Refusal to Submit to Respondent’s Medical Exam

In Jane Bailey v. Greater Hartford Community College, the CRB recently decided (October 5, 2011) that where a claimant had repeatedly failed to respond to discovery requests and to appear for an respondent’s medical exam, that the Trial Commissioner’s dismissal of her case was appropriate. The CRB had heard a version of this case four years earlier when the Trial Commissioner had dismissed the claim based on the claimant’s failure to appear for a respondent’s medical exam. The CRB gave the claimant another chance by finding that the more appropriate remedy would be to suspend her benefits, effectively giving her another opportunity to submit to the respondent’s medical exam. However, the CRB had clearly cautioned that in the event that the claimant continued to obstruct the discovery requests that the respondents had made, the respondents could renew their motion to dismiss the claim.

The case was remanded, but the claimant continued to refuse to respond to written interrogatories or to undergo an examination by the respondent’s expert. As a consequence, the Trial Commissioner dismissed the claim and the CRB upheld the dismissal.

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