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JODY ROSS vs. VICTORY INSURANCE CO., INC

Workers' Compensation Court of the State of Montana

Does the Workers’ Compensation Act allow an insurer to designate a psychologist to be both its independent medical examiner and the consulting psychologist for claimant’s physician?

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