Weaver v. Readco Management LLC
To ensure a fair and equitable independent medical examination, when the examiner is a retired attorney who subsequently became a psychiatrist, a court can grant the plaintiff permission to bring a third party to the exam and to record the exam. The plaintiff, Patricia Weaver, sued the defendant employer, alleging she was wrongfully discharged because of disability discrimination against individuals who suffer from post traumatic stress disorder. The defendant employer requested an independent medical examination of Weaver. An independent medical exam may be ordered only when "the mental or physical condition of a party . . . is material to the prosecution or defense of said action," pursuant to Practice Book §13-11(a). "[T]he defendant," wrote the court, "should be allowed to have the plaintiff examined because an accurate and objective assessment of the claimed psychiatric injuries harm or disability would be impossible without the ability to question about past psychiatric symptoms and personal history." The plaintiff objected to the defendant's psychiatric expert, because the defense expert previously worked as an attorney and the independent medical examination "is likely to become a de facto deposition." To "ensure a fair and equitable" examination, the court granted the plaintiff permission to bring a third party to the exam, which shall take place in New London County, and to record the exam. The court ordered the parties to reach agreement in advance about any psychological tests to be conducted and the length of the exam.