Kelley Kronenberg Secures Dismissal After Claimant Defies Court Order
Kelley Kronenberg Partner/Business Unit Leader Elizabeth Yohe secured dismissal of a pending petition for benefits in a workers’ compensation matter before Judge of Compensation Claims Ralph Humphries, on behalf of the employer/carrier resulting in cancellation of Mediation and the Final Merit Hearing.
Elizabeth had been attempting to depose the claimant for several months. Despite repeated efforts to coordinate the deposition, the claimant’s attorney failed to produce the claimant and, less than three hours before the most recently scheduled deposition, advised that he had been unable to reach his client. Claimant’s counsel also failed to respond to discovery requests.
On June 18, 2026, the JCC granted Elizabeth’s motion to compel the claimant’s attendance at deposition, noting the claimant and his counsel were wasting the resources of the Court and defense counsel. The order required the claimant’s attorney to comply by selecting a date to produce the claimant for deposition in line with the employer/carrier’s right to discovery and to investigate the claim for its defenses.
Claimant’s counsel did not respond to the Order or comply with its terms. Elizabeth thus filed a motion to dismiss on June 22, 2026. The JCC found that the claimant and his attorney had knowingly refused or failed to comply with a lawful order of the Court and dismissed the petition for benefits. All further proceedings, including mediation and the final hearing were canceled. The Court reserved jurisdiction on entitlement to attorney’s fees and costs owed to the employer/carrier and defense counsel.
The defenses raised by Elizabeth leading to the dismissal not only preserved the due process rights and defenses of the employer/carrier but saved an enormous amount of its time and resources.
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