Physicians: Psychological Evaluation

Fitch v. Liberty Mutual Fire Ins. Co. [12/17/98] 1998 MTWCC 90 A licensed psychologist's testimony that claimant suffered from dementia due to traumatic brain injury and a neurocognitive injury was discredited through cross-examination indicating he failed to properly administer or interpret tests and through the more persuasive testimony of a neuropschologist with far more impressive credentials.

EBI/Orion Group v. Blythe [06/06/95] 1995 MTWCC 43 Where claimant alleges disability due to a mental condition arising from a physical injury, an independent medical examination concerning his mental condition is appropriate and reasonable. While section 39-71-605, MCA (1993) refers to an IME by a “physician,” other provisions of the Workers’ Compensation Act make clear that “physician” is used in a broad sense. Given this context, and practice in the workers’ compensation field for IME panels to include Ph.D. psychologists, the requested IME is proper.