Claim of Stoudenmyre v. Loretto Rest Nursing Home

Appeal from a decision of the Workers’ Compensation Board, filed July 7, 2004, which denied claimant’s motion to preclude an independent medical examination report.

Claimant, a personal care aide, sustained an injury to her foot when a patient in an electric wheelchair ran into her. A Workers’ Compensation Law Judge (hereinafter WCLJ) established her claim for workers’ compensation benefits, made awards and closed the case pending claimant’s submission of a medical report regarding the permanency of the injury. Subsequently, the WCLJ requested that the workers’ compensation carrier obtain an…