Order to Compel (California)

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Order to Compel (California)

Postby sunset Estates on Mon Oct 30, 2017 1:20 pm

In answering an objection to DOR that has been scheduled for status conference;
1. can testimony be taken at a status conference? If not then disregard 2 & 3.
2. can the WCJ issue an Order to Compel to get a witness to testify at status conference?
3. can I include a request for an Order to Compel in my Answer to Objection to DOR?
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Re: Order to Compel (California) (California)

Postby LawAdvocate on Tue Oct 31, 2017 8:32 am

No testimony is taken except at a Trial at the WCAB. Judges cannot Order anything the parties do not agree to at a status conference, if there is no Stipulation, there can't be an Order. If there is a dispute, the parties must file for an MSC and then if the dispute is not resolved, the matter is scheduled for Trial.

Nothing can happen at a status conference except the parties can agree to move it to an MSC. There is really no reason to object, status conferences are just used to get the parties face-to-face when written communication has not resolved the issue.

I know you said ignore Number 3 - no, never combine Petitions. You would do a Petition to Compel with a proposed Order, different and distinct from the Objection to the DOR. Also having read your question in the injured worker section, the proper way to secure testimony at the WCAB is to first get the case set for Trial and then cause a valid subpoena with mileage and witness fees to be served upon the proposed witness. There is no reason to prepare a Petition to Compel unless someone has not complied with a valid subpoena which was timely served.
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Re: Order to Compel (California)

Postby sunset Estates on Tue Oct 31, 2017 9:25 am

Thank you LawAdvocate for your great response to clarify.

Will you please give details on the proper way to have a witness [non-expert] subpoenaed?
Your mentioned "mileage and and witness fees"
What are the rates, when do I pay and after the trial if I win can the defense be obligated to pay via part of the award by the WCJ?

Thanks again for your time
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Re: Order to Compel (California)

Postby LawAdvocate on Tue Oct 31, 2017 2:49 pm

I recommend using a subpoena service like Med-Legal - you pay up front before they prepare and/or issue the subpoena. I have never seen defense Ordered to pay those costs, you alone bear the costs of litigation.

This is why if it is a defense person such as an employer witness you beg the Judge at the MSC to have the defense ordered to produce that witness.

So who are you subpoenaing?
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Re: Order to Compel (California)

Postby sunset Estates on Tue Oct 31, 2017 6:10 pm

Thank you again LawAdvocate

A former court employee.
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Re: Order to Compel (California)

Postby LawAdvocate on Wed Nov 01, 2017 8:52 am

Then you definitely need a subpoena and you are going to have to have the subpoena service find a current address, although I am not sure how a court employee's testimony is relevant as their opinions are not binding.
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Re: Order to Compel (California)

Postby vampireinthenight on Fri Nov 03, 2017 8:08 am

Is this a WCAB emplyoee? Have you spoken with your witness recently? I would suggest finding them first and verifying that they are going to recall things the way you need them to. A WCJ is going to be adverse to having one of their employees called in and ordered to testify in a case, especially if you cannot articulate what the witness is actually going to testify to.
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Re: Order to Compel (California)

Postby mytwocents on Sat Nov 04, 2017 1:04 pm

If the "former court employee" is a WCJ, you should read §10593 of the WCAB Rules before you do anything else.
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