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IME no-show with statement regarding quantum of proof regrding the “no-show”July 7, 2013

Right Aid Diagnostic Medicine, P.C. v Travelers Ins. Co., 2013 NY Slip Op 51033(U)(App. Term 2d Dept. 2013)

One of the most contentious areas involving the IME no-show defense involves the proof necessary to show that Claimant failed to attend the examination.

“Defendant also submitted an affirmation by its examining physician and affidavits by its examining chiropractor, psychologist and acupuncturist, respectively, each of which stated that plaintiff’s assignor had failed to appear for the scheduled IMEs.”

I think this is all that is necessary on motion. Examining doctor says Claimant did not show.  That is it.

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