Tag Work Comp Lawyer

Tag Work Comp Lawyer

Deposition

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A deposition is a person’s testimony under oath. It is subject to the penalty of perjury. That means that the deponent must testify truthfully as to any and all issues which are material to the lawsuit or litigation. In a worker’s comp case it is absolutely necessary to disclose any and all prior injury claims or accidents.
Since the deposition is a discovery tool, the defendants have the right to inquire as to not only relevant facts, but also any facts which might lead to the discovery of relevant information. A deponent should never volunteer information at a deposition, but only answer a question that is posed. Never assume that the friendly attorney asking you questions is your friend, or has sympathy toward your case. Honey just works better than vinegar. Watch out. . .

Workers Comp Evidence Requirements

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Workers Comp Evidence Requirements.

Labor Code Section 5502(e)(3) and 8 Cal.Code Reg. Section 10353(c) require the parties to list all exhibits on a pre-trial exhibit sheet. But neither section requires a party to list or raise any objections to the admissibility of such exhibits prior to trial. Rodriquez v. WCAB 75 CCC 919.

Failure to list medical reports, documents or witnesses precludes the party from using that evidence at trial.

Untimely Medical Reports

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In Regards To Untimely Medical Reports

Labor Code Section 139.2(j)(1)(A) provides that reports from Agreed Medical Evaluator’s(AME) or Qualified Medical Evaluator’s(QME) must be submitted to the parties within 30 days. A party may object to a late report and the doctor will be removed as AME or QME as long as the objection occurs prior to the receipt of the report.

Reynolds Notice

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In Regards To Reynolds Notice

Where the employer has been notified of applicant’s industrial injury, the defendant’s are required to send applicant adequate notice of the time within which he or she has to file an application for Adjudication to toll the statute of limitations. Until the notice is sent, the defendants are unable to rely on the statute to defend against the claim.