Tag: IME

Oct 11, 2022

No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head Injury

A New York appellate court affirmed a finding of a state WCLJ, affirmed by the New York Workers’ Compensation Board, that a claimant had not made misrepresentations regarding his prior...

No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head Injury No Violation of N.Y. Workers’ Comp. Law § 114-a Where Testimony Inconsistencies Explained by Head Injury
Aug 9, 2021

Utah IME Physician May Not Be Sued by Workers’ Comp Claimant

Finding that a physician-patient relationship did not exist between a doctor hired by the workers’ compensation carrier to perform an independent medical examination of the claimant, the Supreme Court of...

Utah IME Physician May Not Be Sued by Workers’ Comp Claimant Utah IME Physician May Not Be Sued by Workers’ Comp Claimant
Aug 5, 2020

TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating

Construing Tenn. Code Ann. § 50-6-204(d)(5), pursuant to which a presumption of correctness is afforded to the impairment rating provided by an independent medical evaluator who has been selected from...

TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating TN Appeals Panel Clarifies Presumption of Correctness Afforded to MIR Physician's Impairment Rating
Jan 15, 2020

Iowa Claimant Allowed Alternate Treatment in Spite of Employer’s IME Request

In a proverbial “battle of the statutes,” an Iowa appellate court held that, under the facts of the case, a workers’ compensation decision granting a claimant’s application for alternate medical...

Iowa Claimant Allowed Alternate Treatment in Spite of Employer’s IME Request Iowa Claimant Allowed Alternate Treatment in Spite of Employer’s IME Request
Dec 23, 2019

NY Court Bars IME Physician’s Testimony on Strict Procedural Grounds

A recent decision from the Empire State, Matter of Keller v. Cumberland Farms, 2019 N.Y. App. Div. LEXIS 9113 (3d Dept. Dec. 19, 2019), illustrates a point sometimes lost on...

NY Court Bars IME Physician’s Testimony on Strict Procedural Grounds NY Court Bars IME Physician’s Testimony on Strict Procedural Grounds
Nov 20, 2019

NM Supreme Court Applies IME Statute to Death Benefit Cases

In a well-expressed opinion that illustrates how an appellate court is sometimes required to construe an ambiguous statute, the Supreme Court of New Mexico held that while there was no...

NM Supreme Court Applies IME Statute to Death Benefit Cases NM Supreme Court Applies IME Statute to Death Benefit Cases
Jun 19, 2019

Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster

§ 440.13(9)(c), Fla. Stat., which provides a presumption of correctness to the opinion of an expert medical advisor (“EMA”), is not violative of separation of powers, equal protection, and due...

Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster
Jun 6, 2019

NY Claimant Establishes Aspergillosis Claim as an Accidental Injury

Court’s Ruling of No Occupational Disease Does Not Bar Claim (After Remittal) for Accidental Injury Where a New York appellate court reversed the state Workers’ Compensation Board’s finding that a...

NY Claimant Establishes Aspergillosis Claim as an Accidental Injury NY Claimant Establishes Aspergillosis Claim as an Accidental Injury
May 21, 2019

Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam

Once an Idaho claimant has filed a complaint seeking disability benefits, the employer may require her to attend a medical examination under Idaho Code § 72-433, held the Supreme Court...

Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam Idaho Worker Seeking Disability Benefits May Not Avoid Independent Medical Exam