The applicant suffered an accepted specific injury claim based on the laceration. Applicant hired an attorney to pursue litigation. The client had engaged our office to either resolve the case for a nominal sum or push forward with discovery to resolve all outstanding issues.
In the process of litigating the claim, the applicant failed to cooperate in the discovery process. Rather than move forward with the applicant’s deposition, our office pushed for a Panel in orthopedics. After the applicant failed to attend the Panel in orthopedics, defense counsel filed a Petition to Compel. The Order was granted, and the applicant failed to attend the subsequent Panel evaluation. This was despite applicant attorney’s objection to said Petition.
Rather than continue with any additional discovery and/or allow applicant attorney to continue to litigate the claim, our office set the matter for an MSC and then eventually Trial.
At Trial, our office pushed for a take-nothing finding based on a primary treating physician report that indicated that the applicant had no permanent disability and no future medical care was indicated.
Our office pushed to expedite resolution of the claim rather than allow applicant counsel to keep the file open and press for a settlement that may have never materialized
To view a copy of the Findings, please click here.