deposition help

[janet1031]

Tennessee claim. My husband got hurt in 7/09 a 140lb walkbeam fell on him drove him in ground. he suffered a jones fracture to the fifth metatarsal. Of course he had to keep working on construction site on light duty. Then he was release to full duty with a severe limp and 6 weeks later his back was out. wc denied claim took it to labor board. and won . But after the first surgery when surgeon released him. they are saying he should of went back to work when he couldn;t hardly move and then he was back in for fusion on his back first surgery didn't work, and now he also has nerve damage in legg and a drop right foot to go with it. After 6 months wc paid for afo brace out of clear blue. And now his attorney said the defense wants a deposition. Labor board ruled they could have one but it is to be a limited deposition only on certain things. Any one ever heard of this and what does it mean? Actually wc laying low, its us the labor board, and company lawyer fighting everything. If labor board all ready ruled it work related, and wc has paid some ttd and medical. why they want a deposition and labor board made it a limited one just don't understand.

[1171]

legal issues can be complex and very specific to the particular situation.
it's difficult to speculate and generalize but there can be more issues then just whether the injury was industrial or not.

there are many benefits available under workers comp and each benefit has it's own eligibility criteria.
i suspect there is a collateral issue that was not part of the causality decision by the court and the carrier is allowed to obtain discovery evidence on that point.

have your husband talk to his atty about the details and specifics of the law.
keep pestering them until they respond.
if you think the atty is not performing well consider changing attys.

[janet1031]

(09-08-2011 11:31 PM)1171 Wrote:  legal issues can be complex and very specific to the particular situation.
it's difficult to speculate and generalize but there can be more issues then just whether the injury was industrial or not.

there are many benefits available under workers comp and each benefit has it's own eligibility criteria.
i suspect there is a collateral issue that was not part of the causality decision by the court and the carrier is allowed to obtain discovery evidence on that point.

have your husband talk to his atty about the details and specifics of the law.
keep pestering them until they respond.
if you think the atty is not performing well consider changing attys.

what do you mean by collateral issue?

[1171]

"part of" or "subsequent to" or "derived from."

for example: while you could be determined to be temporary disabled for a specific period of time, benefits could still be in dispute if your earnings or the payment rate was contested. it takes both a time period as well as a weekly rate to make a payment and one or the other could be in dispute.
there could be similar issues with impairment and treatment.