Commissioner Dodrill's latest Bulletin is a significant change to common practice for carriers, claims adjusters, and attorneys. West Virginia Insurance Bulletin No. 21-03 interprets W..
02/03/21
National Workers Compensation Defense Network (NWCDN)
Commissioner Dodrill s latest Bulletin is a significant change to common practice for carriers, claims adjusters, and attorneys. West Virginia Insurance Bulletin No. 21-03 interprets W. Va. Code §23-4-8(a) and the physical examination of claimants. It has long been common practice to refer to the physical examinations allowed by W. Va. Code §23-4-8(a) as independent medical examinations or IMEs despite the fact the statute does not use that term. The Commissioner believes the use of the term independent medical examination may lead to confusion or misunderstanding by claimants, especiallypro se claimants. The Commissioner notes the term independent medical examination generally refers to an examination performed by a medical examiner who has not previously been involved in claimant s care. The Commissioner notes such an independent medical examination is an examination that is independent of the traditional do