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Court transcript
#1
California help and 1171,

I need help with one question. Are the court transcripts word for word or is it a summary? I never asked for a copy but I received a summary. There were 46 pages and it was cut down to 3 pages. Do I have any rights to the original transcript?
 
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#2
You can ask but you need to follow the guidelines here under transcripts, including paying for them.

https://www.dir.ca.gov/wcab/WCAB_Policy_...Manual.pdf
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
(05-05-2019, 05:39 PM)California_Help Wrote: You can ask but you need to follow the guidelines here under transcripts, including paying for them.

https://www.dir.ca.gov/wcab/WCAB_Policy_...Manual.pdf

Thanks California help. I just saved that on my phone. I think 1171 shared that link once but I didn’t save it.

If I’m understanding it correctly, it says I have to write the Presiding judge to get a copy. Does this mean that the defense requested for the transcript I received recently? What is the term or name for the word for word transcript? I keep saying the original copies and I think I’m confusing them.

I’m worried I might not be able to get a copy because my trial is ongoing. I thought something wasn’t right when I picked up the minutes of hearing the week after my first day of trial. The judge returned my pre-trial statement blanked. The judge personally filled it out with me at trial because the Defense attorney put evidence list with his and told me I didn’t need to sign Because they know why we are going to trial.


Thanks again,
 
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#4
You should ask an I&A officer for specifics on how requests are made at their court. This link is from 2003. I would recommend to ask cost per page. I don't know what the cost is to request transcripts at WCAB, but other courts I have seen are extremely expensive.

I would recommend writing exactly what you want, "entire transcript" if you want entire transcript. The rules are in the link I provided. You should check with an I&A officer to see what their procedure is and who to make the request to.

______________________________________________________
Requests for transcripts are to be referred to the PWCJ or his or her designee, to make sure the request is proper and to determine the relative priority of the request (see below). The PWCJ may contact the requesting party to determine whether the request is necessary in lieu of a summary of testimony, and whether a partial transcript, instead of an entire transcript, would be sufficient. The PWCJ shall then refer the request to one of the reporters in his or her district office who is designated as the transcript clerk.
Requests for transcripts shall be granted when the request is determined to be proper, and the request is properly completed and accompanied by the appropriate fee (AD Rules 9990 through 9994 and WCAB Rule 10740). The request should clearly and legibly provide the following information:
a. the name, mailing address and daytime phone number of the requestor;
b. he name of the applicant, date of hearing and case number;
c. a brief explanation of the basis for the request;
d. the portion of the transcript requested;
e. the date the transcript is needed.

The transcript request must include a deposit in the form of a check or money order made payable to the Division of Workers’ Compensation in the amount of the estimated transcript fee. The requestor should be advised of the transcript cost per page and that the estimated number of pages of the entire transcript is located on the lower left-hand corner of the cover sheet of the minutes of hearing and summary of evidence. The name and phone number of the transcript clerk shall be provided to the requestor to address any questions concerning the request and the fee.

A request for a transcript does not obviate the WCJ's duty to timely prepare a summary of evidence following each hearing [see Section 1.45], except where the PWCJ permits, for good cause, a transcript to be prepared in lieu of a summary of evidence. Requests for transcripts made
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#5
(05-05-2019, 11:47 PM)California_Help Wrote: You should ask an I&A officer for specifics on how requests are made at their court. This link is from 2003. I would recommend to ask cost per page. I don't know what the cost is to request transcripts at WCAB, but other courts I have seen are extremely expensive.

I would recommend writing exactly what you want, "entire transcript" if you want entire transcript. The rules are in the link I provided. You should check with an I&A officer to see what their procedure is and who to make the request to.

______________________________________________________
Requests for transcripts are to be referred to the PWCJ or his or her designee, to make sure the request is proper and to determine the relative priority of the request (see below). The PWCJ may contact the requesting party to determine whether the request is necessary in lieu of a summary of testimony, and whether a partial transcript, instead of an entire transcript, would be sufficient. The PWCJ shall then refer the request to one of the reporters in his or her district office who is designated as the transcript clerk.
Requests for transcripts shall be granted when the request is determined to be proper, and the request is properly completed and accompanied by the appropriate fee (AD Rules 9990 through 9994 and WCAB Rule 10740). The request should clearly and legibly provide the following information:
a. the name, mailing address and daytime phone number of the requestor;
b. he name of the applicant, date of hearing and case number;
c. a brief explanation of the basis for the request;
d. the portion of the transcript requested;
e. the date the transcript is needed.

The transcript request must include a deposit in the form of a check or money order made payable to the Division of Workers’ Compensation in the amount of the estimated transcript fee. The requestor should be advised of the transcript cost per page and that the estimated number of pages of the entire transcript is located on the lower left-hand corner of the cover sheet of the minutes of hearing and summary of evidence. The name and phone number of the transcript clerk shall be provided to the requestor to address any questions concerning the request and the fee.

A request for a transcript does not obviate the WCJ's duty to timely prepare a summary of evidence following each hearing [see Section 1.45], except where the PWCJ permits, for good cause, a transcript to be prepared in lieu of a summary of evidence. Requests for transcripts made

I spoke to I&A and they told me to put $100 deposit when I send request. They said the judge will decide if I can have a copy or not. I asked because I randomly got a summary when I never requested one.

I actually had hope with this judge. She explained and help me fill out my pre-trial statement. She also said I can still file lc 132a. Something happened the last week or so. I can’t put my fingers on it.

The defense changed 180 degree within the last week and I get a vague transcript.

Oh in case you want to know, I finally figured out what happened the week before I was terminated. The employer coerced some of my former co-workers to say I was stealing money. They wrote the reports but never used them. HR made a mistake and thought the medical report say no injury.

That created a snowball effect and they told the carrier that I didn’t have an injury. Thus, the denial for no medical evidence. When they realize the doctor put restrictions on my duties, they reverted back to their original plan.

I wonder why they sent a summary of the transcript with I never requested ine.
 
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#6
Glad you are getting help!
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#7
(05-06-2019, 09:37 AM)California_Help Wrote: Glad you are getting help!

Any help is still considered help. It won’t do me any good though. It seems the trial judge is letting the defense attorney scare me into settling. I find it odd that the judge will send me an unfavorable summary of the transcript and the defense randomly asking me what my plans are if I lose my trial.

I’m preparing to file a petition for writ review just in case this judge also ignores all the doctors report.
 
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#8
(05-06-2019, 09:37 AM)California_Help Wrote: Glad you are getting help!

Any help is still considered help. It won’t do me any good though. It seems the trial judge is letting the defense attorney scare me into settling. I find it odd that the judge will send me an unfavorable summary of the transcript and the defense randomly asking me what my plans are if I lose my trial.

I’m preparing to file a petition for writ review just in case this judge also ignores all the doctors report.
 
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#9
It is my understanding you need to file a petition for reconsideration first, but check with an I&A officer.

I don't think you understand the system. Parties are encouraged to work together to settle and only when they cannot work it out does it move to a trial.

The comment that the defense attorney said about losing at trial is a fact. You could lose at trial. It is unknown what will happen. This is why most cases settle. It is usually a compromise. It is up to you if you want to take that risk. I do not find that comment scary. I find it factual.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#10
Most workers with denied claims resolved their cases through settlement talks with the insurance company (82%) rather than at a hearing (18%).
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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