Who should evaluate? The answer to this commonly asked question is, “It depends.” It depends on the issues, the context, and the evaluator. A treating physician knowledgeable about the use of the Guides may be the appropriate professional to evaluate impairment in certain circumstances. However, in cases dealing with issues such as pain, disability, and medicolegal (forensic) issues, a truly independent medical examiner typically is more appropriate.

Section 2.1, Defining Impairment Evaluations, states that impairment evaluations “may be performed by a treating physician or a nontreating physician, depending upon the state's requirements and the preferences of the individual, physician, and requesting party” (5th ed, 18). The evaluation must be performed by a physician; it cannot be performed by a nonphysician, such as a physical or occupational therapist or an acupuncturist. Depending on jurisdiction language, the term physician may...

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