Experience

A county agency was sued by a former employee alleging disability discrimination. Psychological evaluation explored possible exaggeration of symptom and alternate explanations for the symptoms and raised the issue of the plaintiff’s ownership and work at his private company.

Plaintiff brought suit against the company alleging wrongful termination and retaliation after he claimed medical disability subsequent to injuries. Analysis of the records reflected a long documented history of poor performance notices including two transfers in the previous year. It was also learned that he had a long medical history of changing his story about the injuries to different providers, and he failed to report a history of multiple concussion injuries (not consistently disclosed) as a result of previous athletic involvement.

Plaintiff brought a bad-faith suit against the insurance company on the basis of a psychologist’s report. The issues included standards of care in conducting the assessment, including appropriate testing and whether the conclusions were substantiated.