Workers' Compensation Law: A Context and Practice Casebook, Second Edition by Duff Michael C

Author:Duff, Michael C.
Language: eng
Format: epub
Publisher: Carolina Academic Press
Published: 2017-03-01T00:00:00+00:00

The evidentiary posture of many (perhaps most) contested workers' compensation cases is predictable. The claimant has been injured, and it is a close question as to whether the injury was causally connected to employment; or the nature, extent, and duration of the injury is disputed. The contested case is put, for practical purposes, into the hands of physicians, who promptly take positions that are diametrically opposed. When this happens, it is perhaps quite natural for jurisdictions to want to remove the raw advocacy from difficult contested cases by creating neutral medical assessors. But the same underlying adversarial dynamic continues to cause parties to distrust the supposedly neutral system; and in the case that follows, Laskey, the injured worker probably had reason to distrust the putative neutral physician.

Think about these questions as you read the following case, Laskey:

Why was an IME (neutral) physician required in the case?

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