Medical Expert Testimony Does Not Require Physical Exam

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In Doctor's testimony on full recovery doesn't require physical exam, Risk & Insurance.com writes:

In Pennsylvania, a medical expert's opinion that a worker has fully recovered can be based on sufficient evidence even if the expert has not personally physical examined the worker.

Case name: Stancell v. Workers' Compensation Appeal Board (LKI Group, LLC), No. 1901 C.D. 2009 (Pa. Commw. Ct. 03/10/10).

Ruling: The Pennsylvania Commonwealth Court affirmed the grant of the employer's termination petition.

What it means: In Pennsylvania, an employer seeking to terminate benefits has the burden of presenting competent medical testimony that the worker has fully recovered. A medical expert's opinion that a worker has fully recovered can be based on sufficient evidence even if the expert has not personally physical examined the worker.

For more, see risk&insurance.com.


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