Court Upholds Protective Order Limiting Scope of IME

A New York appellate court upheld a protective order limiting the scope of a Labor Law defendant’s independent medical examination of his back. Case: Nikel v. 5287 Transit Road LLC, No. 82 CA 22-00484, 04/28/2023, published. Facts: Ricky Nikel allegedly injured his back while working on a construction project on property owned by 5287 Transit Road LLC. After he underwent the first of two lumbar spine surgeries, Transit expressly waived its right to conduct an independent medical examination. Nikel then underwent a second surgery and this time, Transit requested an IME. Pro...