Our partner Steven Wyder recently won a finding of no further disability after getting the claimant’s doctor to admit that our client’s consulting doctor had a more informed opinion. On questioning during a deposition, Steve pointed out that our client’s consulting doctor had reviewed medical reports about the claimant’s prior injuries and conditions and reached the conclusion that there was no further disability from the compensation case. On Steve’s further questioning, the treating doctor was constrained to defer to the consulting doctor as he had not reviewed records of the claimant’s prior treatment.

Steve reports the judge’s finding of no further disability is unlikely to be successfully appealed as the consulting doctor’s opinion is not contradicted in the case record. Steve’s win highlights both the results of skillful cross-examination and the need to search for records of prior treatment in compensation cases.

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