12 Aug Do I have to go to the medical appointment that the insurance company has requested that I attend?
In many cases, the defense requests that the injured party attend a physician retained on behalf of the defendant. In some cases, the defense requests that the injured party attend multiple physicians. In these cases, there is an argument that the subsequent appointment is unnecessary.
In Monahan v. Yang, 2015 BCSC 999, the court considered this issue. The Plaintiff had already attended Dr. Moll, a neurologist. The defense requested that she attend an orthopedic surgeon. The Plaintiff refused to attend. In court, the defense argued it required the plaintiff to attend the appointment because it was necessary to obtain medical opinions from an orthopedic surgeon that could not have been obtained from a neurologist. The plaintiff argued that the neurologist had already given an opinion on all disputed issues and another expert was unnecessary.
The court accepted the Plaintiff’s argument. After quoting extensively from Dr. Moll’s report, the court dismissed the application. The Plaintiff did not have to attend another defense medical examination.