Friday, June 6, 2014

Judge Minora of Lackawanna County Denies Motion to Compel Plaintiff to Attend 4th IME

In Gilroy v. Housing and Redevelopment Insurance Exchange, No. 2009-CV-9064 (C.P. Lacka. Co.
Judge Carmen D. Minora
Lackawanna County
April 23, 2014 Minora, J.), Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas ruled that a Plaintiff was not required to undergo a fourth independent medical examination with a pain management specialist as the Defendant did not meet the burden of showing good cause to support such a request.

According to the Opinion, the Plaintiff was alleging injuries as a result of a motor vehicle accident. Without objection, the Plaintiff had previously submitted to three (3) IMEs, one by an orthopedic surgeon, one by a neurological doctor, and one by a psychological medical provider.

When the Defendant requested the Plaintiff to undergo a fourth IME with a pain management specialist, the Plaintiff refused.

The case initially came before a special discovery master in the Lackawanna County Court of Common Pleas who denied the Defendant’s Motion to Compel the fourth IME. The Plaintiff appealed and Judge Minora affirmed the decision of the special discovery master.

Anyone wishing to review this decision may click this LINK.

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