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Abuse 3: Flouted Discovery
In Project: Brainiacs

This is the third in a series on Abuse of Discretion, studying what it means when judges do bad things. Abuse of Discretion in boatloads could indicate there was not a fair hearing provided, which is a reason to set aside the so-called "Findings of Fact."

Flouted discovery is when a party fails, refuses or neglects to respect normal discovery obligations already defined in law, or a judge's order in discovery, such as the release of a claimant's personnel file.  Colorado's filthy Office of Administrative Courts evidently considers it no big deal when insurance companies and employers refuse to comply with Judge Ronald Jaynes' discovery ORDER, as in Paula Rhoads Hook's worker's comp case. She found approximately 63 personnel file documents the defense never provided, despite her specific requests for these documents and a Judge ORDER to release them.

The operative sentence, it seems, is to complain to the Industrial Claims Appeals Office that this wanton discovery flouting was not harmless.

Caselaw is reviewed, so this is a very boring episode, unless you like that sort of thing.

Published: 1/16/2015 0 Comments
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Producer: prhoads
Locally Produced: Local Production
Theme: Community Issues and Advocacy
In Project: Brainiacs
License: Attribution-NonCommercial-ShareAlike 3.0 Generic
Rating: TV-G
Language: English