Evidence: Preservation
Alberts
v. Transportation Insurance Co. [10/12/06] 2006 MTWCC 34
Where Petitioner’s treating physician has opined that the only
way he can diagnose the cause of Petitioner’s Thoracic Outlet
Syndrome is by observing the area during surgery, Respondent may have
a physician observe the procedure as this is the only opportunity for
it to observe the preoperative physical condition of Petitioner’s
shoulder and its rights will be prejudiced if it is unable to obtain
this evidence. |