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.