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 RequestIn 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 CasesOnce 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 ExamDIME Physician’s Opinions as to the Cause of Engineer’s Narcolepsy Not Afforded Special Deference By virtue of a special Colorado statute [Colo. Rev. Stat. § 8-42-107(8)(b)(III)], a division-sponsored independent medical...
Colorado DIME Physician's Opinion Not Always Given Presumptive Deference Colorado DIME Physician's Opinion Not Always Given Presumptive DeferenceAn Arizona appellate court recently held, as a matter of law, that a workers’ compensation claimant who expressed an intention to record an independent medical examination (“IME”), in the absence...
Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be Recorded Arizona: Carrier May Not Suspend Benefits Where Claimant Indicates IME Will Be Recorded