The Co-operators General Insurance Company brought a motion to compel the plaintiff, Annette Brooks, to attend a second independent medical examination with a physiatrist.
The plaintiff opposed, offering to withdraw her own physiatry report.
The court granted the motion, finding that the examination was warranted to ensure a fair determination of the nature and extent of the plaintiff's injuries, despite the plaintiff's offer and the late stage of litigation, as the plaintiff's physiatry report was relied upon by another expert and the proposed examination was not duplicative.
