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  1. #1
    Join Date
    Oct 2010
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    Napa
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    9

    Default Electrical Shock Injury

    Greetings,
    My Husband received an acute electrical shock on the job July 17, 2009 and has developed CRPS in all 4 limbs. Around March 2010 he became so bad I had to take him to his Dr. appointments as he could not get around alone from his limbs having tremors and also seizing up among other problems. On June 4, 2010 his Dr. requested me as his caregiver as he no longer can do most things. I happen to be a private home caregiver and decided I could not go out to help someone else and leave my husband in his condition with no help and we are about out of money, savings gone, credit cards out of hand to survive on. Now the Insurance company requested from me if I would give a deposition, they asked me September 8, 2010 and I agreed thinking this will help get me paid. My husbands Attorney had me make out weekly time sheets with charges and my fees and he sent them to the insurance company and their Attorney, well finally they set date for my deposition and it is October 22, 2010. Husbands Attorney said he did not like the fact they are doing it, I said well this will help to get me paid and he said "it can't hurt, it might help". My husband sees the AME a week after my deposition. When husbands Attorney subitted Doctor request for garegiving and my work sheets and charges they said they will consider payment if the AME agrees with husbands Dr and what he feels is needed. The AME is Fredric Newton in Oakland, CA
    My question is does anyone have any experience with getting paid as the caregiver? I enjoy this forum and relay things I read here to my husband and it has been helpful. Thank You!
    White Feather
    Last edited by White Feather; 10-14-2010 at 05:23 PM. Reason: add something

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: New and a

    A family member may be a caregiver for IW. You'll be paid the reasonable hourly fee based on your geographic area. Not necessarily minimum wage.

    Listen to the atty regarding the deposition. As you are not a party to this claim, IMHO, a WCAB judge may have difficulty with this approach by the DA/Defense Atty. The DA is basically building billable hours, your AA/Applicant Atty doesn't mind as he's paid by the hour for depositions, additional to any fee in the resolution of your husbands claim.
    My husband sees the AME a week after my deposition. When husbands Attorney subitted Doctor request for garegiving and my work sheets and charges they said they will consider payment if the AME agrees with husbands Dr and what he feels is needed.
    That AME opinion should be sufficient. If the AME is in agreement with the PTP recommendation for inhome services...regardless of who acts as the caregiver, the WC carrier must begin to provide the service, or file a DOR for hearing with a WCAB judge. It's not an option, but requirement under the labor code.
    There could be delays, the DA may want to depose the AME.
    I still don't see why you would be subject to deposition....you are entitled to a day of your usual/customary wages for the deposition. As well as reasonable travel costs/mileage.

  3. #3
    Join Date
    Oct 2010
    Location
    Napa
    Posts
    9

    Default Re: New and a

    Greetings BvIA,
    Thank You so much for replying! Husbands Attorney told me he is not getting paid for my deposition, it is at his office, when he said that I did not understand why he would not be paid, maybe that is why he told me he didn't like the fact they asked if i would give my deposition, well I just want it over with LOL

    Thank You!
    White Feather

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: New and a

    If I were your AA... I would NOT allow you to be deposed. Nor would I do so if I were not being paid. That's what AA's do...get paid for their services.
    This has nothing to do with you. You are not a party to the claim. What possible information could you contribute to the litigation of this claim...???? Nothing. Depositions are held to develop the record. You are questioned under oath, just like a courtroom. Again, YOU have nothing to do with this claim.

  5. #5
    Join Date
    Oct 2010
    Location
    Napa
    Posts
    9

    Default Re: New and a

    Greetings BvIA,
    I just called my husband's Attorney, he said the only reason I should go ahead and do this is it will help as a week later the DA will send my deposition to the AME so he reads all I help husband with..and if he finds he needs all that then I will get paid, and the deposition as You know will show I am telling the truth...he again said he is not getting paid when I asked why he said because I am not your Attorney..so I said then I am unrepresented...I don't like this but if it helps I guess I should do it? I suppose he will object if a ? not warranted by DA? Or can I?

