Legal Question in Workers Comp in California

Do I have to attend my deposition in a workers comp case. I have returned to work under restrictions and I just got this job 3 days ago. I cannot take off ANY days no time soon; It was one of the conditions of them hiring me.


Asked on 3/18/12, 6:38 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

If you don't attend, defense can make a motion to compel and later your case may get dismissed due to non-cooperation. Why don't you retain an attorney who can get you a settlement for any injuries that you have. Restriction means you have permanent disability. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 3/18/12, 7:19 pm
Nancy Wallace Nancy Wallace Atty at Law

YOU NEED AN ATTORNEY.

If you have an attorney, you need a REAL attorney who will re-set a deposition for a date and time when you are off work.

PUT IN WRITING either to your attorney -- or to the defense attorney, if you have no attorney -- you will attend but need this to be set for a time when you are off work, possibly a weekend or early evening.

If you do nothing and fail to appear, the defense has a Lien for the expense of preparing and attending and paying a court report to attend and get a certificate of No Appearance, so it's expensive to blow this off without putting in writing that it must be cancelled and reset.

Then, if you get ordered by the court to attend a deposition and you fail again to attend, the defense can obtain an order to dismiss your claim...but you have to miss at least two depositions.

You are cRAZY if you attend a deposition without a Workers Comp Specialist ATtorney at your side, absolutely nuts. They only cost 15% of your final outcome, like a general practice attorney but they passed a special bar exam in Comp only and complete Comp education units every year... get a specialist who will get this re-set for your day off immediately.

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Answered on 3/20/12, 10:27 am


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