Court gives OK to discovery in case involving fibromyalgia claim

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky Sherman Casciari Reynolds P.C. — on the web at debofsky.com. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage issues. He can be reached at mdebofsky@debofsky.com

Posted April 15, 2021 11:27 AM

One of the most challenging aspects of litigating cases under ERISA is that unlike other civil cases, in ERISA litigation courts usually disallow discovery. The ostensible reason for denying discovery is that in many instances, the case is being resolved based on a review of a record.But it is puzzling as to how courts believe they can resolve diametric conflicts in the evidence by reading complex medical records and reports without permitting discovery or cross-examination that could expose deficiencies in the evidence …

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