Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
The thing that needs to be understood about the insurance company medical examiner is that they are hired by the insurance company and basically in their pocket. They will find virtually everyone is able to work. Your son needs to get a workers compensation attorney in your area to dispute the matter because the insurer isn't going to pay his claim any longer. He needs to file a complaint for benefits. Clearly the treating surgeon in this matter has a better understanding of the injury and recovery but that doesn't matter to the insurer. Your son should ultimately win the workers compensation claim.
It is possible to file a complaint with the medical board because it is at it's basis a false report, the question becoming whether the doctor had a basis to come to his medical opinion. During the workers compensation case your son will get access to the doctor's opinion the surgeon's opinion and perhaps depositions. You can file these with the board here with your complaint. I've honestly never heard of an "independent medical exam" doctor receiving any discipline for these actions, but at least you'll start a paper trail against this doctor and maybe he'll be slightly more honest in his opinions in the future.
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