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  1. #1
    Join Date
    Jun 2008
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    Default What Happens Post Deposition

    My workers compensation claim was made in the State of: NE
    I have a telephonic deposition coming up this month. What happens after? We had to file suit against the IC in order for me to get Pain Management as per my Dr's request. It has been denied even though two Dr's said i needed it. Of course the IME said i didnt.
    thanks
    trying to continue to find the good in everyday. Hard as it may be most of the time, there is always something to be joyful about in my life.
    I have learned the hard way that WC SUCKS!

  2. #2
    Join Date
    Oct 2006
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    9,109

    Default Re: What Happens Post Deposition

    generally you/your atty will receive a written copy and time to make corrections.

  3. #3
    Join Date
    Jun 2008
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    Default Re: What Happens Post Deposition

    ok, after that what happens? we just wait for court date?
    trying to continue to find the good in everyday. Hard as it may be most of the time, there is always something to be joyful about in my life.
    I have learned the hard way that WC SUCKS!

  4. #4
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: What Happens Post Deposition

    depends on what you want to do.
    you'll only get a date if you'ver requested one.
    it could settle if you decide to negotiate.
    the file will go dormant if you do nothing.
    Last edited by .SH; 01-05-2009 at 09:43 AM.

  5. #5
    Join Date
    Feb 2007
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    Calif
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    18,021

    Default Re: What Happens Post Deposition

    I have a telephonic deposition coming up this month.
    Is this 'deposition' being done with your and your AA in the same office...?

    A deposition is testimony taken under oath with a court reporter present, the same as though you were in a court room with a judge.
    Depos are used to develope the record/case for each side, and/or to clear up an issue, eg a med/legal report.

    There really isn't anything that must take place post depo...

    If a request for treatment is being denied, then you get a med/legal evaluation...IME/AME/QME as your state uses. If that is not successful, you take the issue to the court/judge for an order to provide benefits.

    ok, after that what happens? we just wait for court date?
    As the depo is not specific to a particular issue of a case, your AA must file for the hearing, or as SH said, nothing will happen.

  6. #6
    Join Date
    Jun 2008
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    USA
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    Default Re: What Happens Post Deposition

    My AA stated that after the depo, which will be taken telephonically, since they are in NE and i am in MD we would wait for the court to give us a court date. She replied today to my question....suprise suprise. I still come here though you all know the ropes.
    I am not at MMI, The IC will only pay for me to see the pcp i am seeing now but no further treatment. As to the Pain Management. Since i have a letter stating their denial for paying for it i am going to file it under my other insurance.
    I am not sure what will happen with the court. My pcp never released me to return to work, the IME did. I tried and was unable to do it. I came back and was finally clearned to see my PCP a month or so later (they stopped covering me seeing him for many months). He in turn started back my no work notices.
    So all in all i gather we are going to court for medical coverage of me.

    One more question (i hope lol).
    will the judge at that time make the decision on wether i should have / be recieving TTD?
    trying to continue to find the good in everyday. Hard as it may be most of the time, there is always something to be joyful about in my life.
    I have learned the hard way that WC SUCKS!

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: What Happens Post Deposition

    My AA stated that after the depo, which will be taken telephonically, since they are in NE and i am in MD we would wait for the court to give us a court date.
    You need to wrap your mind around the fact that the depo has nothing to do with a hearing schedule...they are two different things...
    The hearing is to take a disputed issue to a judge to issue a finding/decision.
    The deposition is used to develope the record..either yours, or the defense.

    will the judge at that time make the decision on wether i should have / be recieving TTD?
    That would depend on what the issue is of the hearing.
    If it's for a disputed medical issue, that will be the decision made by the judge.
    If the hearing is for TTD, and your status concerning that, then that will be the judges determination and order.

    If the hearing is for medical treatment issues, and whether or not you are owed TTD, then that will be the decision made, probably not at the hearing, but within 30 to 60 days or so.

  8. #8
    Join Date
    Jun 2008
    Location
    USA
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    125

    Default Re: What Happens Post Deposition

    ok , thank you. I have sent my AA an email asking what is going to be addressed when we do go to court. In no way shape or form are they going to get me to settle.
    I appreciate your help
    trying to continue to find the good in everyday. Hard as it may be most of the time, there is always something to be joyful about in my life.
    I have learned the hard way that WC SUCKS!

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