8884414650 Skip to content

Ability to translate our services to languages including: English, Spanish, Assyrian, Arabic, and many more!

We negotiated the highest settlement in AZ workers' compensation history!


Tape Record Independent Medical Exams

Published November 21, 2011 by Matt Fendon Law Group | Firm News

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.

Associations & Awards
  • 2024 Super Lawyers Matt Craig Fendon
  • Matt Fendon Super Lawyers 2023
  • Workers Injury Law 2023
  • Law Leaders
  • Super Lawyers Matt Fendon
  • Matt Fendon Top Lawyer 2023
  • Matt Fendon AV Preeminent
  • Top Lawyer 2022 Matt Fendon Workers Attorney
  • Certified Specialist
  • Top-rated-Lawyer-2020
  • 5 years Rising Stars
  • badge-avvo-rating-10-top
  • leadcounsel-seal
  • AV
  • Advocates Forum
  • AzTLA
  • the national trial lawyers top 40 under 40
  • super lawyers rising stars
By submitting your mobile number, you agree to receive text messages from regarding your subscriptions or other industry related information. You can opt-out anytime. Message & data rates may apply. View Mobile Terms. View Privacy Policy
Five Locations to Meet You
Phoenix Office
Prescott Office
Tucson Office
Flagstaff Office
Scottsdale Office