Third part depo's (California) (California)

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Third part depo's (California) (California)

Postby Luckyazkd9 on Wed Dec 07, 2016 4:08 pm

I fell off a stairway without any handrails, landed on by back and was injured. The Defense deposed a Supervisor and a warehouse worker in a deposition regarding the employer being made aware of the hazard. Both employees stated they had told management (Branch level) the lack of handrails on the stairway was a hazard .
May I use this testimony in a Serious and Willful claim? OSHA also cited company after my injury.

Defense has a video of me walking our dog in a park a block away from my home. They claim the video shows I have no injury.
Physical Therapist told me to take my pain medication one hour before our appointment otherwise I would not be able to tolerate therapy. Just as I did with PT I took my pain med's before I tried any activity. Mental Therapist encouraged me to get out of the house as walking would help my depression. Pain medication allowed me some limited activity but now they only judge me on the visual.. Rest assured, I was very comfortable under pain medications. Medical records and urine tests reveal I was on pain med's. I have been through two Lumbar surgeries and current have four cages on my Lumbar. Both knees have been replaced and both shoulders rotor cuff worked on. Were all these procedure for naught? I still have high levels of pain in the Lumbar, knees and shoulders and after sixteen years of being on Comp I remain on pain medications. Some quality of life is better than none and I am well aware my organs will fail because of the pain med. AME viewed video and offered no comment in his report. I was rated at a 94%. May I counter the video with Medical findings by PTP, QME and AME?
Luckyazkd9
 
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Re: Third part depo's (California) (California)

Postby LawAdvocate on Thu Dec 08, 2016 4:28 pm

Yes you can used the Supervisor Depo transcript to bolster your Serious and Willful claim. Note that the supervisor must be officially and correctly subpoenaed and then if the Supervisor does not show the deposition transcript becomes admissible as evidence. Otherwise it does not.

Let the video thing go. One day of ok video does not mean a thing. Most people who are truly injured have good and bad days. You walking a dog is not sufficient to rebut most issues, most likely the PD level alleged unless you had previously testified you were not capable of walking. That the AME found it to be inconsequential is all the evidence you need. No Judge will take that seriously. Video has to be more persuasive than what you described, such as I was moving and couldn't move a thing and then I have film of the Applicant loading the truck and moving himself. Now if he had said, I had to move and I had no one to help me and I did it on a lot of medication, that video would not have had a negative context. I personally think most Defendants use video as a scare tactic. The times I have used Videos to rebut a PD level or something, it has been obvious and my medical-legal evaluators have agreed with me.

As to organ failure due to pain meds, it does not effect everyone in the same way, it tends to have an all or nothing effect, so unless you are seeing substantial changes to organs in your blood work, I wouldn't worry about that either.

The only thing that needs to be worried about is if you are on narcotics long term - then you need to look at poly-opiod dependence issues, wherein you build up a tolerance to the narcotics and then nothing works and your body perceives the pain as severe all of the time. A good pain management physician should be able to assist with non-narcotic options, if that becomes or is an issue. I have a family member with severe pain issues and he has taken narcotics for well over 40 years and his blood work is pretty perfect. So genetics plays a role and that can be monitored so that if you start to show any organ issues, it is nipped in the bud. Good luck.
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Re: Third part depo's (California) (California)

Postby Luckyazkd9 on Thu Dec 08, 2016 4:46 pm

LawAdvocate,Thank You for your guidance. I shall follow all your advice.
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Posts: 31
Joined: Thu Feb 28, 2013 10:28 am


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