good lawyer can make sure it’s heard in court.

Let’s Make Sure Your Recovery Is Respected

If you’re facing an IME and worried about what it means for your claim, let’s talk.Call my office at 732-774-1000 or reach out by mail. We’re here to make sure your effort is seen, your injury is understood, and your recovery has the protection it needs

Richard N. Schibell, Esq.

Richard N. Schibell, Esq.

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