Independent Medical Examination: Law in Effect

MONTANA SUPREME COURT DECISIONS

WORKERS' COMPENSATION COURT DECISIONS

Whitford v. Montana State Fund [03/23/06] 2006 MTWCC 11 Although Petitioner claimed Respondent cannot avail itself of this statute because occupational disease claims allegedly were not brought under the purview of this section until 2005, the Buckman rule has been specifically rejected as it pertains to IMEs. The Montana Supreme Court has held that the law in effect as to the date of the trial is controlling for IMEs.