In Rich v Suntrup Ford, Inc., Inj. No. 00-16268 (LIRC) 2002, LIRC made an explicit ruling that: “As a matter of law and policy, we find that IF THIS OR ANY ADMINISTRATIVE LAW JUDGE SEEKS TO ORDER AN IMPARTIAL EXAMINATION, the order must be strictly in accordance with the above-cited section. THIS INCLUDES PAYMENT FOR THE EXAMINATION BY THE DIVISION OF WORKERS’ COMPENSATION (absent unreasonable behavior by a party).
This is A LANDMARK DECISION, because ALJs had been ordering “independent medical evaluations” at the expense of the employer. Section 287.210(2) does not authorize them to order payment by the employer or any party. The parties can, however, voluntarily agree on a “neutral” doctor, the parties agreeing on how the cost of this examination will be shared.
In Shelton v Mo. Baptist Medical Center, 42 S.W.3d 700 (Mo.App. E.D. 2001), upon remand from the Court of Appeals, the Commission, held that the ALJ did not lack authority to dismiss claimant’s claim at the mediation setting. Claimant specifically knew her claim was in danger of being dismissed if she did not keep appointments, which she failed to do. Sections 287.650 and 287.655 do not limit an ALJ’s authority to dismiss claims.
In Schwartz v Shamrock Dairy Queen