Michael A. Lehner defeats plaintiff's attempt to impose conditions on an IME in the Oregon Supreme Court
On March 7, 2013, the Oregon Supreme Court decided the plaintiff's Petition for Writ of Mandamus in Lindell v. Kalugin and Countryside Construction. Michael A. Lehner had successfully argued against the imposition of certain conditions on the Independent Medical Examination ("IME") of plaintiff. Lehner introduced evidence that the plaintiff's requests to have an observer present and to record the examination would interfere with the neuropsychological evaluation (the plaintiff claims a variety of injuries, including brain injuries and PTSD). The pro tem trial judge agreed that the conditions were unnecessary. In an en banc opinion, the Supreme Court upheld the trial court's ruling as reasonable and supported. Central to the Court's opinion was the express ruling that a party seeking to impose conditions on an IME has the burden to demonstrate why the conditions are necessary.