The defendant brought a motion seeking leave to compel the plaintiff to attend an independent medical examination and an extension of time to serve the resulting expert report, which would necessitate adjourning the impending trial.
The plaintiff opposed the motion, arguing the request was unjustifiably late and would cause non-compensable prejudice due to statutory deductibles.
The court found the defendant failed to adequately explain the delay in scheduling the assessment and that granting the extension would unfairly prejudice the plaintiff.
The motion for an extension of time and to compel the examination was dismissed.
