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RICHARD WAYNE SUMMERS vs. LIBERTY NORTHWEST INSURANCE CORP.

Workers' Compensation Court of the State of Montana

Does a records review constitute an “IME” under the statute?

IN THE WORKERS= COMPENSATION COURT OF THE STATE OF MONTANA 2017 MTWCC 5, WCC No. 2017-3961. RICHARD WAYNE SUMMERS vs. LIBERTY NORTHWEST INSURANCE CORP.

Summary: Petitioner moves this Court to declare that Respondent is not entitled to an IME in this matter on the grounds that a medical records review which Respondent obtained constitutes an “IME” under § 39-71-605, MCA, and that Respondent has no good cause to obtain a second IME. Respondent objects to Petitioner’s motion, contending that a records review is not an “IME” under the statute and arguing that it has good cause for an IME where there is a dispute as to the work-relatedness of Petitioner’s carpal tunnel syndrome.

Held: Petitioner’s motion is denied. This Court has previously ruled that a medical records review is not an IME, and the language of § 39-71-605, MCA, clearly contemplates a physical examination. Where causation is disputed, Respondent desires the IME for the purpose of obtaining a causation opinion, and Respondent has not previously obtained an IME, Respondent has demonstrated good cause.

Judgement: Summers’ motion for declaratory ruling is DENIED.

READ FULL DOCUMENT AT ORIGNAL SOURCE: http://wcc.dli.mt.gov/s/Summers_2017MTWCC5.pdf