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Montana court orders second medical exam in disputed jaw injury claim - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Montana court orders second medical exam in disputed jaw injury claim by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Sep 11, 2026 A Montana workers compensation judge on Tuesday ordered an injured worker to attend a second independent medical examination, finding that additional treatment and an evolving dispute over her jaw condition justified an evaluation by a specialist. Ms. Jordan sustained an accepted cervical strain in an August 2023 workplace fall. Her claim was closed days later, then reopened after she reported jaw problems she attributed to the same accident, according to the ruling, according to Madison Jordan v. XL Specialty Ins. Co., filed in the Montana Workers’ Compensation Court, which granted XL Specialty’s motion to compel the examination over the dispute. An orthopedic surgeon who conducted an independent medical examination in April 2024 concluded that her neck strain was work-related but her jaw pain was not. He noted that she had not reported jaw pain during her first two medical visits after the fall. XL Specialty sought a second examination with a specialist in temporomandibular joint conditions after Ms. Jordan underwent additional treatment and evaluation. She objected, arguing that another examination would be duplicative, was prompted by litigation and lacked “good cause.” Judge Lee Bruner rejected that argument, citing Montana Supreme Court decisions holding that the good-cause requirement applicable to medical examinations in ordinary civil litigation does not govern examinations under the state’s workers compensation statute. Instead, an examination must be relevant to the claim and appropriate to its handling, the court said. Both requirements were met because the cause of Ms. Jordan’s jaw condition was central to the dispute, and the proposed examiner had specialized qualifications the original examiner lacked. The court also pointed to two years of additional treatment that generated diagnoses and findings not addressed in the first examination, including chronic degenerative joint disease and obstructive sleep apnea. Ms. Jordan must attend the rescheduled examination at a time and location consistent with statutory requirements concerning her convenience, physical condition and ability to attend. 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