Claimants often ask me about the scope of an orthopedic defense medical examination. What is the doctor looking at? What is the doctor looking for? Is the doctor just a hired gun? Typically, the same questions are asked to every orthopedic defense expense. These questions define the scope of the examination. As such, it is good for a Longshore or Defense Base Act claimant to know what the insurance adjuster or defense lawyer asked the doctor. Without further ado, here is a list of typical defense medical examination questions and directions. Please identify all orthopedic symptoms of which Claimant currently complains. Please provide your diagnosis of Claimant’s current orthopedic condition(s), if any. Please address whether Claimant’s orthopedic diagnosis or diagnoses are related to a work incident. Please address whether Claimant’s orthopedic conditions were caused by an overcompensation injury. Please address any non-work-related cause(s) of Claimant’s current orthopedic conditions. Please adviseRead more
The Scope of a Defense Psychiatric Examination
Want to know what questions the Defense Base Act Carrier asked the psychological defense medical examiner to answer after your evaluation? Here is a list of the typical questions (which I am quoting): Within a reasonable degree of medical certainty and probability, is there substantive, reliable data to support that Claimant suffers from a mental illness? If so, please elaborate as to Claimant’s mental health condition. Is it your opinion, within a reasonable degree of medical certainty and probability, that Claimant’s mental health condition, if any, was caused, aggravated, or accelerated by his employment with Employer? Is it your opinion, within a reasonable degree of medical certainty and probability, that Claimant suffers from any pre-existing (before the reported work-related incident) mental health conditions that contribute to his current condition? If so, please elaborate. Is it your opinion, within a reasonable degree of medical certainty and probability, that Claimant has reachedRead more
