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How many times must claimant give a deposition to opposing counsel?

Atlanta, GA |

I am representing myself in a workers' compensation hearing for benefits. I gave my first deposition in 2010 when I had legal representation, in 2012 I raised issue regarding body part that I needed medical attention which was a part of the original accident. In 2012 I was summoned for another deposition to discuss that body part. Now January 2013 I raised issue regarding the wage statement not being accurate and the opposing counsel wants another deposition. Is this legal? what are my rights to the number of depositions taken?

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Attorney answers 6


It sounds like you have a new issue /hearing request. If that is true, the defense would be entitled to another deposition.


It sounds like each Deposition is for a new issue that you raise. You say that they are wrong, and then they want to listen to your story. Stop raising new issues, and they will probably stop setting your Depositions.

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


While I know it is a pain, if there is a new issue that was not addressed in the previous deposition, then they have the right to ask you about it under oath again. Having said that, I would likely move to prevent it on an AWW issue. The Employer has all the records. What more could you add to what they already know (unless there were tips or commissions involved that you would know about and they would not.)


I would like to know more about you injuries and wage statement issues to properly answer your question. If you have requested a hearing in the wage statement issue, then you are considered to be in litigation, and therefore the Employer/Insurer would be entitled to take your deposition. I am happy to provide a free telephone consultation if you would like to share more details so that I can answer your question more specifically.


If you raise a new issue, it's legal for opposing counsel to take a new deposition on that issue. If a significant amount of time has passed since your last deposition, and you file a new WC-14 on any issue for a hearing, it's also generally acceptable to take a new deposition regarding the issue(s) you've raised, and be prepared to also answer questions regarding your present medical condition, affect on your actiivities, job search if you've been on light duty release, and other sources of income benefits, such as STD/LTD and unemployment.


You would be doing yourself a favor by hiring a qualified workers' compensation lawyer. Hal and Mary, who both answered above, are good workers' comp lawyers in the Atlanta area. I would certainly contact one of them if I was you.

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