Order regarding discovery in worker's compesation case # WCC 9608-7594 1997 MTWCC 2 with petitioner being ordered to compel discovery and requests to produce documents. Also time to obtain a medical exam has lapsed and the benefits will be terminated as soon a the ruling permits.
Travelers insurance has denied the claim and the attempt to overrule the court has failed in that the 20 days have elapsed for the service of interrogatories. Also the independent medical exam has not be submitted causing an entirely new delay in finding a ruling.
Attornies for the plaintiff have one last chance to refile the motion, otherwise the case will be dismissed in its entirety and without a trial de novo there will not be any hearing on matters of medical records and the INDEPENDENT MEDICAL EXAM has shown no proof of injuries on the job or during the course of employment.
Since this criteria has not been met the `claim will be dismissed and cannot be refiled for the statutory period at issue. No future filings will be allowed and order compelling discovery will be denied.
Obviously, the claim for temporary and total disability is not properly shown to be a work related injury and the STATE OF MONTANA will not pay benefits for unproven claims. Only if independent medical providers (licensed Physicians) will be able to document the disabilities.
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