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Cross-Examination of the Plaintiff's Worker's Compensation Expert By Frank Scahill

April 7, 2016
By: Frank Scahill

In the case of

    Jose Rivera v. Lloyd Lampell

(Index No:16240/13), the Plaintiff videotaped the testimony of an orthopedic surgeon, Dr. Paul Kleinman, which was shown to the jury at trial. Ordinarily you would think the testimony of an independent Doctor who determines the Plaintiff is totally disabled from all activities is beneficial to the Plaintiff. What can defense counsel do in this situation? A transcript from Dr. Kleinman's videotaped testimony is attached. We were able to show on cross-examination all the points that are usually made against the Defendant's Independent Medical Examination expert. Namely, the brevity of the examination; the lack of prior records; prior diagnostic tests; and the failure to review all pertinent medical records. The Plaintiff's failure to disclose prior accidents and prior injuries deflated this physician's opinion on causation. His claim of total disability for the Plaintiff and his inability to stand or sit for more than an hour, was in direct contrast to the Plaintiff's position on a hard wooden bench in the Courtroom for five days. Overall, the effectiveness of this witness was poor. Read the transcript here.

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