What Is an Independent Medical Examination in Nevada Workers’ Comp?

You’ve filed your workers’ compensation claim. You’re treating with a physician. Then a letter arrives from the insurer scheduling you for an “independent medical examination”, and suddenly you’re not sure what that means or what happens next. You’re not alone.

An independent medical examination (IME) is one of the most misunderstood, and most consequential, events in a Nevada workers’ comp claim. Understanding what an IME is, who pays for it, what your rights are, and how to protect yourself can make a significant difference in the outcome of your case.

This guide explains exactly how the IME process works under Nevada law and what you can do if an exam result threatens your benefits.

What Is an Independent Medical Examination?

In Nevada workers’ compensation, an independent medical examination is a medical evaluation conducted by a physician who is not your treating doctor. Despite the word “independent,” the exam is typically ordered and paid for by the insurer or employer, giving the examiner financial ties to the party that hired them.

IMEs serve several purposes in a Nevada workers’ comp claim:

• Evaluating whether a condition is work-related

• Determining whether additional medical treatment is necessary

• Assessing the extent of a permanent disability rating

• Reviewing the scope of your claim if there are pre-existing conditions

• Providing a second opinion after your treating physician’s findings

The IME report can directly affect your medical benefits, your temporary disability payments, and your permanent disability settlement. That is why it matters who orders the exam, who conducts it, and what rights you have to respond.

The Two Types of Independent Medical Examinations Under Nevada Law

Nevada workers’ compensation law distinguishes between two distinct types of independent medical examinations, each governed by a different statute.

1. Insurer-Ordered Independent Medical Examination, NRS 616C.140

Under NRS 616C.140, an insurer or employer may require an injured worker to submit to a medical examination at a time and place that is reasonably convenient for the employee. The insurer selects the physician, schedules the appointment, and pays for the exam.

⚠️ Important: Attendance Is Mandatory

Under NRS 616C.140(5), if you refuse to attend an insurer-ordered IME or obstruct the examination, your right to compensation, including any temporary total disability (TTD) payments you are receiving, may be suspended until the exam takes place. Do not ignore or skip an IME notice without first consulting an attorney.

2. Worker-Requested Independent Medical Examination, NRS 616C.145

A significant shift occurred in 2017 when the Nevada Legislature enacted AB 458, now codified as NRS 616C.145. For the first time, injured workers gained a statutory right to request their own IME, at the insurer’s expense, under specific circumstances.

You may be entitled to request your own IME under NRS 616C.145 when:

• A dispute exists about the scope of your claim or your treatment plan;

• A dispute exists about a permanent disability rating;

• ou received a report from an insurer-ordered IME and want to respond (within 30 days of receiving that report); or

• A hearing officer or appeals officer grants leave for an IME after a denial of therapy or treatment.

Under NRS 616C.145, you select the physician from the DIR panel of physicians and chiropractors established under NRS 616C.090, not from the insurer’s list. The insurer bears the cost. You are limited to one such exam per calendar year under paragraph (a) of the statute.

✅ Why This Matters

Before 2017, injured workers who disagreed with an insurer’s IME had no affordable way to obtain their own medical opinion. Workers often had to pay thousands of dollars out of pocket, an amount most could not afford while already missing work. NRS 616C.145 changed that, giving workers a meaningful tool to counter unfavorable IME findings.

Insurer-Ordered vs. Worker-Requested: Side by Side

Insurer-Ordered IME (NRS 616C.140)	Worker-Requested IME (NRS 616C.145)
Initiated by the insurer or employer	Initiated by the injured worker
Doctor selected by the insurer	Doctor selected by the worker from the DIR panel (NRS 616C.090)
Paid for by the insurer	Paid for by the insurer
Attendance is mandatory; refusal suspends benefits	Worker chooses whether to request the exam
Can be ordered at various stages of the claim	Limited to once per calendar year (with qualifying dispute or in response to insurer IME)
Covers treatment, scope, disability, and more	Cannot involve treatment; covers scope, plan, or disability rating disputes

What Happens During the Exam?

Whether the IME is ordered by your insurer or requested by you, the examination itself typically follows the same format:

• A review of your medical records (sometimes hundreds of pages)

• A physical examination, which may last as little as a few minutes

• A written report submitted to the party who requested the exam

Keep in mind: under NRS 616C.145(4), a worker-requested IME must not involve treatment. It is an evaluation only. The examiner is there to assess, not to treat your injury.

A few practical tips before you attend any IME:

• Bring copies of all relevant medical records and documentation of your injury history.

• Be honest and thorough in describing your symptoms, underreporting can hurt your claim.

• Keep a written record of how long the exam lasted and what questions you were asked.

• Tell your attorney immediately if you believe the exam was conducted improperly or lasted an unreasonably short time.

What If the Independent Medical Examination Disagrees with Your Treating Physician?

