Thursday, March 17, 2011

Judge Wettick Addresses Parameters of Neurospsych IMEs

I was recently provided with a December 1, 2010 Order and Opinion of Court issued by Judge R. Stanton Wettick of the Allegheny County Court of Common Pleas in the case of Rotunda v. Petruska, No. GD08-018798 (Alleg. Co., 2010, Wettick, J.) in which the Court held that a neuropsychological IME could not be performed in the absence of Plaintiff’s counsel if an objection to that was lodged by the Plaintiff.

Defense counsel had objected that the presence of another persons for the psychological testing would alter the results and may influence the test scores.

Judge Wettick held that the wording of Rule 4010 “is clear” and allows a party the right to have counsel present during the examination. Judge Wettick also allowed the Plaintiff to record the proceeding as allowed by the Rules.


I thank Attorney Andrew L. Braunfeld of the law firm of Masterson, Braunfeld, LLP in Conshohocken, Pennsylvania for forwarding this Opinion to my attention.

Anyone desiring a copy of this Opinion may contact me at dancummins@comcast.net.

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