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Supreme Court Clarifies Duty Owed by IME Providers to Claimants

Friday, August 6, 2021 | 0

The Utah Supreme Court unanimously ruled that a physician performing an independent medical examination for a workers’ compensation claimant owes no duty of care to prevent his opinions from being used to allegedly delay the proceedings. Case: Kirk v. Mark Anderson M.D., No. 20191020, 08/05/2021, published. Facts: Jeremy Kirk worked for Park City Plumbing. In April 2015, Kirk was in a vehicle that was stopped at a red light when another vehicle struck him from behind. Kirk filed a workers’ compensation claim, asserting he was in the course and scope of his employment when the ac...

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