In a decision that may have attorneys in other states scurrying back to their respective statutes to check their states’ definitions of “physician,” the Supreme Court of Kentucky held that...
KY Supreme Court: Noted Medical Authority’s AMA Guides Report Inadmissible KY Supreme Court: Noted Medical Authority’s AMA Guides Report InadmissibleConstruing 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 RatingFive Out of Seven Ohio Supreme Court Justices Say Medical Opinion Was Ambiguous In a 5-2 decision, the Supreme Court of Ohio affirmed a finding by the Tenth District Court...
Commentary: The Challenges in Dealing With Cautious Medical Testimony Commentary: The Challenges in Dealing With Cautious Medical TestimonyOpinion of Audiologist With Ph.D. Trumps Opinion of M.D. A Missouri appellate court has affirmed a decision of the state’s Labor and Industrial Relations Commission awarding permanent partial disability benefits...
Missouri Court Says Medical “Expert” Need Not be an M.D. Missouri Court Says Medical “Expert” Need Not be an M.D.DIME 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 DeferenceWhat if an injured worker was legally prevented from discussing his or her medical condition directly with the worker’s doctor, if the worker was required instead to listen to the...
Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity” Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity”