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Court of Appeals Finds Employer’s IME Report Admissible at Trial as Admission

In Szulinski v. Kellison & Co,. 2014-Ohio-111, the employer’s IME report found the claimant’s medical conditions were caused by the alleged workplace incident.  During a bench trial, the claimant moved to admit the IME report.  The trial court found the IME company, which had retained the IME physician, was an agent of the company, and thus the report, which supported the allowance of the claim was an admission of the employer.  The court of appeals for the 8th District upheld the trial court’s decision.  Although this case is not controlling case law for Ohio’s courts of appeals, it is an important case because it may impact the manner in which employer’s obtain expert opinions and the admissibility of unfavorable reports at trial. Read the full decision here.

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