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What is the difference between a Deposition and an Administrative Hearing?

For many, it can be difficult to understand the difference between a deposition and an administrative hearing. While there are some similarities, both serve a different purpose in the Workers’ Compensation process.

The purpose of a deposition is to provide opposing counsel with a better understanding of your claim. The deposition is usually conducted at a conference room in opposing counsel’s office and a judge is not present. The deponent takes an oath to tell the truth and a court reporter is present to record and document the testimony. Usually, the claimant will only be deposed one time throughout their case.

An administrative hearing is different in that it is conducted in front of a judge and held in a hearing room at the Industrial Commission of Arizona. The hearing serves the purpose of resolving a disputed Workers’ Compensation claim. Each side has an opportunity to present witnesses, cross-examine witnesses and present exhibits. Witnesses are sworn in before testifying and a court reporter is present to create a written record of the proceeding. In Arizona, most workers’ compensation cases require more than one hearing to complete.

For both a hearing and deposition, the injured worker should come prepared and dressed appropriately. If represented by an attorney, the attorney will usually meet with the injured worker an hour before the hearing or deposition to prepare the worker for the types of questions that will he will be expected to answer. It is important to wear clean, professional attire because it adds to credibility. Business casual attire is best. Also, be sure to leave the cell phone in the car or turn it completely off before attending a deposition or a hearing.

It is not necessary to be represented by an attorney for either proceeding; however, the likelihood for success is greater when represented by an experienced Workers’ Compensation attorney. Phoenix attorney Robert Wisniewski has been practicing for three decades and understands that importance of receiving the maximum amount of workers’ compensation benefits. Contact the Law Office of Robert E. Wisniewski at (602) 234-3700 or 1-800-224-3220 to schedule a free consultation. For additional information, you can also visit www.azhurtonthejob.com

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