    Thanks!
    White Feather

  6. #6
    Join Date
    Oct 2010
    Location
    Napa
    Posts
    9

    Default Re: New and a

    Greetings,
    I gave my deposition Friday and I am not very happy. My husbands AA said when I agreed to give it to the DA that is was for the care I am providing for my husband and the billing for the services. He also told my husband he would object to personal things unrelated to this. So because of what I was told regarding all of this I did agree when requested. The questions on the care and billing..his condition I have no problem with of course but then he wanted to know if others lived in the house, no problem, I said yes, Son and his wife, we all share the house and expenses of it. Then he asked what my Sons age is, where does he work, what does he do at his job, what kind of car doe she drive, how many hours a week does he work, does he work weekends etc, I expected the AA to object, he did not, then the same questions regarding sons wife. The amount of time spent on this I did not understand. It to me was way off track. The he went back to asking me husbands previous health history, they have all that from husbands depo..anyways even at husbands depo they asked if others lived in the house and he said his step son and daughter in law but did not ask their names..ages...where they work., how many hours they work..what they drive etc. I am really suspicious of this line of questioning and not happy no objection was made. This lasted an hour and a half! When it was over the AA only said when objections are made does not look good. Also that if AME grees with PTP my help has been needed that the insurance may want someone else in our house...what?? Well that won't happen! Po'd me, is this normal in a depo of this nature,? As I said it was only suppose to be questioned about care and billing charges. Son was not happy when I told him,. he finds it a bit odd and invading his privacy. Husband wants new AA..he always has said he does not seem to stand up much, and we need an AA who does..but I told him we have come too far to change AA now? He now wants to seek advice if we can do something due to how they questioned me..and I feel I was deceived. This depo will be emailed to AME for next Fridays appointment for husband. I also will get a copy in email. Anyone have any advice or thoughts on this?

  7. #7
    Join Date
    Jan 2009
    Posts
    202

    Default Re: New and a

    The best I may offer: An injury, such as many of us experience, is a "life-changing" event. Most, including I, are in a state of denial for a period while we seek to absorb what has happened to us. It's never easy. The most any of us may hope for, is support and understanding from loved ones. It's difficult, as we feel out-of-control and hopeless, to trust anyone. There is where we screw up. We should not allow emotion to cloud judgment. Attorneys are trained to avoid that. If you wish to change attorneys, do so. If not, follow their advice...that's why you retained them. WC moves very slowly, depending on caseload. I could not have survived without the help and support of my wife. Whether he knows it or not, your hubby is a lucky man. All the best.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: New and a

    There is NO reason for you to be deposed in this claim. YOu are not a party in this. It's your husbands injury, your husbands claim.
    What possible difference can it make what hours, or how much the charges are for your in-home service?... A depositon makes NO difference whether or not the service is provided, or how much money you are paid.
    By the way... were YOU paid a days wages for your participation in this charade...and mileage fees... you ARE DUE that money.

    There is nothing you can do about the line of questioning... even if your AA did object... doesn't mean- you don't have to answer. There is no judge present, only a court reporter.

    All this did is add billable hours to the DA paycheck..nothing more.
    There is no reason to change AA at this point. AA's don 't 'stand up' to anything. WC is a legal process. It's not like one hour TV drama.

    The PTP, AME and UR process control the benefits he's eligible for. At the end of the day... a WCAB judge will make the decision if necessary.

    There is no way possible your AA could provide the questions before hand, anticipate what the line of questioning may be, or object. You and your family need to move on from this. It's over now.
    This is also a "non medical" record the DA intends to provide to the AME... your AA can object and the depo will not be provided. Again, you are not a party to the claim/action, what you say has no bearing here.

  9. #9
    Join Date
    Jun 2007
    Posts
    349

    Default Re: Electrical Shock Injury

    It is not unusual for lawyers to ask seemingly unrelated questions during a depo. Often times they do this just to throw a person off or even get them upset. Kind of like questionig a witnes on the stand. If the attorney makes them angry it throws off their thinking. They become combative and don't present themselves well.

    I have no doubt the attorney would like to show that there is help available in the household without hiring someone. This really may not even have any bearing. Like BvIA said your AA can probably keep the depo from being sent to the AME. Should it find its way there your husband can discuss the situation with the AME. You may also be present as his witness and caretaker. The fact that others are living there does not negate the need for care nor does it mean they are capable or even able to be available to provide the care.

    I tend to agree with BvIA that this DA is padding some billable hours and this depo was simply a tactic to try and muddy the waters.

  10. #10
    Join Date
    Oct 2010
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    Napa
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    9

    Default Re: New and a

    Quote Quoting ransa View Post
    The best I may offer: An injury, such as many of us experience, is a "life-changing" event. Most, including I, are in a state of denial for a period while we seek to absorb what has happened to us. It's never easy. The most any of us may hope for, is support and understanding from loved ones. It's difficult, as we feel out-of-control and hopeless, to trust anyone. There is where we screw up. We should not allow emotion to cloud judgment. Attorneys are trained to avoid that. If you wish to change attorneys, do so. If not, follow their advice...that's why you retained them. WC moves very slowly, depending on caseload. I could not have survived without the help and support of my wife. Whether he knows it or not, your hubby is a lucky man. All the best.
    Thank You ransa for Your input, we will not change AA...and my husband does appreciate all I do and says he is lucky. Thank You and Take Care!---------- Post added at 03:41 PM ---------- Previous post was at 03:30 PM ----------

    [/COLOR]
    Quote Quoting BvIA View Post
    There is NO reason for you to be deposed in this claim. YOu are not a party in this. It's your husbands injury, your husbands claim.
    What possible difference can it make what hours, or how much the charges are for your in-home service?... A depositon makes NO difference whether or not the service is provided, or how much money you are paid.

