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Judge Must Revisit Admissibility of IME's Opinion, BRB Rules

Tuesday, December 18, 2012 | 0

An administrative law judge must revisit the question of whether an independent medical examiner's opinion should be admissible in a Defense Base Act claim, according to a published decision from the Benefits Review Board.Case: Leyva v. SEIU, No. 12-0111, 11/29/12, published. Facts: In July 2007, Hector Leyva injured his shoulders while working as a mechanic in Iraq for the Service Employees International, Inc. He received pain medication and returned to work, only to have the pain worsen. Leyva obtained modified duty and kept working until April 2008, when he returned to the United States...

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