Kirk v. AndersonAnnotate this Case
The Supreme Court affirmed the judgment of the district court granting Defendants' motion to dismiss this complaint alleging negligence and reckless conduct against a physician who performed an independent medical examination (IME) on Plaintiff, holding that even if the physician's IME report constituted an affirmative act with foreseeable harms, he was not liable for Plaintiff's injuries resulting from a delay in workers' compensation proceedings.
Plaintiff was injured during the course and scope of his employment. Plaintiff made a claim for workers' compensation benefits, and the claim was coordinated by Broadspire Services, Inc. Broadspire arranged for Dr. Mark Anderson to perform an IME of Defendant's injuries. Anderson concluded that the accident caused Plaintiff to suffer a transient cervical strain and that Plaintiff's remaining symptoms were secondary to pre-existing conditions. Consequently, Broadspire denied Plaintiff various forms of workers' compensation benefits. Three years later, the Utah Labor Condition determined that the accident created additional injuries and ordered that Plaintiff's employer pay historical medical expenses. Plaintiff filed this complaint alleging negligence and reckless conduct against Anderson and vicarious liability against Broadspire. The district court dismissed the complaint. The Supreme Court affirmed, holding that policy considerations favor no duty owed by an expert whose professional opinion causes a delay in legal proceedings.