Propriety of the examination

4 articles by Jason Tenenbaum, Esq.

December 5, 2013

Medical provider needs to prove that Assignor was represented by counsel and that counsel failed to receive notification of IME

NY court rules medical providers must prove assignor had counsel and counsel wasn't notified of IME scheduling to challenge no-fault insurance denials.

September 2, 2013

Medical provider cannot defeat IME non-cooperation defense through stating “discovery is outstanding”

Medical providers cannot defeat IME non-cooperation defense by claiming outstanding discovery. NY appellate court rules on summary judgment standards.

April 16, 2011

Objective criterian is not necessary prior to seeking an IME

New York Court of Appeals clarifies that no-fault insurers don't need objective criteria before requesting an Independent Medical Examination, unlike examinations under oath.

November 28, 2009

IME Diagnostic Testing Rights: What NY Claimants Need to Know

Learn your rights regarding diagnostic testing during Independent Medical Examinations in New York. Expert guidance for Nassau & Suffolk County claimants.