Medical Examinations

News & Analysis as of

Passing a DOT medical exam is a ‘marginal function’ of the job?

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification...more

Florida Supreme Court Holds Insurer Must Plead and Prove Prejudice From Insured’s Failure to Attend CME

In a recent decision in State Farm Mutual Automobile Ins. Co. v. Curran, 2014 Fla. App. LEXIS 3506 (Fla. March 14, 2014) the Florida Supreme Court addressed an auto policy issued by State Farm with a condition requiring an...more

Nexsen Pruet Employment Law Update - March 10, 2014: Should Employers "Get Physicial"?

Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred,...more

“Independent” Medical Examinations

There is nothing independent about the medical examinations set up the insurance carrier. These “doctors” are paid directly by the insurance carriers for their opinion regarding your injury. This opinion will have a...more

Legal Disability: Court Orders to Protect Parties, the Judicial Process, and Counsel

The administration of justice has a responsibility to protect persons under a legal disability. Such a responsibility serves a dual purpose; to protect that specific individual, and to protect the integrity of the judicial...more

Australia: Managing Ill Or Injured Workers - Best Practice Guide

TAKING THE PLUNGE - Often, the first step is for an employer to ask, and if necessary, direct the employee to undergo a medical examination. Where the employee refuses, the employer needs to decide whether that...more

DOL Busts Employer For Requiring Annual Medical Certification Without Leave Request

The DOL is on a roll, and employers can't be amused....more

Private Health Care Providers Should Understand the Risks When Treating Inmates - BB&K's Jared Goldman Examines the Potential...

If you have worked in correctional health care for a while, you have heard about the Eighth Amendment’s prohibition against “deliberate indifference” to an inmate’s medical needs. But you may be unaware of the patchwork of...more

Plaintiff's Delay in Moving an Action Forward and the Timing of Defence Medical Assessments

A common frustration for defence counsel in a personal injury claim arises where the plaintiff, or counsel, allows an inordinate amount of time to pass notwithstanding the responsibility to move a matter towards trial in a...more

My accident benefits have been denied, how can I dispute this?

Many people who are receiving accident benefits will be surprised and disappointed when their benefits begin to be denied. Many people believe that a single denial means they have been “cut-off” entirely from receiving any...more

Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more

Personal Injury: Defendants May Conduct Multiple Independent Medical Examinations With Good Cause

Gomez v. Rendon, No. 3D12-1105, 2013 WL 1316439 (Fla. 3d DCA April 3, 2013) - When a personal injury plaintiff’s physical condition is in controversy, and it changes substantially after the defendant conducts an...more

I Believe My Employee Is Unfit To Return To Work. Can I Require A Full Medical Examination Before His Return?

Have you ever doubted whether one of your employees actually was fit to return to work from a leave of absence? ...more

Material Misrepresentations – The Quebec Court of Appeal Sets the Record Straight

On March 15, 2013, the Quebec Court of Appeal in Axa Assurances v. L.S.1 set the record straight on the threshold an insurer must achieve when declaring an insurance policy void, confirming its prior decisions in Nourcy2 and...more

Is Your Insurer Requiring a Psych Eval Before Authorizing Back Surgery?

There is a recent trend among insurers and their medical review companies to require a psychological evaluation before authorizing a low back surgery. Neurospsychologist Louis Mortillaro, PhD is asked to do many of these...more

Employee’s Threatening Behavior May Justify Mandatory Medical Examination

When is it appropriate to require an employee to complete a medical examination? This question presents a common challenge for employers. ...more

Battle of the Forms: An overview regarding authorizations to conduct independent medical examinations

Medical or other expert assessments of claimants are routine, in both the tort and AB context. This paper provides a brief overview of the framework within which such assessments take place, including the issue of whether an...more

Federal Court Rejects ADA Suit Over Random Alcohol Testing of Probationary Plant Employees

A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more

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