Richard S. Higgen’s Case

Richard S. Higgins filed a workers' compensation claim with the Department of Industrial Accidents ("department") after he injured his back while working for the school department of Maynard. At issue was whether employees, who were subject to examinations conducted pursuant to G.L.c. 152, section 45, were entitled to discovery and production of reports made in connection with such examinations. The court held that, in the context of the workers' compensation scheme, a report of a physician's examination of an employee procured by the employer or insurer under section 45, that was related to the employee's work-related injury, could be used by the employee to cross-examine the impartial physician, regardless of whether such a report had been admitted in evidence at a hearing or otherwise placed at issue by the employer or insurer.