ENRIQUE J. CORRETJER, Plaintiff,
v.
PRINCIPAL LIFE INSURANCE CO., Defendant.
No. 0032
Doc. 215
Nebraska Workers Compensation
January 20, 2016
ORDER SUSTAINING DEFENDANT'S MOTION FOR
SANCTIONS
John
R. Hoffert, Judge
This
matter is before the Court upon defendant's Motion for
Sanctions. Counsel for the parties appeared by telephone.
The
present motion was scheduled to be heard along with two other
motions. The defendant filed a Motion [To] Compel Medical
Examination. The plaintiff, in turn, has filed a Motion to
Continue defendant's aforementioned Motion to Compel. In
light of the Court's conclusions and ruling on the
defendant's Motion for Sanctions, the two motions
referenced above are moot and need not be addressed.
In
support of its Motion for Sanctions, the defendant has
offered Exhibits 10 through 18. The plaintiff voiced no
objections to the receipt of the tendered materials.
Consequently, defendant's Exhibits 10 through 18 were
received into evidence.
The
plaintiff, in turn, offered Exhibits 1 and 7 through 9 into
evidence. The defendant, likewise, offered no objections.
Therefore, plaintiff's Exhibits 1 and 7 through 9 were
received as well.
Argument
was presented. The Court having had the benefit of same;
having reviewed the exhibits received into evidence; and,
being otherwise fully advised in the premises, finds as
follows.
By way
of background and for the benefit of the reader as well as
any appellate reviewing body, the present action was
commenced by the plaintiff on January 9, 2015, or one year
prior to the present hearing. The date of plaintiff's
alleged accident is claimed as February 25, 2014. The alleged
injury is described as "epileptic seizures as a result
of external stimuli occurring while in the course of his
employment with the defendant." (P 2 of plaintiff's
1 st Amended Petition).
The
defendant has attempted without success to have the plaintiff
examined by a medical expert(s) of its choosing as allowed by
applicable statutory and rules of discovery. After the
plaintiff failed...
