Outside Publication

An Independent Medical Exam Is for More Than “Garden-Variety" Emotional Distress Damages, International Employment Lawyer

February 17, 2022

In an International Employment Lawyer column, partner August Heckman and associate Carlyle Edwards-Balfour write about the use of independent medical examinations (IMEs). While “garden variety” emotional distress can be presented through a plaintiff’s testimony without treatment or a diagnosis from a doctor, an IME “is appropriate where a party claiming emotional distress damages has put his or her mental or physical condition ‘in controversy,’” August and Carlyle write, adding that “determining when an IME is appropriately compelled in defending claims of emotional distress is ultimately up to the court interpreting the Federal Rules of Civil Procedure (FRCPs) and related case law.”

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