- August 19, 2023
An independent medical examination in Michigan is a medical evaluation requested by an insurance company or employer, not by your treating physician. These exams arise most often during auto no-fault claims, workers' compensation disputes, and personal injury lawsuits. The results may directly influence whether your benefits continue or your claim moves forward.Receiving notice of an IME often raises more questions than it answers. Many people across the Tri-County area and throughout Michigan feel uneasy about attending an exam arranged by the opposing side in their claim.
Partnering with an experienced personal injury lawyer can help clarify how the process works, what Michigan law requires, and what rights you have in the process of pursuing the maximum compensation you may be eligible to recover under the law.
Contact us online, and let us safeguard your rights and future.
Key Takeaways for Independent Medical Examinations in Michigan
- An IME doctor is selected and paid by the insurance company or employer, not by the injured person, which means the exam serves a different purpose than a visit with your treating physician.
- Under MCL 500.3151, Michigan's No-Fault Act authorizes insurers to request a physical or mental examination when a claimant's condition is material to a benefits claim.
- Michigan's 2019 no-fault reform added physician qualification requirements, including that the IME doctor must practice in the same medical field as the claimant's treating physician.
- Failing to attend a properly requested IME may result in a suspension of benefits under both no-fault and workers' compensation law.
- Under MCL 500.3152, a claimant who attends an IME has the right to request a copy of the examiner's report.
What Is an Independent Medical Examination in Michigan?
Despite its name, an independent medical examination is not a neutral evaluation. The insurer or employer selects and pays the physician, and the purpose is to gather a medical opinion that informs a claim decision. The exam typically takes place at a medical office chosen by the requesting party.
How an IME Differs From a Treating Physician Visit
IME vs. Treating Physician: Key Differences
- ✔ Who selects the doctor: IME → Insurance company or employer | Treating physician → Chosen by the patient or referral
- ✔ Who pays for the exam: IME → Insurance company or employer | Treating physician → Insurance or patient
- ✔ Purpose of the visit: IME → Evaluate claim validity and medical status | Treating physician → Diagnose, treat, and manage recovery
- ✔ Doctor-patient relationship: IME → No ongoing relationship | Treating physician → Ongoing care relationship
- ✔ Frequency: IME → Usually one-time exam | Treating physician → Multiple visits over time
- ✔ Focus of evaluation: IME → Causation, disability level, MMI, and treatment necessity | Treating physician → Symptoms, treatment plan, and recovery progress
- ✔ Length of exam: IME → Typically brief (15–20 minutes) | Treating physician → Often longer and more detailed
- ✔ Medical treatment provided: IME → No treatment | Treating physician → Yes, including prescriptions and therapy
- ✔ Use of findings: IME → Used by insurer/employer to decide claims | Treating physician → Used to guide care and support the claim
- ✔ Access to report: IME → Sent to requesting party (copy upon request) | Treating physician → Part of patient’s medical records
- ✔ Level of neutrality: IME → Not fully independent (hired by opposing party) | Treating physician → Focused on patient care
A treating physician provides ongoing care with the goal of recovery. That doctor builds a relationship with the patient over time, tracks progress, and adjusts treatment as needed.
An IME doctor, by contrast, evaluates the patient one time. There is no doctor-patient relationship. The examiner reviews records, performs a focused evaluation, and then issues a written report to the party that requested the exam.
What the Insurance Company Looks For
The insurer's goals in requesting an IME typically include confirming whether the injury is related to the incident, evaluating the current level of disability, forming an opinion about whether ongoing treatment is medically necessary, and assessing whether the claimant has reached maximum medical improvement (MMI), the point at which further recovery is unlikely.
What Michigan Laws Authorize an Independent Medical Examination?
Michigan law provides a clear legal framework for IMEs across several claim types. The specific statute that applies depends on the nature of the claim.
No-Fault Auto Insurance Claims
MCL 500.3151 allows a personal protection insurance (PIP) carrier to request a physical or mental examination when the claimant's condition is relevant to a benefits claim. The statute also permits insurers to include reasonable IME provisions in their policies.
