What if the authorized doctor and an IME have different opinions?

In this instance, if the judge agrees that the opinions are different, the judge will appoint a tie-breaking doctor as his/her expert, who is called an Expert Medical Advisor (“EMA”). This doctor’s opinion, essentially, becomes the judge’s opinion as the EMA’s opinion is presumed correct. However, this is a rebuttable presumption, meaning you can overcome it; but, in my experience, the chance of that happening is slim-to-none.

Please follow and like us:
Pin Share
Please follow and like us:
Pin Share

In this instance, if the judge agrees that the opinions are different, the judge will appoint a tie-breaking doctor as his/her expert, who is called an Expert Medical Advisor (“EMA”). This doctor’s opinion, essentially, becomes the judge’s opinion as the EMA’s opinion is presumed correct. However, this is a rebuttable presumption, meaning you can overcome it; but, in my experience, the chance of that happening is slim-to-none.