If you did significant damage to your case at your deposition, you may be able to minimize the damage with actual, direct medical evidence that you were in a compromised state. If you have a very sympathetic judge at trial, that may be enough.
You don't really want to have to unravel damage that you have done to your case. Although you have probably already done considerable damage to your case, I would strongly urge that you avoid doing any more damage. Find a skilled workers comp attorney on this site, or at www.CAAA.org, the organization for attorneys who represent injured workers in California, and go have a free consultation. Better late than never.
It only makes a difference if it made a difference in how you answered the questions. If the answers would be the same...meds or no meds, then it makes no difference.
OMG....you didn't do a deposition without being represented by an attorney, did you? You were up against a professional litigator who does nothing but workers' comp. His sole purpose in life is to make sure you don't get your benefits. He knows the game, the rules, the tricks and the players. You are a green rookie who knows nothing. You took him on by yourself? Good luck!
I recommend you consult with a good WC attorney before you do any more harm to yourself. Some of the best in the state are in Sacramento. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers.
No attorney is my guess was there for you. Most attorneys make that one of the first questions asked, ie. are you on drugs, illegal or otherwise, that would hinder in anyway your testimony. If yes, some attorneys won't take it but, if you answered you were fine to do it and then messed up, it doesn't help. Things can always be fixed though. If you didn't have an attorney before, get one now.
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