Danville, CA asked in Workers' Compensation for California

Q: Should I subpoena the defense’s witness?

Is it better to subpoena the defense witnesses or have the defense call them to come testify?

I was terminated after I was injured on the job. I’m going to trial because the insurance carrier is disputing I was fired for caused. They have listed the two HR rep that terminated me after I emailed the doctors first report of injury with work restrictions.

I’m preparing for trial but I’m not sure if it’s better if they don’t come or have them testify under oath.

I honestly don’t think there will be a trial even though there is a trial date. Unless an internal report from the employer warrants a trial. I’ve never heard or seen this report and it could have been written at any time in the last two years.

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1 Lawyer Answer

Ronald Mahurin

  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: Unless you have listed the defendant's witnesses and they can somehow help your case, I wonder why you even want to have defendant's witnesses come to a trial. Everything the defendants want to present at trial should be listed on the pre-trial conference statement. If the report is not listed and has not been served, then it cannot be used at trial.

No, don't subpoena defendant's witnesses. Write a letter requesting a copy of the report. If it is not produced, object to it's use as evidence at trial.

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