IN THE WORKERS’ COMPENSATION COURT OF THE STATE OF MONTANA 2017 MTWCC 14
WCC No. 2017-4035. JODY ROSS Appellant/Claimant vs. VICTORY INSURANCE CO., INC. Appellee/Insurer.
Summary: Claimant appeals an Order Directing Medical Examination, in which the DLI ordered her to attend a second IME with the insurer’s chosen psychologist for the purpose of obtaining a neuropsychological evaluation to determine if she is a candidate for a spinal cord stimulator.
Held: The Order Directing Medical Examination is reversed. The Workers’ Compensation Act does not allow an insurer to designate a psychologist to be both its independent medical examiner under § 39-71-605, MCA, and the consulting psychologist for claimant’s treating physician under § 39-71-1101, MCA. At this time, the insurer has not established good cause for a second IME with its designated psychologist because claimant has not first undergone an evaluation with the treating physician’s chosen psychologist.
Judgment: The DLI’s Order Directing Medical Examination requiring Ross to attend an evaluation by Dr. Harrison is reversed.
READ FULL DOCUMENT AT ORIGNAL SOURCE: http://wcc.dli.mt.gov/r/Ross_2017MTWCC14.pdf