Plaintiff’s Third-Party Observers May Attend Defense Medical Examinations [DME]

A Defense Medical Examination [DME] is an adversarial proceeding. The NJ Supreme Court has ruled that a trial judge should review any objections made by the defense counsel to prohibit the attendance of a neutral third-party observer [TPO]. While the case arises from a personal injury claim, the Court’s ruling will have applicability to matters before the N.J. Division of Workers’ Compensation [NJDWC]. The NJDWC has not yet promulgated any rules concerning TPOs at DMEs.