This is among the most common and frustrating situations in a Nevada workers’ comp claim. An insurer hires an IME physician, the exam lasts a few minutes, and the resulting report contradicts months of treatment by your primary doctor.

If this happens, you have options:

1. Request a worker-ordered IME under NRS 616C.145. You have 30 days from receiving the insurer’s IME report to request your own examination from the DIR physician panel.

2. File an appeal. If the insurer denies or modifies your benefits based on the IME, you have the right to appeal. A hearing officer or appeals officer can review the dispute and may order a neutral IME, with both sides having input on the physician selection.

3. Consult a workers’ comp attorney immediately. Appeal deadlines in Nevada are short. Acting quickly preserves your options. An experienced attorney can help you evaluate whether to request a countering IME, file an appeal, or pursue both simultaneously.

Learn more about your rights when a claim is disputed on our denied workers’ comp claims page.

How the IME Affects Permanent Disability Ratings

If your injury results in a lasting impairment, you may be entitled to permanent partial disability (PPD) or permanent total disability (PTD) benefits. The permanent disability rating assigned to your injury is a critical number, it directly affects how much compensation you receive.

An IME is frequently the mechanism by which that rating is assigned or disputed. If the insurer’s examining physician rates your disability lower than your treating physician believes is accurate, the difference can amount to thousands of dollars in benefits.

Under NRS 616C.145(5), if the dispute concerns the rating of a permanent disability specifically, the worker-requested IME may be conducted by a rating physician or chiropractor, a specialist certified to assign disability ratings under Nevada’s system.

Frequently Asked Questions About IMEs in Nevada Workers’ Comp

Can I bring someone with me to my IME?

Nevada law does not explicitly prohibit you from bringing a support person to your IME appointment. However, the examiner generally will not allow a third party to participate in or observe the actual physical examination. Speak with your attorney before the exam, they can advise you based on the specific circumstances of your claim.

Does the IME doctor make the final decision?

No. The IME physician provides a medical opinion, but that opinion is not automatically binding. It is one piece of evidence in your workers’ comp claim. If it conflicts with your treating physician’s conclusions, the dispute goes through Nevada’s hearing and appeals process. A hearing officer or appeals officer ultimately weighs the competing medical evidence.

What if I disagree with the IME result?

You have the right to challenge an unfavorable IME through the Nevada workers’ comp appeals process. Key steps include requesting your own IME under NRS 616C.145 (within 30 days of receiving the insurer’s report), filing a timely appeal, and working with an experienced attorney to build a response. For more on the appeals process, see our workers’ compensation FAQ.

Who pays for a worker-requested IME?

Under NRS 616C.145, the insurer pays for the independent medical examination requested by the injured worker, provided the statutory conditions are met. This is a significant protection; before 2017, workers had no affordable way to obtain a countering medical opinion.

Can the insurer order multiple IMEs?

NRS 616C.140 grants insurers the authority to require medical examinations but the statute requires that the time and place be reasonably convenient for the employee. The Nevada Division of Industrial Relations publishes regulations governing the conduct of these exams. If you believe an insurer is using repeated IME requests to harass or obstruct your claim, contact an attorney.

What is the connection between IMEs and employer retaliation?

Some injured workers fear that exercising their rights, including requesting an IME or appealing an unfavorable finding, could lead to adverse action by their employer. Nevada law prohibits retaliation against workers for filing or pursuing a workers’ comp claim. Learn more on our employer retaliation page.

How Becker & Vail LLC Can Help

At Becker & Vail LLC, our attorneys understand both sides of the IME process, and we work to level the playing field for injured workers across Las Vegas, Henderson, North Las Vegas, and Clark County.

When an IME is scheduled or its results are in dispute, we:

• Review the IME report for inconsistencies with your medical records and treating physician’s findings

• Advise you on whether to exercise your NRS 616C.145 right to request a responsive IME

• Coordinate the selection of an appropriate physician from the DIR panel

• File timely appeals to protect your benefits while disputes are resolved

• Advocate for a fair disability rating based on the full picture of your injury and work history

We offer consultations in English, Spanish, and Hindi, because every injured worker in Clark County deserves access to clear, knowledgeable legal guidance.

Received an IME Notice or an Unfavorable IME Report?

Do not navigate this alone. The outcome of your IME can determine your medical benefits, your disability rating, and your settlement amount. The attorneys at Becker & Vail LLC work to advocate for injured workers across Clark County and throughout Nevada.

Contact us to discuss your situation, online, call 702-209-0357 or email: information@beckervail.com. We offer consultations in English, Spanish, and Hindi.

This blog post provides general information about Nevada workers’ compensation law and is not intended as legal advice for your specific situation. Workers’ compensation cases involve complex statutory requirements and individual facts that require personalized legal analysis. Contact Becker & Vail LLC directly for guidance tailored to your claim.