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Thomas A. Robinson
11 months ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Utah: Injured Worker’s Tort Action Against IME Physician Properly Dismissed
There is no physician-patient relationship between an independent medical examiner and a workers’ compensation claimant, held a Utah appellate court. In the absence of such a relationship, the physician did not owe the claimant the sort of duty...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Iowa: Worker Entitled to Alternate Care in Spite of Refusal to Attend IME
An Iowa workers’ compensation claimant was entitled to alternate medical care under Iowa Code § 85.27, in spite of his refusal to attend an independent medical examination (IME) proposed by the employer to determine if the additional treatment...
Thomas A. Robinson
over 2 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
New Mexico: Supreme Court Expands “Health Care Provider” Definition
The Supreme Court of New Mexico indicated the use of the independent medical examination (IME) statute contained in the state’s Workers’ Compensation Act in death benefit cases in spite of a lack of clarity in the statutes. The case involved...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Idaho: For IME Purposes, Court Takes Broad View in Defining “Period of Disability”
In spite of language within Idaho's IME statute [Idaho Code § 72-433] that appears to require attendance at the independent medical examination (IME) session only during the injured employee's ”period of disability,” an employer...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Colorado: Court Refuses to Give Presumptive Deference to DIME Physician's Opinion
Acknowledging that under Colo. Rev. Stat § 8-42-107(8)(b)(III), a division-sponsored independent medical examination (“DIME”) physician’s opinions concerning MMI and impairment are afforded presumptive weight, a state appellate...
Thomas A. Robinson
over 3 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Montana: Supreme Court Says State’s IME Process Does Not Violate Due Process
Mont. Code Ann. § 39-71-605, which permits workers’ compensation insurers to obtain multiple medical examinations of a claimant, does not permit the State Fund (which had insured the risk and was administering the claim in the instant case...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Larson’s Spotlight on Recent Cases: Claimant’s Right to Record Independent Medical Examination
Larson's Spotlight on Independent Medical Examination, Intoxication, Intentional Tort, and Defense Base Act. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...
BRBS Longshore Reporter Staff
over 9 years ago
Workers' Compensation
Reform Legislation
The Case for Clear Guidelines for Nurse Case Managers
By Steven M. Birnbaum, Law Offices of Steven Birnbaum, San Rafael, California The cost of medical care has risen throughout our society and calls for cost control are no louder than in workers' compensation cases and Longshore cases are included...
BRBS Longshore Reporter Staff
over 11 years ago
Workers' Compensation
Workers' Compensation Law Blog
Longshore Act: Department of Labor-Appointed Independent Medical Examinations
The District Director, OWCP, may order an examination of the claimant by an independent medical examiner when a medical question exists with regard to the claimant’s diagnosis, extent, effectiv eness of appropriate treatment or the duration of any...
BRBS Longshore Reporter Staff
over 9 years ago
Workers' Compensation
Workers' Compensation Law Blog
The Case for Clear Guidelines for Nurse Case Managers
By Steven M. Birnbaum, Law Offices of Steven Birnbaum, San Rafael, California The cost of medical care has risen throughout our society and calls for cost control are no louder than in workers' compensation cases and Longshore cases are included...
Larson's Spotlight
over 9 years ago
Workers' Compensation
Workers' Compensation Law Blog
Larson’s Spotlight on Recent Cases: Claimant’s Right to Record Independent Medical Examination
Larson's Spotlight on Independent Medical Examination, Intoxication, Intentional Tort, and Defense Base Act. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers'...
Larson's Spotlight
over 11 years ago
Workers' Compensation
Workers' Compensation Law Blog
Five Recent Cases You Should Know About (9/3/2010)
Larson's Spotlight on Death Benefits, Statute of Limitations, Physician Negligence, Independent Medical Examination, and Fraud. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for...