Popelka v. Barry, Bette & Led Duke, Inc.

OPINION OF THE COURT

Lawrence E. Kahn, J.

This case presents the issue of whether a plaintiff in a *635personal injury action claiming permanent employment disability can be compelled to submit to an interview by the defendant’s retained expert, a certified rehabilitation and vocational counselor.

Plaintiff James Popelka sustained personal injuries as a result of an incident that occurred on September 9, 1988, when he fell from a scaffold located upon property owned by Northside Partnership (Northside). Northside had previously entered into an agreement with Barry, Bette and Led Duke, Inc. (Led…