Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Independent Medical Examinations Under the DBA/LHWCA

Posted by defensebaseactcomp on July 3, 2010

We have recently posted a page here Independent Medical Examinaions which contains the Laws, Regulations, and Rules according to which Independent Medical Examinations under the Defense Base Act are to be arranged and carried out.

Independent Medical Examinations are to be arranged by the District Office of the DoL, not by the insurance company or their attorneys.

In fact, a doctor chosen by the DOL may not have worked for or been paid by any insurance company to perform a medical evaluation for two years prior to your evaluation.

Such review or reexamination shall be completed within two weeks from the date ordered

The place for the evaluation must be reasonably convenient for the employee.

No physicians for the employer shall be present or participate, nor shall any conclusions by them be available to the examining physician (except for situations that the DO deems it necessary).

No physician previously connected with the case shall be present

It is generally preferable to have the parties participate in the selection of the physician

This ALJ’s, Injured Contractors, Insurance Companies, and Attorney’s would be an

Independent Medical Evaluation under the DBA

The insurance company is allowed to request a “Second Opinion” which is not an Independent Medical Evaluation by any stretch of the imagination.

The DoL has stated the term “Second Opinion” is the only one they recognize for Defense Medical Examinations.

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