Motion For Absentee Testimony

Comes now Plaintiff, by and through his attorney, D.J. Banovitz, Esq. and hereby moves the court pursuant to C.R.C.P. 43(i)(1) to take the telephone testimony at trial of Fran Woods and states as follows:

C.R.C.P. 121 Certification

Plaintiff has conferred with Defendants who do not object to the taking of the telephone testimony of Fran Woods.

1. Ms. Woods is the claims representative of Hartford Insurance which paid worker compensation benefits and provided services to Plaintiff in connection with the April 14, 2005 incident.

 

1. Plaintiff requested Defendants’ stipulate to the admission of medical payment and indemnity logs of workers compensation benefits. These logs and the payments therein are the basis of Plaintiff’s economic loss claims for which Hartford Insurance has a subrogation lien.

 

1. Defendants has indicated that they may to stipulate to the admission of the medical payment log depending on the outcome of Plaintiff’s Motion in Limine regarding amounts billed versus amounts paid.

 

1. Ms. Woods contact is located in Houston Texas and has the following contact information: Hartford Insurance, P.O. Box 4626, Houston, TX 77210, (877) 889-9222.

 

1. Ms. Woods will testify with regard to the above and explain how and why benefits were calculated and with respect to medical treatment, that medical bills and records were reviewed, and an independent medical exam conducted to ensure that benefits paid and treatment rendered were reasonable and necessary.

 

1. Ms. Woods will refer to the medical payment logs and the indemnity logs, attached hereto and incorporated by reference as Exhibits 48 part 1 and 2 and exhibit 49 respectively.

 

WHEREFORE, Plaintiff respectfully requests the court to allow the absentee testimony of Harford Insurance workers compensation claims representative Fran Woods by means of telephone.