Burton v. Industrial Commission
In Burton v. Industrial Commission, 166 Ariz. 238, 242, 801 P.2d 473, 477 (App. 1990), the Court ruled that a claimant was entitled to use a tape recorder during an IME.
The court explained that allowing the use of a tape recorder was a reasonable alternative to paying a physician to be present -- statutorily authorized by 23-1026(B) -- which would be "unduly burdensome to many claimants." Id. at 242, 801 P.2d at 477.
The use of a tape recorder does not turn the examination into an adversarial proceeding because a recorder "operates silently, asks no questions, and merely records any audible sounds." Id.