Following Michigan's 2019 no-fault reform, the law added important safeguards. Under MCL 500.3151(2)(a), if the claimant's treating physician practices in a specific field, the IME doctor must practice in the same field. If the treating physician holds board certification, the IME physician must hold the same certification.
Additionally, under MCL 500.3151(2)(b), the examining doctor must have spent a majority of professional time in the prior year either actively practicing medicine or teaching at an accredited medical institution.
Workers' Compensation Claims
MCL 418.385 gives employers and their insurance carriers the right to require a physical examination of an injured employee. The employer or carrier pays for the exam and must cover reasonable travel expenses. The employee may also request a copy of the examination report.
Court-Ordered Examinations in Litigation
When a personal injury case is in active litigation, MCR 2.311 allows the court to order a physical or mental examination. The court must find good cause and must specify the time, place, scope, and conditions of the exam. If a person wants their attorney present, they typically must request permission from the court.
What Happens If You Miss an Independent Medical Examination?
Skipping a scheduled IME is one of the most common and costly mistakes in Michigan injury claims. The consequences vary depending on the type of claim, but all of them carry risk.
No-Fault Claims
Under Michigan's No-Fault Act, an insurer may suspend PIP benefits if a claimant fails to attend a properly requested IME. Whether benefits resume after compliance depends on the specific circumstances and how the dispute is resolved.
Under MCL 500.3153, a court may also issue orders that restrict a non-compliant claimant from introducing evidence about their physical or mental condition.
Workers' Compensation Claims
Under MCL 418.385, if an employee refuses to attend an examination, benefits may be suspended during the period of refusal. This makes attendance a critical obligation for workers' compensation claimants throughout Michigan.
Rescheduling for Valid Reasons
Missing an IME due to illness, a family emergency, or a scheduling conflict is different from outright refusal. Claimants who have a legitimate reason to reschedule may notify the requesting party promptly and arrange a new date. Documentation of the reason helps protect against any claim of non-compliance.
How Does an Independent Medical Examination Typically Work?
Many people in Southfield, Sterling Heights, Grand Rapids, and across Michigan feel nervous before an IME, partly because they are unfamiliar with how the appointment unfolds. Having a general sense of what to expect may help ease some of that anxiety.
Before the Appointment
The IME notice typically arrives by mail and includes the date, time, location, and the name of the examining physician. Some notices also include a questionnaire or intake forms.
The following items are generally helpful to bring:
- A valid photo ID
- The IME notice letter with appointment details
- A list of current medications and dosages
- Any assistive devices currently in use, such as a brace or cane
- A written summary of symptoms and how they affect daily activities
Arriving prepared with accurate information may help the appointment run more smoothly and reduce the risk of miscommunication.
During the Examination
The IME doctor may review your medical history, ask about your symptoms, and perform a physical evaluation. The exam is typically brief compared to a standard medical visit and does not include treatment recommendations or follow-up care.
The physician may test your range of motion, reflexes, or other functional abilities relevant to your claim. The exam may last as little as 15 to 20 minutes, though more complex evaluations may take longer.
After the Examination
The IME doctor prepares a written report that includes their findings, a diagnosis or confirmation, an opinion on causation, and a recommendation about whether continued treatment is medically necessary. This report goes directly to the party that requested the exam.
Under MCL 500.3152, claimants in no-fault cases have the right to request a copy. In litigation, MCR 2.311 also entitles the examined person to receive the report.
Contact us online, and let us safeguard your rights and future.
How Might an IME Report Affect Your Claim?
The IME report often plays a significant role in what happens next. Insurance adjusters and employers use the findings to make decisions about benefits and claim value.
Benefit Continuation or Termination
If the IME doctor concludes that the claimant's injuries have resolved or that further treatment is not medically necessary, the insurer may use that opinion to reduce or terminate benefits. In no-fault claims, this may affect coverage for medical care, wage loss, and attendant care.
Settlement Negotiations
In personal injury litigation, the IME report becomes part of the evidence. If the report minimizes the severity of injuries or disputes causation, it may weaken the claim's settlement value. Conversely, an IME that largely aligns with the treating physician's findings may strengthen your claim.
