Medical Records: Exchange

McFerran v. Consolidated Freightways [10/21/99] 1999 MTWCC 63 Trial setting vacated where parties did not comply with discovery deadlines and rules set out in WCC rules and orders. Claimant failed to provide copies of medical records of physician whose opinion he intended to introduce at trial, relying instead on assertion that exchange of copy of opinion letter was sufficient. When surprised by the opinion letter, respondent should have moved for an extension of deadlines set in the Scheduling Order, rather than proceed on the assumption new information produced in response to the opinion letter would be admissible though late. If objecting to late information, claimant should have noted that objection in the Pretrial Order. Litigation in the WCC is not a game of hide the ball. The rules and orders of the Court require full, fair, and early disclosure of information and evidence relevant to the case. Counsel who disregard deadlines and disclosure requirements do so at their peril.