I even gave them some ideas of where they could set it up. Instead of the cities I suggested, they set it up in a neighboring town where I don't know the public transportation and won't have access to ADA transportation. Will they have to pay for me to take a taxi? Otherwise, can I object to the deposition and get the location changed to a city where I have ADA transportation? I have been trying to find a lawyer, but have not been able to get an appointment in my area because of the holidays - not even with the lawyer who is representing me on another case. If I am able to get a lawyer to represent me, will they be able to object to the location and get it changed? So frustrating. Please help.Seriously, happy freaking holidays! There is nothing quite like coming home from visiting family to have a depo notice sitting there.
I agree with my colleagues:
1. Write to the defense attorney and tell them you need a ride to the deposition and ADA accommodations.
2, Absolutely, positively, do not do the deposition without being represented by an attorney. If you have to postpone the depo in order to obtain counsel, then do so.
As you may be away, most hotels have at least one conference room that can be rented for a deposition. It is likely your deposition could be set at a more convenient location but is being set at the office of the Defense Attorney or the court reporter the defense attorney prefers to use.
You should write a letter to the Defense Attorney explaining why you cannot travel to the location where they propose to set the deposition and also state you are trying to find an attorney but having difficulty due to the holidays. In this letter tell the Defense attorney you will not be able to make it to the deposition currently set on notice due to your disabilities and the lack of ADA transportation in your town. If they insist on having the deposition at that location, they likely will need to provide you with transportation. It is unlikely a judge would issue an order to appear for a deposition at the inconvenient location based upon the facts you are stating.
You would be wise to use the same attorney if you have two work comp cases since this attorney will know you and your situation.
Several of your statements make me cautious, for most attorneys work over the holidays. The general rule in California is the defendants must provide you with transportation if you cannot get to the deposition by yourself. Generally the deposition cannot be set over 75 miles from your home address and you have the right to object to the subpoena. Simply object saying you have no means to attend the deposition absent provided transportation and request a court date. The WCJ can sort everything out. Lastly, you should probably get an attorney before the deposition. Defendants will most likely change the deposition location to your attorney's office so they do not have to pay travel time.
A deposition cannot be set, unless an application has been filed with the WCAB. Has an application been filed, and therefore a case number issued? If so, who filed the application, you or the defense attorney? If filed by the defense, then you may be entitled to attorney fees, separate and apart from your award, if you need to hire an attorney. You are entitled to have an attorney represent you at a deposition, so file for a protective order to give you time to get an attorney.
There are lots of good attorneys in your area, especially if you look as far as Santa Barbara. You can search for an attorney through this site, by clicking the "Find a Lawyer" tab at the top of this page, and then searching for a workers compensation attorney in your city, and state. I would say look for Russell Ghitterman, or David Holzman, or John Sprague, I know those attorneys are very good.
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Don't go to the deposition without a lawyer anyway. There are too many scenarios. They should provide transportation or mileage depending on the circumstances, but find a lawyer and he/she will take care of the issue of location.
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