When both Claimants and E/C’s are forced to litigate their disputes on the “rocket docket”–or 210 days from the date of Petition to trial–there has to be mutual cooperation between the parties to accommodate discovery. If there can be no cooperation, for whatever reason, it is the Judge of Compensation Claims duty to weigh the interests of a quick resolution versus due process.
In a recent case, the First DCA leaned towards due process, allowing a Claimant to present a doctor’s testimony whose deposition may have (or not) violated a discovery order. (more…)