Legal Question in Workers Comp in California
I just was deposed by the lawyer for the worker comp insurance company and wanted to know how far back can they go on the years of information that they ask or use.
my injury was 4-4-08 and I have just been deposed on 10-21-09 I was asked many questions that were 21 years old and over 10 years old none on any of the area of the case.
what is the limit of questioning and what is considered harrisment Betsy
3 Answers from Attorneys
Depositions questions are allowed to be very broad in scope because the whole purpose of a deposition is to gather information that might reasonably lead to evidence that is admissible at a hearing. So it is acceptable and common to ask questions about any similar injuries, no matter how long ago [perhaps you had not fully recovered, one way to determine that is to subpoena the medical records]. Since you do not state what the questions were, I can not possibly know if they were proper or not. I assume you were not represented by an attorney; if you were and the were paying attention, they would have objected to questions that were improper.
Betsy,
Thanks for your question. Deposition questions may relate to any matter, not privileged, that is relevant to the subject matter ... if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. In other words, the questions may be very broad but they should not rise to the level of harassment. I notice you are in San Diego. My office is located in the village of La Jolla. if you would like to discuss your case, feel free to contact me.
Regards,
Bryan
www.bbeckerlaw.com
877.201.8728
Objections should have been made. Hopefully it has little relevance. Get represented. Contact me directly.
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