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MEDICAL “PHYSICIANS” - MEANING UNDER SEC. 287.210

In Kauffman v Tri-State Motors, 28 S.W.3d 369 (Mo.App. S.D.), 8/17/00, Court excluded a letter from a treating doctor to the claimant’s attorney on the issue of causation as an admissible business record. Claimant’s widow sought death benefits for an alleged work related leukemia from exposure to radiation and attempted to introduce a letter from a treating doctor to the claimant’s attorney on the issue of causation.

In State of Missouri ex rel Kerns v Cain, 88 S.W.3d 212 (Mo.App. W.D. 1999), a writ of prohibition was sustained reversing an ALJ’s order ordering a claimant to undergo an examination by a neuropsychologist, who was not a licensed physician. The statute is limited to “medical examinations only.”

In State ex rel Lakeman v Siedlik, 872 S.W.2d 503 (Mo.App. 1994), neither the Second Injury Fund (SIF) or the employer were entitled to an examination by a non-medical vocational rehabilitation expert. Also, the SIF is not one of the parties that can request a medical examination of the claimant. The language of the W/C statute presently does not provide for a medical examination for the SIF or for rehab examinations by either the Employer or the SIF, because those types of specialties are not enumerated in the statute.

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