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Deposition
05-08-2010, 05:07 PM (This post was last modified: 05-08-2010 05:15 PM by Shadow.)
Post: #11
RE: Deposition
Regrets Wrote:Regardless of how Complicated Your Case is, Your Deposition is Your Time to Tell Your Side of Your Story, and how Your Injury Occurred, and how it's Work Related etc. It's a Written Record of Your Own Words as to How You were Injured, how Your Treatment is going, and how You are coming along with Your Injury. Not giving a Deposition is Like Taking the 5th at a Trial, and that Usually is not Good for the Person doing it, although it May not be the Case, but it Sure could Add Suspicion against You. You should Think this Over again in My Opinion, and Discuss it in Length with Your Attorney if You have One.

Nothing suspicious here . I dont like the way we are treated in CA. What are they going to do for me a bag of peanuts and a get well card. The system is truly a joke.I am not going to cooperate with them .They want info they can read the reports claim filing ect..
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05-08-2010, 05:15 PM
Post: #12
RE: Deposition
Please Understand I Never thought there was anything suspicious, and I Totally Understand Your View! Best of Luck.

I Wish Everyone in the World would Take just One Minute to Take a Deep Breath and Look at the Wonders around Them. Too Much Time caught Up in the Moment can Cause Us to Miss soo Much that is Good, and given Us Daily! We are just too Busy to See!
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05-08-2010, 05:31 PM
Post: #13
RE: Deposition
Regrets Wrote:Please Understand I Never thought there was anything suspicious, and I Totally Understand Your View! Best of Luck.

I understand . I think every injured worker should actually fight back. God knows attorneys don't. They don't pay me.

My question is what can they do given my circumstances when I tell them to shove thier DEPO?

Ever notice that it is the claimant that get deposed even though the worked for illegal employers . Too one sided for me.
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05-08-2010, 05:33 PM
Post: #14
RE: Deposition
you can depose the employer. discovery rules work the same for either side.
comp is voluntary. you can walk away from your claim at any time.
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05-08-2010, 05:45 PM (This post was last modified: 05-08-2010 05:46 PM by Shadow.)
Post: #15
RE: Deposition
1171 Wrote:you can depose the employer. discovery rules work the same for either side.
comp is voluntary. you can walk away from your claim at any time.

Right, but an AA will not depose employer becuase of financial reasons.Walk away is exactly what I intend to do.

Still have the FMC for life .They have liability for life.We both lose.

Waiting for AME report. This will be interesting .I walk away no matter what it says.
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05-08-2010, 08:11 PM
Post: #16
RE: Deposition
I'm confused, if you don't care about any of these issues, why are you even bringing these issue up here at this forum?

Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
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05-08-2010, 08:17 PM
Post: #17
RE: Deposition
I gave a deposition at the request of the insurance company.

The insurance company was trying to prove I was terminated from my employer with cause. They scheduled a hearing in front of the judge to present info from the deposition.

I shared my story at the deposition, went home got online with my employer's HR web site doenloaded documents showing I was currently still employed and took the documents to court the next day.

My attorney was in the conference room with the respondant's attorney discussing my employment status. I walked in gave my attorney the documents showing I was employed.

A short time later my attorney came out of the conference room, and said we would not be going before the judge and the insurance company attorney said "They made a mistake"

Going to this deposition worked in my favor as I was able prove I was still employed.

If the insurance company had proved I had been terminated with cause my claim would have been closed.
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05-08-2010, 09:14 PM (This post was last modified: 05-08-2010 09:41 PM by Shadow.)
Post: #18
RE: Deposition
It is not issues that I wanted to bring up. My original question was what happens if you refuse a deposition. My situation is complicated and not to go in to that .Then my question was answered with more questions.What I am looking for is standard IC practices for this without going in to the specifics of my personal claim

So what happens when an IW refuses a deposition? What can happen?
It is not contempt unless court ordered.
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05-08-2010, 09:38 PM
Post: #19
RE: Deposition
To Answer Your Question You can be Considered as not Cooperating with the w/c System or Your Employer and Your Case will be Closed. You Mention You have Medical for Life, and I don't know Ca. Laws Well, but If My Case gets Closed for not Cooperating Here I Lose the Medical also. It's Basically the Same as Losing Your case.

I Wish Everyone in the World would Take just One Minute to Take a Deep Breath and Look at the Wonders around Them. Too Much Time caught Up in the Moment can Cause Us to Miss soo Much that is Good, and given Us Daily! We are just too Busy to See!
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05-08-2010, 09:39 PM
Post: #20
RE: Deposition
nothing...case closed

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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