Plaintiff ordered to submit to medical examination in injury suit

David Yates Jan. 26, 2011, 7:14am

A local judge has ordered plaintiff Daniel Bingham, who sued Streamline Production Systems after a line heater exploded near him, to submit to a medical examination.

Bingham filed his lawsuit Sept. 3, 2009, in Jefferson County District Court.

He claims he was working for Milestone Operating on Sept. 30, 2008, and instructed to work near a line heater when it exploded, severely injuring him, court papers say.

To verify his injuries, Streamline Production filed a motion to compel examination, which was granted by Judge Bob Wortham, 58th District Court, on Jan. 11.

Judge Wortham ordered a physician of Streamline Production's choosing perform an independent medical examination of Bingham, court records show.

Because of the incident, Bingham claims he incurred medical costs, experienced physical pain, suffering and mental anguish, lost earnings and sustained physical impairment.

Bingham has received workers' compensation benefits, but says if he wins the lawsuit it will benefit his workers' compensation provider.

"In fact had this suit not been brought, the insurance carrier would surely have lost any right to recover any of its funds expended upon Plaintiff herein," the suit states.

B. Adam Terrell of Weller, Green, Toups and Terrell in Beaumont and Lindsey B. Whisenhant of Woodville represent him.

Ross Jones, attorney for the Beaumont law firm Lewis, Brisbois, Bisgaard & Smith, represents streamline Production.

Case No. A184-836

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