I am going on record with my personal opinion that an insurance carrier at trial or framed issue hearing should not generally be able to substitute IME doctors, with two caveats. First, if a peer doctor relies upon an IME among other records, then under the professional reliance exception to hearsay, the IME should be considered. Second, if the IME is more of a peer review, then a substitute doctor would be proper. But, if the IME reaches a conclusion based upon 98% evaluation and 2% record review (the normal IME), it seems like blatant hearsay if some other doctor is retained to testify.
What triggered this post? I understand that some firms are using substitute IME doctors and judges are allowing this practice.
What judges and Courts are allowing this? Thanks
-Jason
