Workers' Compensation Discussion Forums

State California
Injured while on duty, job related, medical only been approved thus far. No TTD benefits paid, Injury May of this year. Obtained lawyer in June he got me to a different dr disability status is Temporary Totally Disabled. 90 days will be up Aug 10th and was hoping after having to wait all this time without income that it would mean an acceptance and retroactive TTD benefits. I have not worked or been able/allowed to work since injury and no income. Now received letter from lawyer stating the employer/WC insurance company attorney want to deposition me. Deposition is on Aug 17th at my lawyer's office. So one does this mean I have been denied since the deposition is after the 90 day deadline, two does this mean longer without income or can an emergency hearing or something be arranged at that time to get some sort of TTD benefits and three I know what a deposition is but why have they waited until 90 days, they have all the information they need. I gave them and my lawyer everything that they asked for, and was even interviewed by one of their PI's so why the continued delay? The physician statement says work related injury and the MRI findings show herniated discs NOT showing chronic nature. I am still in pain, the new Orthopedic dr increased the dosages and added meds for nerve pain, I have not been evaluated for any FCE MMI/MME or whatever not rated they still have not accomplished anything with the conservative methods of treatment. I was even upfront about a resolved WC claim 15yrs ago. Different body part section but I was honest about it. So any ideas on why this is and what to expect with the rest of the process?

depositions generate legal fees so they are done routinely; it probably will have little to do with the 90 days decision.
I'm surprised your atty hasn't advised you to apply for State Disability Insurance. They will pay now and if workers comp decides to accept later they can get reimbursed.
go here to apply:
http://www.edd.ca.gov/Disability/DI_How_..._Claim.htm

Sorry I don't know about CA rules but I can tell you delay is the name of the game in WC. And like 1171 said this gets more legal fees. It seems nobody cares what the injuried worker is getting or how long you go without income. Sorry about your injury but hang in there. Be truthful with everything and it will work out in the end

thank you I will check into the State Disability option. So in other words this deposition thing is just another delay tactic?

thank you, I will try to keep a positive attitude but it is proving to be a very difficult task. I have nothing but the truth to tell it would gain me nothing to make up something. If anything I have been accused of being too honest. so hopefully I will triumph in the end. But why the system plays this game I will never understand.

Money, that is the reason they play these games. There is almost no penalty so the more time they waste the more they save. Like in my case I had a hearing in Nov of last year and won. This ruling came in Feb of this year. Now if the employer agreed then they would have paid all the past medical bills and my lost wages. They appeal so now they put off paying this money. The longer they don't pay me and the medical bills is just that much longer they hold onto that money. Plus they hope the longer we go without money the more we will want to settle for less in the end. It's a gamble but I'm guessing they must win this enought to be worth it. Like I said there is little to no penalty for them why not try it. If the law was written that made them pay like even 5% on the money they would stop. All this is just me thinking so take it for that. But trust me the laws are written for the employer and not us

received in the mail from the employer attorney a document regarding deposition. I am very confused as to what to do and of course my lawyer's office closed early on Friday. In this letter it states to bring all medical records related to this injury, any and all containers of medications related to this injury and containers of medications from the past two years? Plus a list of all physicians who have treated me in the last 10 yrs? I do not remember half of them. I thought my attorney had requested most of the medical record information. then it wants a list of all my employers in the last 10yrs and paystubs? well I do not have all my pay stubs from the last year I have moved around and most wages have been direct deposited. what if I cannot produce all of this information? why do I need to bring in my medicine bottles? and what does off calendar mean? I am very nervous now, not that I have anything to hide but I do not know if I can produce everything that they are asking for.

Anything you bring to your deposition can be used as evidence. You need to talk to your attorney on Monday and find out what he/she wants you to bring. My deposition letter said the same thing, and my attorney told me to just bring a list of meds I currently take, the doctors who prescribed them, my drivers license and social security card so they can make a copy, and that was it. Defense later supeoned my calendars and journals for the past 2 years, so I had to deliver them to be copied. Your attorney and defense has most of the information they are asking you for already. Here is a site on how to prepare for your deposition: http://www.kstlaw.com/Articles/preparati...sition.htm

thank you, it is amazing how humbled and belittled the work comp system can make you feel.

California:
If all goes well and I survive the deposition what usually happens after that? What is the process? Will my TTD benefits still not be paid? The location of the deposition is 60+ miles from my residence one-way will I be reimbursed for travel?