Challenging an Unfavorable IME Report
An unfavorable IME report does not automatically end a claim. Treating physicians may provide rebuttal opinions. Attorneys may also challenge the IME doctor's qualifications, methodology, or potential bias, particularly if the physician devotes a significant portion of their professional time to performing insurer-requested evaluations.
These factors highlight why keeping all medical records organized and maintaining consistent treatment is so important throughout the claim process.
What Rights Do You Have During an Independent Medical Examination in Michigan?
Michigan law provides several protections for claimants attending an IME. These rights vary slightly depending on whether the exam arises under no-fault, workers' compensation, or a court order.
Key rights that Michigan claimants may exercise include:
- Requesting a copy of the IME report after the examination
- Requesting permission for an attorney to attend a court-ordered examination under MCR 2.311
- Asking whether a friend or family member may attend the appointment, since permission depends on the type of claim and any court or insurer requirements
- Declining invasive testing not specified in the exam order or notice
- Requesting that the exam be rescheduled for a legitimate conflict
Being aware of these rights before the appointment may help you feel more prepared and less vulnerable during the process.
How Does an IME Affect a Workers' Compensation Claim in Michigan?
Workers' compensation claimants in Michigan face IMEs frequently, especially during disputes about disability status or the need for continued treatment. Under MCL 418.385, the employer or carrier selects and pays for the examining physician.
Disability Evaluations
The IME doctor may assess whether the worker remains disabled, has reached MMI, or has the functional capacity to return to some form of employment. These opinions directly influence whether wage loss benefits continue.
Disputes Over Treatment
If the IME doctor disagrees with the treating physician about the necessity of ongoing care, the employer or carrier may use that opinion to challenge medical benefits. Workers who continue treating with their own physician may strengthen their position by maintaining detailed records of symptoms, limitations, and progress.
Requesting the Report
Under MCL 418.385, the examining physician's report must be made available. Reviewing the report helps identify any inaccuracies or areas where the treating physician's records may offer a more complete picture of the injury.
FAQs for Independent Medical Examinations in Michigan
Who pays for an independent medical examination in Michigan?
The party that requests the IME pays for it. In no-fault claims, the auto insurer covers the cost. In workers' compensation cases, the employer or their insurance carrier pays. The claimant is not financially responsible for the examination itself.
Does the IME doctor have access to my full medical history?
In most cases, the requesting insurer or employer provides the IME physician with selected medical records related to the claim. The doctor may not automatically receive every medical record you have ever generated. The scope of the records reviewed often depends on what the requesting party chooses to submit.
May I record my independent medical examination in Michigan?
Michigan's No-Fault Act does not specifically address recording IMEs. Whether recording is allowed often depends on court decisions, the type of claim, and whether a judge has issued an order. If the IME is court-ordered under MCR 2.311, recording typically requires court approval.
What happens if the IME report contradicts my treating doctor's opinion?
A disagreement between the IME report and your treating physician's records does not automatically resolve in the insurer's favor. Both opinions may be weighed during benefit disputes, hearings, or litigation. Treating physicians who have a longer history with the patient often provide more detailed context about symptoms and recovery.
Can the IME doctor order additional testing?
An IME physician typically performs a physical or mental evaluation and reviews existing records. Additional diagnostic testing, such as MRIs or nerve studies, usually requires authorization from the insurer, employer, or court. The examiner does not automatically initiate treatment or ongoing care.
Your Claim Does Not Pause for the IME, and Neither Does Goodman Acker
An IME notice may feel like the insurer is gaining the upper hand, but understanding the process takes away much of that uncertainty. Michigan law provides real protections for claimants, from physician qualification requirements to the right to obtain the examiner's report.
At Goodman Acker, P.C., our attorneys review IME notices and reports for claimants across Southfield, Sterling Heights, Grand Rapids, and throughout Michigan. We work on a contingency fee basis, meaning there is no upfront cost for a consultation.
If an IME is on your calendar, reach out through our contact page or call 1-800-TRUSTED to talk through your next steps with our personal injury law firm in Michigan.