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

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.

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