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IME no show results in summary dismissalSeptember 15, 2011

Multi-Specialty Pain Mgt. PC v New York Cent. Mut. Fire Ins. Co., 2011 NY Slip Op 51677(U)(App. Term 1st Dept. 2011).

“defendant’s submissions established prima facie that it properly mailed initial and follow-up notices of independent medical examinations (IMEs) to the assignor and her attorney, and that the assignor failed to appear”

I would not read too much into the bolded language.  I believe there is case law out there that only requires it to be mailed to the assignor.  Still, this opens a door (perhaps) for the eventual argument that you know will be made.

2 Responses

  1. mitchell lustig says:

    what case law are you referring to that holds that you only have to send IME scheduling letters to the assignor. Are you referring to pre-claim IMEs as opposed to IMEs scheduled after the bill has been submitted.

    • JT says:

      Triangle R v. Clarendon. But See, Center for Orthopedic Surgery, LLP v New York Cent. Mut. Fire Ins. Co., 31 Misc 3d 128(A)(App. Term 1st Dept. 2011)

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