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Hafner v. Beck11/9/1995
PELANDER, Judge.
This case presents an issue of first impression in Arizona: whether a health care provider who performs an independent medical examination (IME) on a workers' compensation claimant at the carrier's request can be liable to the claimant for negligently performing the exam or reporting the results to the carrier. Concluding that liability could not attach, the trial court granted summary judgment for defendant/appellee John Beck, Ph.D. Plaintiff Sara Hafner appeals from the adverse summary judgment, and for the reasons stated below, we affirm.
FACTS AND PROCEDURAL BACKGROUND
After being injured in the course and scope of her employment, Hafner filed a workers' compensation claim, alleging physical and psychological injury . Beck conducted an independent psychological examination of Hafner at the request of her employer's workers' compensation carrier, the State Compensation Fund (Fund). Contrary to the opinions of Hafner's treating psychologist, Robert Crago, Ph.D., Beck concluded from his exam, and reported to the Fund, that she required no further psychological treatment and had no psychological impairment related to her industrial accident. Relying on Beck's report, the Fund ceased providing temporary compensation benefits and ongoing psychotherapy treatment for several months, allegedly causing not only an interim loss of those benefits but also additional consequential damages.
In her complaint, Hafner alleged that Beck knew or should have known that the Fund would rely on his opinions, that in performing the IME, he failed to use the proper degree of care, and that he "negligently reported incorrect information" about her to the Fund. Hafner's opposition to Beck's motion for summary judgment included an affidavit from Dr. Crago, in which Crago posited the various professional and ethical duties of psychologists. Hafner contended that Beck's IME "was negligently performed and fell below the standard of care for psychologists;" the results he reported to the Fund "were false, misleading, incorrect and unreliable;" he "administered a battery of psychological tests under circumstances which were generally unacceptable; he used experimental, invalidated or inadequately validated testing protocols; he reported data from tests not administered; he failed to obtain appropriate informed consent with respect to the administration of the protocols; and he performed an inadequate interview."
In granting summary judgment for Beck, the trial court concluded that any duty Beck had in evaluating Hafner was owed to the Fund, which hired him, and that he owed no duty to Hafner because no doctor/patient relationship existed between them. This appeal followed.
STANDARD OF REVIEW
On appeal from a summary judgment we must determine de novo whether there are any genuine issues of material fact and whether the trial court erred in applying the law. United Bank v. Allyn, 167 Ariz. 191, 805 P.2d 1012 (App. 1990). We view the evidence in a light most favorable to the party against whom summary judgment was entered, and give all favorable inferences fairly arising from the evidence to that party. Angus Medical Co. v. Digital Equip. Corp., 173 Ariz. 159, 840 P.2d 1024 (App. 1992). "Questions of law decided by the trial court are reviewed de novo." Aldabbagh v. Arizona Dept. of Liquor Licenses & Control, 162 Ariz. 415, 418, 783 P.2d 1207, 1210 (App. 1989).
Discussion
Hafner contends that, as a matter of law, Beck owed her a duty of reasonable care in performing the IME and acc
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