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New York Help
#1
I really suspect that some wrongdoing was done to have a Doctor not to do the deposition. Doctor works for my overall treating Doctor and he has always done my depositions in the past. The lawyer for the insurance carrier requested at a hearing last February, that Doctor to do the deposition based upon Doctor EMG nerve report that showed more nerve damage, the last time before 2013 that Doctor did a EMG nerve report was in 2007 which also showed evidence of nerve damage.
 
Why did the lawyer for the insurance carrier go by the 2013 EMG nerve damage report instead of my most recent MRI of December 2015 of my spine showing more permanent disc damage.
 
I have Doctor my overall treating orthopedic doctor, and my pain management Doctor, and my psychologist Doctor  and my psychiatrist . I see Doctor and Doctor every three months of every year, I see Doctor once every two weeks and Doctor once every five weeks. Doctor and Doctor have filed C4.3 forms for permanent status. So the last time I saw Doctor  was in 2013 for the EMG nerve test and since then I see all these other Doctors more on a regular basis. All these Doctors could have given more of a up to date medical deposition than Doctor . Especially Doctor who has always done my depositions and is my overall treating Doctor and I would think that an up to date MRI of my spinal injury is more important and credible than a EMG nerve test indicating secondary damage to my nerves. 
 
I have a gut feeling that there was some wrong doing done to have Doctor not do a deposition not once but twice. It is because of this deposition being refused twice that led to me losing the case and now having to appeal it and if the Judge had actually read all the medical evidence she would have seen my overall treating Doctor's reports.
 
This Doctor failed to attend twice and it says on both subpoenas - And failure to attend, you will be deemed guilty of a contempt and liable to the penalties provided in Section 119 of the Workers Compensation Law and Section 2308 of the Civil Practice Law and Rules.
 
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#2
If he won,t show for a deposition, subpoena him for appearance at hearing and put him on witness stand. Failure to appear when ordered by the court will get him fined. Also File a complaint with the local mdical board.
Your atty should be dealing with this. He knows whether the doctors testimony is important enough.
If you think fraud is involved, take your evidence to your local district attorney.
Your psychiatric condition may not allow you to realistically understand the situation. There may not be enough strong evidence to support what you want. Your Atty is the best judge of that.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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