Steven Babitsky

The Supreme Court of Wisconsin in Aurora Consol. Health Care v. LIRC, 814 NW 2d 824 - Wis: Supreme Court 2012, dealt with the right to cross-examine an independent physician appointed by the commission. The court dealt with a claimant who had 2 back surgeries and failed back syndrome. The [...]

IME Physicians: Proper Disclosing of Documents   One of the most important functions that a physician performing Independent Medical Exams undertakes is the preparation of his/her IME report. These reports are frequently used to evaluate and settle many cases. A crucial element of a persuasive and defensible IME report is [...]

When writing your IME report it is important to remember that how you say it is just as important as what you are saying. Using incorrect, imprecise, or confounding language will raise red flags and result in uncomfortable and unnecessary cross-examination.   Let's look at some of the common words [...]

The Wisconsin Court of Appeals, in WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION v. AMCO INSURANCE COMPANY, Wis: Court of Appeals, 3rd Dist. 2012, dealt with an orthopedic surgeon who performed 320 IMEs per year. The plaintiff argued that the physician was not “independent.” The court rejected the argument stating: The Stricklands [...]

IME: Disc Protrusions Common By: Steven Babitsky, Esq.   The Arizona Court, Sartin v. Industrial Commission of Arizona, Ariz: Court of Appeals, 2nd Div., Dept. A 2012, dealt with a claimant who alleged a displaced disc as a result of stocking groceries at work. The court affirmed the denial of [...]

IME Causation: Insufficient Testimony By: Steven Babitsky, Esq.   Sanchez v. NATIONAL DISTRIBUTING COMPANY, NM: Court of Appeals 2012 The New Mexico Court of Appeals dealt with the “possibility” testimony of an IME physician on the issue of causation. The testimony in question was as follows: Burney testified as follows: [...]

IME: Knee Replacement Steven Babitsky, Esq. Is an incomplete medical history taken by an IME physician “cured” by a subsequent review of the employer’s medical report? The appeals court of Kentucky, PADUCAH PUBLIC SCHOOLS v. Dumas, Ky: Court of Appeals 2012, hold it in fact was. The court stated: PPS [...]

IME Examination Recording By Steven Babitsky, Esq. Does the plaintiff have a right during a psychological IME to have his therapist present and to record the examination? The U.S. District Court in Colorado, LAMMLE v. BALL AEROSPACE & TECHNOLOGIES CORPORATION, Dist. Court, D. Colorado 2012, said no to both. The [...]

IME Physician: Former Partner of Physician By: Steven Babitsky, Esq.   Is a former medical partner of a treating physician sufficiently “independent” to perform an IME? The Louisiana court in, Mitchell v. Aramark, Dist. Court, ED Louisiana 2012, held yes, despite the apparent bad blood between the physicians. The court [...]