Washtenaw County Judge Makes Significant Ruling That Farm Bureau Insurance Is Not Entitled to Non-Physician Independent Medical Evaluation Under No-Fault Law

Farm Bureau Insurance demanded that an injured accident victim attend a so-called independent medical evaluation with Christian Schutte, a psychologist to undergo neuropsychological testing. This office objected to the request arguing that non-physicians are not allowed to conduct such evaluations under MCL 500.3151. Judge Archie Brown agreed and writes:

"IT IS HEREBY ORDERED

• Defendant's Motion to Compel Plaintiff to Appear at an Independent Medical Examination with Dr. Christian Schutte, a psychologist is DENIED. Psychologists are not physicians and do not fall under MCL 500.3151."

The amendment of the No-Fault Law on June 11, 2019 included significant changes to MCL 500.3151 which governs a no-fault insurer's right to conduct so-called independent medical evaluations. The amendment limits evaluations to licensed physicians engaged in the clinical practice of medicine.

The No-Fault Act does not define "physician," but the Michigan Public Health Code provides the following definition: "an individual who is licensed or authorized under this article to engage in the practice of medicine." MCL 333.17001(1)(f). Similarly, the Michigan Mental Health Code defines "physician" as "an individual licensed or otherwise authorized to engage in the practice of medicine under part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or to engage in the practice of osteopathic medicine and surgery under part 175 of the public health code."

Under either definition, a physician is one who is licensed to practice medicine, either as a medical doctor or a doctor of osteopathy. Psychologists did not attend medical school and cannot practice medicine, whereas psychiatrists did attend medical school and are permitted to practice medicine.

The law of Michigan makes clear that psychologists are not physicians. The Michigan Court of Appeals held in the context of so-called "independent" evaluations by an adverse party: "As an initial matter, plaintiffs are correct that psychologists are not physicians." Sabbagh v Hamilton Psychological Services, PLC, 329 Mich App 324, 340 (2019).

This holding was based on the Michigan Supreme Court decision that recognized that psychologists are different from physicians. See People v Beckley, 434 Mich 691, 728 (1990); People v LaLone, 432 Mich 103, 109 (1989). It also follows Michigan statutes that recognize different statutory privileges for physicians and psychologists. See MCL 600.2157 (identifying physician-patient privilege) and MCL 333.18237 (identifying psychologist-patient privilege).

Michigan statutes are also clear that psychologists do not practice medicine. In fact, this concept is part of the very definition of the practice of psychology under the Michigan Public Health Code. As MCL 333.18201(b) states,

The practice of psychology shall not include the practice of medicine such as prescribing drugs, performing surgery, or administering electro-convulsive therapy. It is clear that psychologists do not practice medicine, thus they are not physicians, and therefore a no-fault insurance company has no right to request that they perform an examination of an injured person. The same conclusion would apply to nurse and occupational therapy evaluations requested by insurance companies.

Logeman, Iafrate & Logeman, P.C. in Ann Arbor is a leader in Michigan no-fault insurance law. Helping accident victims throughout Michigan for more than 45 years, we are dedicated to providing outstanding client service, and skilled legal advocacy in every case. If you have questions or need help with your injury claim, call our personal injury law firm and schedule a Free Consultation.