Physicians: Psychologists

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.

O'Connor v. Nat'l Union Fire Ins. [06/23/95] 1995 MTWCC 51 Where claimant’s doctor testified at trial that he did not recommend counseling for claimant, insurer was not liable for claimant’s counseling costs. Although claimant now submits additional opinion from her physician, the matter should have been explored at trial and will not now be reopened.

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.