Depo post judgment (California)

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Depo post judgment (California)

Postby lacompfun on Wed Aug 09, 2017 7:49 pm

Scenario:

1. Applicant never deposed. Case goes to Stipulated Award. More than 5 years since the DOI

Question:

1. Can the WCJ enforce applicant attendance at the deposition?


Seems like no... just voluntary if applicant wants to attend....
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Re: Depo post judgment (California)

Postby LawAdvocate on Thu Aug 10, 2017 8:58 am

Why?

I guess so. But the argument would have to be strong suspicion of a subsequent trauma to the same body parts not revealed where there is another payer who should be contributing - can't think of another one - but it would have to be a compelling reason as I assume benefits are continuing to be provided?
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Re: Depo post judgment (California)

Postby lacompfun on Thu Aug 10, 2017 9:41 am

Correct might be a subsequent CT going on.
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Re: Depo post judgment (California)

Postby steve appell on Thu Aug 10, 2017 4:22 pm

Unless there is a stipulation, I thought you could depose any party or any witness unless there is a change of circumstance ........ Inquiry minds what to know!
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Van Nuys, Ca 91401
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Re: Depo post judgment (California) (California)

Postby mytwocents on Fri Aug 11, 2017 8:42 am

A judge can order attendance at a deposition but the real question is what consequences can be brought to bear in the absence of compliance. Non-compliance with an order to appear for a medical exam can result in the barring of benefits, but there is no analogous provision for failure to submit to a deposition, even after an order has issued. So, if the applicant doesn’t show up to this deposition post-award and more than 5 years after the date of injury, what can anyone do to him? It’s too late to alter the award in the absence of fraud. So, it might depend on the reason for taking the deposition. If, for example, treatment was being requested that the defendant had reason to believe was solely necessitated by a subsequent non-industrial injury, the defendant could deny liability for the treatment on medical causation grounds that would not be subject to UR/IMR and obtain a medical exam. They would have to be on firm ground, though, in light of the future medical award and the potential for penalties and attorney fees. If the defendant suspects a subsequent CT involving a different employer or insurance carrier, it should file a new Application and then seek discovery in connection with the new claim. However, if the applicant does not want to create problems with a current employer, he may not cooperate with the defendant in establishing liability either through a deposition or a medical exam. It all depends on the circumstances.
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