Academy of Chiropractic Personal Injury & Primary Spine Care Program
Quickie Consult 327
"IMEs and Body Language"
A Change in Strategy on What to Include in the "Lawyers First Meeting Binder" (the educational binder)
I lectured last night to approximately 100 lawyers and, as in every presentation, I listened to questions and more questions and then I looked at both the body language of the audience and when they were taking the most notes. The notes part is huge because at the onset of the presentation, I always ask them NOT to take notes as I have prepared a handout of the entire program for them. This allows them to pay closer attention to the content of the presentation.
The topic of the most questions I entertained after last night's program was centered on IMEs as I dedicated an entire section of the program to overturning improper IMEs and offering case law on precedents in the state. As for note taking, there was hardly a set of eyes on me (Unusual because I am 6'3", 4% body fat, have a rippling 12-pack and buns of steel!!!! I actually crack walnuts with them...) as the entire room was busy scribbling notes on any scrap pieces of paper they could find. The lawyers were scrambling to learn how to neutralize this problem which is apparently of epidemic proportion in the plaintiffs' community with serious negative effects on their cases.
Therefore, make sure when you are communicating with lawyers to be expert on rebutting IMEs (consultations #240-251) and focus the conversation on your:
1. understanding of the IME/peer review problem
2. training on IME/peer review rebuttals
3. experience in IME/peer review rebuttals
4. willingness to refute an improper IME or peer review
In the near future, I am going to create a sample IME rebuttal to include in your binders when meeting with lawyers for the first time.