Oregon Reminder – Update that IME Appointment Language!
Did the claimant not show up for an Independent Medical Examination (“IME”) appointment despite you sending a timely appointment notice? This can be a really frustrating scenario during the claim, especially if you are relying on the IME to guide a claims processing decision. Before insurers and claim administrators explore whether to request suspension of compensation from the Workers’ Compensation Division under OAR 436-060-0095(1)(b), we recommend you double check your Oregon IME appointment notice included the Workers’ Compensation Division’s required bold language, which went into effect on October 1, 2024.
Under OAR 436-060-0095(3)(e), the bold language in an IME appointment notice should now read (and be formatted) as follows:
You must attend this examination. If there is any reason you cannot attend, you must tell us as soon as possible before the date of the examination.
If you disagree with the location of this appointment, you must contact the Workers’ Compensation Division at 800-452-0288 or 503-947-7585 within six business days of the mailing date of this notice.
Your workers’ compensation benefits may be suspended under Oregon laws and rules* if you:
- Do not attend the examination,
- Do not have a good reason for not attending the examination, or
- Do not cooperate with the examination.
You may be charged a $100 penalty if you do not attend the examination without good reason or if you do not notify the insurer before the examination. The penalty is taken out of future benefits.
If you have any questions you may call:
- [Insurer] at [Insurer phone number]
- Workers’ Compensation Division at 800-452-0288 (toll free) or 503-947-7585
- Ombuds Office for Oregon Workers at 800-927-1271 (toll free)
*Oregon Revised Statute 656.325 and Oregon Administrative Rules, Chapter 436, division 60
Updating your Oregon IME notice templates with the current, required language is crucial should you be presented with a situation where the worker fails to attend the IME, or a claimant’s counsel advises their client will not attend the IME based on non-complying appointment notice language. We appreciate and understand the high costs associated with IME cancellation fees, IME no show fees, etc. SBH encourages you to make this essential template change to help avoid these costs if at all possible.
Please contact me if you have any questions about the notice language, or how to efficiently update your templates at (503) 595-2132, or .
Posted by Kieran MacIntyre.
