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Can a worker comp settlement happen at msc hearing if no deposition was ever taken and what is the reason for a deposition?

Los Angeles, CA |

i dont understand why sometimes depositions are taken, and in my case this never happened. I am scheduled for msc hearing this month. isnt discovery closed after this hearing? why wouldnt the other side depose me?

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Attorney answers 4

Posted

Deposition are to get info from you. If they dont take one it is bc no info is required from you at the time. Settlement can take place at any time, whether it is supported by medical evidence is another story. MSC normally a party is claiming that case is ready for settlement however it is rebuttable. Discovery is close once set for trial however ptp reports are admissable regardless. Talk to your attorney regarding this issues. Good luck!

Posted

If the Defendant feels that the Physicians and Employer have enough information on the claim, a Deposition is often not deemed necessary. Occasionally, a Deposition is taken for the purpose of establishing Perjury before Trial. I sometimes settle cases at Depositions, which is another use for the process.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

Posted

I agree with my colleagues

Posted

YOU DO NOT WANT A DEPOSITION.

If you were to say something under oath -- with penalties of perjury if you misspeak! -- that differs greatly from anything in your medical records, the defense can turn over the records and your depo transcript to the District Attorney to prosecute for Perjury and Workers Compensation Fraud!

No deposition = nothing stupid said under oath.

Yes: a 'worker comp' settlement CAN and DOES happen at the Mandatory SEttlement Conference... that's the whole point of a Settlement Conference.

Give thanks and be eternally grateful discovery will close without any deposition testimony the defense might use against you!!!

Asker

Posted

does deposition ofte happen right before msc hearing?

Steven Joseph Alves

Steven Joseph Alves

Posted

Yes, the deposition would take before the Mandatory Settlement Conference, because discovery closes after the MSC. That means that if either party obtains additional information after the MSC, they will not be able to use that information in trial. Further, depositions often give defense attorneys leads as to where they may find additional information. Thus, they would need time to obtain that information after the deposition, but before the MSC. I can see why Ms. Wallace says you don't want a deposition because often times people can give testimony that is damaging to their case. On the other hand, assuming everything is on the up-and-up with your case, it can only benefit you to have certain information on the record. For example, if you testify that you have pain in your left shoulder in a deposition today. When a doctor evaluates you years down the road, she can see that you were complaining of pain to your left shoulder during your deposition to confirm the consistency of your complaints.

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