What if anything could you recommend to people who are watching could do to try to protect themselves during an alleged independent medical exam?
In some states, for instance in Florida a disability claimant has the right to take a third party with them to that independent medical examination in individual disability insurance cases. If you have a private policy you have that type of right to take your attorney, a court reporter, a videographer to that independent medical examination with you to make sure that everything that will later be said to have occurred during that independent medical examination actually occurred the way they say it. In other cases, in ERISA cases, it’s kind of a grey area often the insurance companies would allow you to do that to take someone with you, or to have a videographer to record the whole thing.
So, would you recommend to try to videotape an independent exam if available to you?
You know I think you have to deal with it on a case-by-case basis, not every independent medical examination calls to have a videographer there or calls to have a court reporter there to take everything down but I think it’s a good way to ensure that things happen the way they say it happened during that independent medical examination.
I think at a minimum, definitely bring a third party with you or someone so that you can dispute anything that is said and you want to dispute it.