Legal Question in Workers Comp in Arizona

What law governs the ability of a theropist to deny witness attending a FCE,or IME.In Az. The theropist doing the Fce, or Ime, denyed my wife being in the room while I got my evaluation done. Who , or how do I discover if this is legal, or appropriate, this happened after my wife had attended the exam for about 45 minutes.thank you Scott


Asked on 7/31/10, 10:01 am

1 Answer from Attorneys
Thomas Stillwell Stillwell Law Office, PLLC

I don't believe that there is explicit law on this topic...In fact, I'm certain that there isn't, because attorneys are not permitted to attend their client's examinations in workers' compensation matters. The fact that your wife was allowed in for 45 minutes, however, and then asked to leave suggests to me that the examiner did not mind her being there, but something changed his/her position. In any case, the examiner's report and opinion will not be invalidated by the tossing out of your wife, and I seriously doubt this is a battle worth fighting, anyway.

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Answered on 8/06/10, 11:28 pm


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