September 18, 2025
ShareKelley Kronenberg Secures Dismissal of Workers’ Compensation Claims Through Discovery Sanctions
Kelley Kronenberg Partner/Business Unit Leader Elizabeth Yohe secured a complete dismissal of workers’ compensation claims for BG Stucco Corp. and Accredited Surety & Casualty Company in West Palm Beach, eliminating approximately $65,000.00 in exposure just weeks before trial.
The case involved a 29-year-old construction worker who was injured when scaffolding broke, causing him to fall and sustain injuries to his chest, right shoulder, and right elbow. The claimant sought extensive benefits including lost wages, medical care, diagnostic testing, transportation, translation services, hospital and doctor bills, plus penalties, interest, costs, and attorney fees.
With trial scheduled for October 16, 2025, Elizabeth identified critical gaps in the claimant’s compliance with discovery requirements. She filed a strategic motion to compel, seeking court-ordered production of necessary documentation and information from the claimant.
When Judge Gregory J. Johnsen granted the motion to compel, the claimant was legally obligated to comply with the Court’s discovery order. However, despite having a clear directive from the Court, the claimant willfully refused to respond and provide the requested materials.
Elizabeth immediately recognized this violation and filed a motion requesting dismissal of all pending claims. She argued that the claimant’s willful disobedience of the Court order warranted a dismissal of all pending claims, which was set for trial in a few short weeks.
Judge Johnsen agreed and dismissed the pending petition entirely, finding that the claimant’s willful refusal to comply with the Court’s discovery order justified this severe consequence.
This outcome not only eliminated the employer and carrier’s substantial financial exposure but also avoided the uncertainty, expense, and time commitment of a workers’ compensation trial. The dismissal demonstrates the critical importance of aggressive discovery enforcement in workers’ compensation defense and shows how procedural violations can provide an efficient and effective resolution avoiding trial.
For employers and carriers, this victory reinforces that Florida courts will enforce discovery obligations strictly, and that strategic motion practice can achieve favorable outcomes when claimants fail to comply with procedural requirements and Orders issued by the Court.