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GOOD CAUSE FOR IME ESTABLISHED  THE INDEPENDENT MEDICAL EXAMINATION AS A TOOL TO DEFEAT FRAUD  

In Costa Rwagasore v. Grange Property & Casualty Insurance Co., No.  2022-CA-0413-MR, Court of Appeals of Kentucky (January 27, 2023) the  insurer sought an Independent Medical Examination (IME) of the claimant,  Rwagasore and the claimant claimed there was no good cause for an IME.  FACTS  After the insurer sought a medical examination of the claimant. 

Costa  Rwagasore appealed from an order of the Jefferson Circuit Court granting  the petition of Grange Property and Casualty Insurance Company (Grange)  to appear for a medical examination by a physician of its choice as a  part of its investigation of Rwagasore\'s insurance claim. Rwagasore  argued that Grange failed to present evidence showing "good cause" in  support of its petition as required by the provisions of Kentucky\'s  Motor Vehicle Reparations Act (MVRA), KRS 304.39-010 et seq. KRS  304.39-270(1).  On October 19, 2020, Rwagasore was driving in Louisville. While he was  stopped at a traffic signal, his vehicle was rear-ended by a vehicle  that immediately fled the scene. 

The accident report prepared by an  officer of the Jeffersontown Police Department indicated: "no injuries,  no pictures taken, and no vehicles were towed."  Eleven days later, Rwagasore sought treatment at a medical clinic. He  complained of pain in his back, chest, neck, shoulder, left knee, right  leg, and right foot. Ultimately, Rwagasore received extensive medical  care and treatment from numerous medical providers.  Upon evaluating the claim, Grange suspected that the injuries allegedly  sustained were not caused by the motor vehicle accident. After it  received the results of the peer review of the records, Grange requested  that the court order Rwagasore to appear for a medical examination.  Grange argued that Rwagasore put his physical condition at issue and  that a real dispute surrounded whether the allegedly significant  injuries arose from the minor motor vehicle accident.  It observed that Rwagasore had an extensive medical history of  pre-existing issues with his right knee; that he had been involved in  four prior motor vehicle accidents in a short span of time.  Following a hearing, the trial court found that Grange had demonstrated  good cause to warrant a physical examination pursuant to the statute and  ordered the examination.  

THE APPEAL  DISCUSSION