Labor & Employment Law

Do you have to let the insurance company’s doctor examine you?

By Michael Goldstein, Esq.

A Massachusetts personal injury lawyer Christopher F. Earley, has an informative post over at his Boston injury lawyer blog concerning the requirement to submit to an IME (independent medical exam), when a claimant slips and falls.

Recently, I have had several workers compensation clients ask me if they needed to allow the insurance companies doctor?s to examine them following their conciliation, but prior the workers comp hearing. I believe attorney Earley post sheds some light on this matter as it relates to Rule 35.

He correctly cites that if you are involved in slip and fall litigation in Massachusetts, you should be aware of the right of the defense to conduct an IME (Independent Medical Exam). This right comes from Rule 35 of the Massachusetts Rules of Civil Procedure which states: “When the mental or physical condition ?of a party, or of a person ?, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or legal control.”

Full post as published by Massachusetts Employment Law Blog on November 17, 2007 (boomark / email).