TAPE RECORD INDEPENDENT MEDICAL EXAMS | Matt Fendon Law Group
Matt Fendon Law Group
Call Us 24/7
Toll Free 800-229-3880
Se Habla Español
Phoenix602-562-9111
Tucson520-333-6665
Prescott/Flagstaff 928-358-4068

TAPE RECORD INDEPENDENT MEDICAL EXAMS

A decision came down on November 20, 2012 from the Division 1 of the Arizona Court of Appeals. It was the first published workers' compensation opinion that we have had in a long time. By "published," that means that we as lawyers can use this case as binding law. The case-Kwietkauski v Industrial Commission- was argued by a non-lawyer. Ms. Kwietkauski had her benefits suspended by the workers' compensation insurance carrier when they argued that she obstructed an independent medical examination by attempting to tape record the visit. The statute does allow insurance carriers to suspend workers compensation benefits when someone misses or obstructs an independent medical examination. There is previous case law-Burton v Industrial Commission-that allows injured workers to tape record independent medical examinations. That case has been around since 1990. The Court of Appeals ruled in Ms. Kwietkauski's favor on the Burton case. They went a step further to say that an injured worker does not have to provide prior notice to the independent medical examiner to tape record it. This is a very good decision for injured workers. It gives them a little more protection when dealing with independent medical exams, which are usually adversarial. Please feel free to call us, or e-mail us, or Facebook us with any questions or comments about workers compensation, Social Security disability, employment law, or landlord-tenant. 

No Comments

Leave a comment
Comment Information

Nationally Recognized In The Legal Community

  • Avvo Rating 10 Top Attorney
  • Super Lawyers Rising Stars
  • The National Trial Lawyers Top 40 Under 40
  • Martindale Hubbell AV
  • Avvo Clients' Choice 2018
  • Lead Counsel Rated
  • Arizona Trial Lawyers
  • National Organization of Social Security Claimants' Representatives
REQUEST A CONSULTATION

We’re Ready To Answer Your Questions And Resolve Your Claim

With four offices across the state, we are ready to work with you no matter where you are in Arizona. Contact our office toll free at 800-229-3880 or send us an email.Our team of lawyers is available to take your call 24/7. We offer free consultations for workers' compensation and Social Security cases.
Habla Español.

Contact the Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Four Locations To Serve You Better

Phoenix

Phoenix Office

Phoenix Office
1601 N. 7th Street
Suite 330
Phoenix, AZ 85006

Phone: 602-562-9111
Phoenix Law Office Map

Tucson Office
2573 N 1st Avenue
Tucson, AZ 85719

Phone: 520-333-6665
Map & Directions

Prescott Valley Office
7550 E Addis Ave
Prescott Valley, AZ 86314

Phone: 928-358-4068
Map & Directions

Flagstaff Office
223 N San Francisco Street
Suite 105C
Flagstaff, AZ 86001

Phone: 928-358-4068
Map & Directions

Prescott

Prescott Office

Tucson

Tucson Office

Flagstaff

Flagstaff Office
Back To Top