Willitzer v. McCloud

The issue presented here is whether an independent physician examining workers’ compensation claimants, at the request of the Industrial Commission for the purpose of reporting their medical conditions, is absolutely immune from a civil suit based on his examinations.

In arguing for absolute immunity from civil suit, Dr. McCloud claims that his function of examining the claimants and filing medical reports is that of a witness furnishing testimony at an adjudicatory proceeding and as a quasi-judicial officer. We disagree.

It is a well-established rule that judges, counsel, parties, and…