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