    Thank You for all the information You provide. I was sure it would not really matter.
    By the way... were YOU paid a days wages for your participation in this charade...and mileage fees... you ARE DUE that money.

    Husbands AA said he ill put in for the mileage, I said well I guess it will take 60 days or longer to be reimbursed as it did for mileage for my husbands deposition, he said probably. No mention of my charging the extra hours to and from plus depo time on top of my hours I charge daily for caregiving. I think I will add that time on top of my hours for that day on my weekly bill.
    There is nothing you can do about the line of questioning... even if your AA did object... doesn't mean- you don't have to answer. There is no judge present, only a court reporter.

    All this did is add billable hours to the DA paycheck..nothing more.
    There is no reason to change AA at this point. AA's don 't 'stand up' to anything. WC is a legal process. It's not like one hour TV drama.

    Thank You for Your knowledge and advice.
    The PTP, AME and UR process control the benefits he's eligible for. At the end of the day... a WCAB judge will make the decision if necessary.

    There is no way possible your AA could provide the questions before hand, anticipate what the line of questioning may be, or object. You and your family need to move on from this. It's over now.
    This is also a "non medical" record the DA intends to provide to the AME... your AA can object and the depo will not be provided. Again, you are not a party to the claim/action, what you say has no bearing here.
    AA it seems agreed my deposition would go to AME before my giving it. I did not know until after the fact. So I doubt he will request now that it not go to the AME.
    You had mentioned before when I first asked about the request from DA that it has no bearing on husbands claim. I was leery to agree but feel I had been mislead a bit. by AA Thanks again!


    ---------- Post added at 04:08 PM ---------- Previous post was at 03:41 PM ----------

    Quote Quoting BvIA View Post
    There is NO reason for you to be deposed in this claim. YOu are not a party in this. It's your husbands injury, your husbands claim.
    What possible difference can it make what hours, or how much the charges are for your in-home service?... A depositon makes NO difference whether or not the service is provided, or how much money you are paid.
    By the way... were YOU paid a days wages for your participation in this charade...and mileage fees... you ARE DUE that money.

    There is nothing you can do about the line of questioning... even if your AA did object... doesn't mean- you don't have to answer. There is no judge present, only a court reporter.

    All this did is add billable hours to the DA paycheck..nothing more.
    There is no reason to change AA at this point. AA's don 't 'stand up' to anything. WC is a legal process. It's not like one hour TV drama.

    The PTP, AME and UR process control the benefits he's eligible for. At the end of the day... a WCAB judge will make the decision if necessary.

    There is no way possible your AA could provide the questions before hand, anticipate what the line of questioning may be, or object. You and your family need to move on from this. It's over now.
    This is also a "non medical" record the DA intends to provide to the AME... your AA can object and the depo will not be provided. Again, you are not a party to the claim/action, what you say has no bearing here.
    Quote Quoting BvIA View Post
    If I were your AA... I would NOT allow you to be deposed. Nor would I do so if I were not being paid. That's what AA's do...get paid for their services.
    This has nothing to do with you. You are not a party to the claim. What possible information could you contribute to the litigation of this claim...???? Nothing. Depositions are held to develop the record. You are questioned under oath, just like a courtroom. Again, YOU have nothing to do with this claim.
    Quote Quoting frustratediw View Post
    It is not unusual for lawyers to ask seemingly unrelated questions during a depo. Often times they do this just to throw a person off or even get them upset. Kind of like questionig a witnes on the stand. If the attorney makes them angry it throws off their thinking. They become combative and don't present themselves well.

    I have no doubt the attorney would like to show that there is help available in the household without hiring someone. This really may not even have any bearing. Like BvIA said your AA can probably keep the depo from being sent to the AME. Should it find its way there your husband can discuss the situation with the AME. You may also be present as his witness and caretaker. The fact that others are living there does not negate the need for care nor does it mean they are capable or even able to be available to provide the care.

    No son and his wife can not help, they have their own lives and I am a private home caregiver for 32 years, i have helped many and it will be me caring for my husband. If they have other ideas well we will cross that bridge if it gets to that. I sure hope it will not, it would be stupid!
    I tend to agree with BvIA that this DA is padding some billable hours and this depo was simply a tactic to try and muddy the waters.
    Yes it seems it may be. Thank You!
    Last edited by White Feather; 10-24-2010 at 03:12 PM.

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