Mero

Introduction

Plaintiff Maureen Mero appeals from a summary judgment in favor of defendant Armin Sadoff, M.D.

Statement of Facts

The following facts are undisputed: On November 14, 1989, plaintiff injured her back while at work for Shell Oil Company (Shell). She filed a claim for workers’ compensation benefits from Shell. At the time, Shell was self-insured.

In her claim, plaintiff complained of orthopedic injury, including back pain. In the workers’ compensation action, Shell requested that plaintiff submit to an examination by defendant concerning her complaints of orthopedic injury; plaintiff agreed to do so.

Defendant had been retained by Shell’s defense counsel, Mullen & Filippi, to perform a physical examination of plaintiff, to take and interpret X-rays, review medical records, and utilize testing devices in order to evaluate plaintiff’s status for Shell. Defendant examined plaintiff on October 18, 1990. Defendant was not plaintiff’s personal physician or orthopedist, and plaintiff did not pay for the examination. Defendant did not offer plaintiff any medical advice or a medical opinion. Plaintiff submitted to the examination only because Shell requested that…