Usually when is Independent Medical Examination/Physical examination requested by Defendant waived? Thank you.

The preliminary / compliance conference order usually sets forth a date by which the defendant is supposed to conduct a physical examination (IME).  If the defendant fails to conduct the examination by such date, technically they've waived it.  The Courts, however, are loathe to enforce this rule, especially if the case is not yet on the trial calendar.  Defendants often get multiple opportunities in which to "comply" with the deadline, especially if there's any discovery outstanding on your part which may have prevented them from conducting the examination, e.g. missing authorizations or medical records, etc.  Only if the case is on the trial calendar, the defendant has failed to designate a physician for a physical examination and more than 20 days have elapsed since the case was placed on the trial calendar (the deadline by which to vacate the Note of Issue) will a "waiver" argument have any chance of prevailing. Hope this helps. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com