WA Court Upholds Suspension of Benefits for Refusal to Attend Telehealth IME

MS Employer/Carrier Not Entitled to Reimbursement for Second Medical Opinion Out of Injured Employee’s Third-Party Recovery

NY Court Says Claimant’s Failure to Attend Scheduled IMEs Was Not Reasonable

Idaho High Court Overturns Prior Decision; Carrier May Not Unilaterally Stop Benefits for Employee’s Failure to Attend IME

Ex Parte Contact With IME Doctor Results in Sanctions Against MS Employer

NY Claimant Wins COVID-19 Claim Without Aid of Presumption of Compensability

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...

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...

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...

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...

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...

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...