Attorneys: Presence at Independent Medical Examination

Haman v. Wausau [11/30/07] 2007 MTWCC 49 While the presence of counsel is generally not required because an IME is a non-adversarial process, in a case in which a second IME is granted and Petitioner’s first IME with the examining physician was contentious, the Court will allow Petitioner to have her second IME conducted on the record and with her attorney present.

Haman v. Wausau [11/30/07] 2007 MTWCC 49 An IME is no different than a deposition, in which a party has the right to exclude any non-party to ensure that the responses from the deponent are accurate and uninfluenced. Therefore, Petitioner’s husband will not be allowed to be present at, and to videotape, Petitioner’s IME. However, a deposition is taken on the record with the party’s attorney present. Where the claimant has a contentious history with the IME doctor, the Court will allow Respondent’s follow-up IME to be conducted on the record and with Petitioner’s counsel present.