Q: Workman's Comp clam 2/16 still working on it.
Still undergoing same claim! A large chalk board that was placed on top of A large 3' x 4' dry erase board fell off of 3' x 4' foot locker
(without any support) came down on me causing several injuries. At the time of the accident, I was asked to accept a phone call from workman's comp adjuster to do a deposition. Which I did in Feb 2016. Luckily I did get a printed copy of the deposition, that I still have.
All of the sudden I get in the mail a notice that I have to go to my Attorney's office on October 30, 2018 to do yet another deposition...
My WC attorney is a joke. They have been of no help to me this entire time! Anyway, since I have already done this deposition in 2016,
can I refuse another one?
I have waited all of this time to get a MRI and finally, they approved it! They found that I have several teas in my shoulder at the
rotary cup on my right side! Now they approved surgery, but I am very nervous about that. what can I do?
A: No, you cannot refuse another deposition; if you try, the defense attorney will get an order from a judge requiring that you attend the next one, then if you miss the next one, the defense attorney will get an order to either suspend all proceedings on the claim until you attend a deposition, or to dismiss the entire claim. The defense attorney is not permitted to ask the same questions again, but it can and will ask all of your activities and treatment and work and symptoms since the last deposition. It is sad that your current attorney failed to explain this to you. Sounds like maybe you got one of those 'tv' 'i'll fight for you' firms that has secretaries practicing law without a license. YOU MAY 'dismiss' the current attorney and hire a new attorney, but DO HOURS AND HOURS of homework on the new attorney. Hiring the guy on the radio or the billboard or the TV will just get you into more hot water. See if a lawyer named Borah up there in the Bay Area will take you on, he's amazing.
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