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"That's the game, baby" - Workers Compensation Insurance Company Expert Witness Explaining Testimony

The New York Times has been running a series on the workers compensation system in New York state. The April 1 edition focused on the role of so-called "independent medical examiners," who are doctors hired by workers compensation insurance companies to examine injured workers, "A World of Hurt: Exams of Injured Workers Fuel Mutual Mistrust." One "independent medical examiner" explained the differences in his report that the claimant was not injured and his videotaped remarks to the contrary while he was actually examining the man:

“If you did a truly pure report,” he said later in an interview, “you’d be out on your ears and the insurers wouldn’t pay for it. You have to give them what they want, or you’re in Florida. That’s the game, baby.”


Fraudulent medical opinions that cause denial of valid workers compensation claims were part of the focus of a case decided last year, Brown v. Cassens Transport. That case ruled that injured workers denied workers compensation benefits by fraudulent medical opinions may sue for money damages under the federal racketeering law RICO. Robert L. Abell wrote an article for the Kentucky Justice Association's publication, The Advocate, earlier this year, "Injured Workers May Pursue Civil RICO Claim Based On Enterprise To Deny Them Workers' Compensation Benefits."