Knechtel v. WCAB (Marriott Corporation)

In Knechtel v. Workers' Compensation Appeal Board (Marriott Corporation), 906 A.2d 669, 672 (Pa. Cmwlth. 2006), the claimant's employer requested she undergo an independent medical examination (IME) by a psychiatrist. Section 314(b) of the Workers' Compensation Act (Act) allows a claimant's treating physician to "participate in" an IME examination. The claimant argued that "participate in" meant allowing her treating physician to attend the evaluation; to question the IME physician; and to make comments. The Workers' Compensation Judge rejected this construction of "participate in," concluding that it meant that the claimant's treating physician could take notes and request brief recesses to confer with the claimant. The Board affirmed, and the claimant appealed to this Court.