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An independent medical exam is for more than “garden-variety” emotional distress damages
17/02/2022
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Medical exam
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August W Heckman III is a partner at Morgan Lewis
August W Heckman III is a partner at Morgan Lewis
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Carlyle Edwards-Balfour
Carlyle W Edwards-Balfour is an associate at Morgan Lewis

Often, when a plaintiff sues an employer or former employer, they seek emotional distress damages in addition to other damages. Many states allow for emotional distress damages even if the plaintiff has not sought specific treatment or a diagnosis from a healthcare provider. Evidence of such damages is normally presented through a plaintiff’s testimony and is commonly referred to as “garden-variety” emotional distress.