Attorney's Text Message to IME Didn't Justify Exclusion of Doctor's Opinion

A divided New York appellate court ruled that an attorney’s communication with an independent medical examiner about the subject of an upcoming deposition did not constitute an effort to exert undue influence and did not warrant exclusion of the doctor’s opinion. Case: Knapp v. Bette & Cring, No. 525540, 11/29/2018, published. Facts: Robert Knapp worked for Bette & Cring LLC. He suffered injuries while at work in 2010. Knapp secured a determination that his injuries were compensable, and he received an award of benefits based on a 40.5% schedule loss of use of the left f...