What is the name of your state (only U.S. law)? N. Caolina
Had a hearing w/ the NCIC last year regarding a worker's comp claim, the defense AT's post hearing opinion contained an arguement based on the requirement that an injured worker must give written notice of injury etc...
The problem I have with this is that at no time during the hearing did the defense AT question the plaintif or defense wittnesses (employer) if this notice had been given. Is it a common practice that a post hearing opinion contain ANY issue that had not been "discovered" or "questioned" at any time prior or during that hearing?
Had a hearing w/ the NCIC last year regarding a worker's comp claim, the defense AT's post hearing opinion contained an arguement based on the requirement that an injured worker must give written notice of injury etc...
The problem I have with this is that at no time during the hearing did the defense AT question the plaintif or defense wittnesses (employer) if this notice had been given. Is it a common practice that a post hearing opinion contain ANY issue that had not been "discovered" or "questioned" at any time prior or during that hearing?