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 also argue that “[t]here needs to be a way to control these money-making medical types who parade as `independent’ examiners.” The Stricklands attempt to paint Simonet as an expert for hire, noting that he performed 320 independent medical evaluations during 2009 and the first half of 2010 and that he charges $1,500 per examination and $2,000 for a video deposition. However, Simonet testified he has twenty-five years of experience as an orthopedic surgeon, performs over 500 surgeries per year, and sees 100 patients in his office each week. He testified the fees he charges as an expert witness reflect what he would make if he spent the same amount of time performing surgery or seeing patients. Regardless, the monetary compensation Simonet received for his testimony goes to its weight, not its admissibility. The Stricklands have not persuaded us that Simonet’s testimony was improper, or that this is an “exceptional case” meriting discretionary reversal.