Beardslee v. Diamond Wood Products

Although I agree that, by definition, claimant’s injury cannot fit within the “consequence of a compensable injury” doctrine, I cannot agree that employer-mandated attendance at an Independent Medical Exam (IME) ‘ ‘bears no relation to the employment unless the condition for which it is sought is ultimately determined to be compensable.” 107 Or App at 227. Accordingly, I dissent.

I can find, and the majority cites, no authority for the unnecessarily broad determination that IME attendance can never be considered within the scope of employment unless the employee’s underlying injury is…