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Claimant has no standing to seek sanctions; did not suffer injury in fact related to deposition fee charged by employer’s medical expert.

October 1, 2019
Carole Streifthau v. Bayhealth Medical Center, (IAB Hearing No. 1432002 – decided Jul. 12, 2019)

The Board stated that the claimant failed to meet her burden of proving she had standing to bring the motion against the employer for a medical expert fee in excess of the amount permitted under the Practice Guidelines, which specifies that deposition testimony by a physician shall not exceed $2,000. The Board further pointed out that the claimant’s allegation that there was an injury in fact to her was disproven by the outcome in this case—the Board had not ultimately been persuaded by the testimony of the employer’s expert, but, rather, had ruled in favor of the claimant on the petition seeking surgical authorization and payment for medical expenses. Therefore, the Board ruled that, since the claimant had not suffered an injury in fact related to the deposition fee charged by the employer’s expert, she did not have standing to bring the motion seeking sanctions and it was being denied. 


Case Law Alerts, 4th Quarter, October 2019

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