"Checking Them Twice" -Courtroom Medical Examinations

September 14, 2009, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In a recent Ontario Court decision, the court, on a motion, had to deal with a defence motion for an additional defence medical examination of the plaintiff (Mackenzie v ABS Manufacturing and Distributing Ltd.).  The car accident occurred in January 2003.  The Plaintiff had been off work since 2007.  The trial was scheduled to begin in June 2009.  The Plaintiff had worked as a millwright at the time of the accident.  A physically demanding job.  Initially the Plaintiff complained primarily of mid and low back pain.  Later the Plaintiff claimed that the onset of carpal tunnel syndrome was as a result of the accident.  The Defendant had previously had the Plaintiff examined by a doctor with a more general speciality to respond to the claim. Particularly since the back was the primary complaint.  The Defendant now wanted the Plaintiff to be examined by a Hand specialist to get an opinion on causation of carpal tunnel syndrome.

The court permitted the second examination.  The court held that the Defendant had provided sufficient evidence to demonstrate the necessity of the examination.  The court felt that the examination was fair to "level the playing field".  The court also noted that the Defendenat had only one previous examination and a furthe defence examination by a hand specialist was minimally intrusive.

Posted under Personal Injury, Car Accidents, Pain and Suffering

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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