The Complaint and the Response
8. The Applicant complained that Dr. D.:
• failed to conduct an adequate IME and failed to determine that she has a disability;
• failed to provide an adequate report resulting from her IME in that the report contained many inaccurate statements; and
• failed to administer his office practice in a proper manner in that on July 12, 2011, his elevator was out of service and the floor in his office was uneven, creating a tripping hazard for his patients.
9. The Applicant complained that Dr. V.:
• failed to provide an accurate report resulting from her IME in that he made an inaccurate diagnosis of her and made many inaccurate statements throughout his report; and
• behaved in an unprofessional manner in that he failed to respond to Sibley & Associates when she filed a complaint with them regarding his IME.
27. A preliminary issue that arose at the Review was whether, in determining whether the Committee’s decision is reasonable, the Board should consider documents submitted to the Board by the Applicant at the Review, including recent information related to the Applicant’s health. While the Board has no reason to question the veracity of the information contained in this documentation, it does question the relevance of the documents as to whether the Committee’s decision is reasonable in light of the information it had before it. As a rule, the Board cannot fault the Committee for failing to consider information that arose after its decision was rendered. One exception to this rule might be post-decision information suggesting bias or conflict of interest on the part of one or more Committee members, but the recent information proffered by the Applicant related to neither of these issues. For these reasons, the Board did not consider this “new” documentation in its deliberations.
48. The Board finds that given the scarcity of information regarding this matter, and the discrepancies concerning the dates, it was reasonable in the circumstances for the Committee to take no action regarding this aspect of the Applicant’s complaint.