Question
Before I present my appeal, can I acquire exams and conduct an IME on my own (to avoid bribery/bias from Hartford)?
Answer
Michael, yes. In the course of an appeal you want to get as much beneficial information as possible, to include an IME or FCE of your own. The bigger issue from a legal perspective is the position they are taking as it relates to the failure to attend the IME. In some cases courts have found it a reasonable basis to deny a claim for failure to attend an IME as the policy creates an affirmative dutiy to attend. Please feel free to contact our office to discuss in greater detail.
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