Worker Can Request Examination if Carrier Supports Claim Denial With IME Report

The Oregon Court of Appeals ruled that when an insurer submits an independent medical examination report as evidence to support its denial of a worker’s claim, the denial is “based” on an IME, and the worker is eligible for a worker-requested medical examination. Thomas Cardoza allegedly injured his back while working for Werner Gourmet Meat Snacks Inc. Werner had workers’ compensation insurance coverage with SAIF Corp., which contested Cardoza’s claim. SAIF requested that Cardoza submit to an IME by a physician of its choosing. That doctor’s report s...