Newbury Park, CA asked in Workers' Compensation for California

Q: Defense deposed me in April, and now they are stalling for round 2 of deposition till Sep... can i petition to quash it?

Claim denied. Completed 2 QME's, #1 indicated industrial causation, #2 let to trier of fact with a 95% apportionment to personal action and a GAF of 53... both stated TTD as of 12/2016. Defense trying to get me to another QME and back to #2 QME for re-eval (both recommended treatment... never got it), i said F'U, filed a petition to quash deposition, petition for Discovery Order... already have a 132a & S&W & Petition for penalties... Pro Se at this point... approaching 9 months without medical treatment, unemployed... on my last leg. DFEH investigating and DLSE investigating employer as well for harassment, retaliation, and discrimination. 1 told them $140k make it all go away... they prob have spent 305k on it at this point, and we are just getting started. Had knee surgery on my own dime already, too.

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You are permitted to submit a motion to quash to subpena commanding you to attend a deposition. Most depositions are not set by subpena. But if volume two of yours is, you would have to prove (not assert, actually prove) that the deposition would require travel of more than 100 miles, testimony under oath is an 'UNDUE" burden, this requires disclosure of protected trade secrets or protected information, or fails to include a reasonable amount of time in which to comply.

It is tough to address the remainder of your narrative as there is no question.

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