OH: Admission of Non-Testifying Physician’s Report Allowed Where Employer Sought Submission to IME

An Ohio appellate court recently affirmed a trial court’s decision that a non-testifying physician's report was nevertheless admissible as an admission against the interest of the employer, where the employer requested the claimant submit to an IME and the physician was chosen by the employer.  Admission of the report did not violate the employer's rights to cross-examination since when statements are admitted as an admission of a party-opponent, the party whom they are offered against does not have a right to cross-examination; that would be akin to the party cross-examining its own witness.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Szulinski v. Kellison & Co., 2014-Ohio-111, 2014 Ohio App. LEXIS 91 (Jan. 16, 2014) [2014 Ohio App. LEXIS 91 (Jan. 16, 2014)]

See generally Larson’s Workers’ Compensation Law, § 127.02 [127.02]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

For more information about LexisNexis products and solutions connect with us through our corporate site

 _____________________________________________________________________

Price $99*; Books shipping now to customers! 

Keep track of how the workers' comp landscape is changing with this 400+ page compendium. Here's what you get: 

• A 50 state survey at a glance of workers' comp-related legislation, including selected drug bills, with commentary from 27 defense attorneys, 16 claimant's attorneys, and National expert Thomas A. Robinson, staff writer for Larson's Workers' Compensation Law
• In-depth analysis and insight on key issues, including exclusive remedy, medical marijuana, opt outs, Affordable Care Act & much more
• Larson's Spotlight on interesting cases for 2013, written by national expert Thomas A. Robinson

View the brochure & table of contents.

View sample pages.

Order online or contact Christine Hyatt at  ph. 937-247-8166, or Email: Christine.E.Hyatt@lexisnexis.com.

*Price does not include sales tax, shipping or handling. Price subject to change without notice.