Can Empolyee's Doctor Testify Even Though No Medical Report Was Tendered to the Employer ?
In Homebrite Ace Hardware v. Industrial Comm'n, 351 Ill. App. 3d 333, 814 N.E.2d 126, 286 Ill. Dec. 477 (2004), the Court found that the employee's doctor could testify as to causation of the employee's neck injury, even though no medical report was tendered to the employer notifying the employer that the doctor would testify about the issue.
The Court pointed out that in Ghere v. Industrial Comm'n, 278 Ill. App. 3d 840, 663 N.E.2d 1046, 215 Ill. Dec. 532 (1996), the doctor had never treated the employee's heart condition, whereas in Homebrite, the doctor did treat the employee for his neck problems, and the doctor's records contained details about such treatment and the employee's neck complaints.
Accordingly, the records put the employer on notice that the doctor might testify as to a causal relationship between the neck condition and the employee's work accident. Homebrite, 351 Ill. App. 3d at 339, 814 N.E.2d at 132.