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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18835
Experience:  B.A.; M.B.A.; J.D.
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I have an intermittent fmla for a low back issue. I was

Customer Question

I have an intermittent fmla for a low back issue. I was required to submit to an IME to determine what was fair number of days off/mo. The dr recommended 1 day twice per month. The issue: My treating dr recommended a 2nd set of epidural steroid injections which requires two days off work, but the IME dr will only approve 1 day. What is my recourse?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Nevada The IME dr is licensed in CA, but did IME in NV. Is this legal?
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Union
JA: Anything else you want the lawyer to know before I connect you?
Customer: Full time
Submitted: 6 months ago.
Category: Employment Law
Customer: replied 6 months ago.
Can the IME dr record the exam audio without my consent?
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Phillips Esq. replied 6 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 6 months ago.

Your Questions:

Nevada The IME dr is licensed in CA, but did IME in NV. Is this legal?

Response 1: No. If the IME is not licensed to practice in Nevada, he cannot do the examination in Nevada.

Can the IME dr record the exam audio without my consent?

Response 2: No, your consent is required before the taping can place.

Customer: replied 6 months ago.
How do I go about appealing the IME decision to gain FMLA approval?

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