Oakland, CA asked in Workers' Compensation for California

Q: I am preparing a "witness affidavit" statement. I am going to have it notarized.

Upcoming Workman's Comp trial. I am the Witness and am preparing a Affidavit that will be notarized.

I did not see the object fall on this person, but I was called by cell from the injured person. I went and

found this person under a large dry erase board on top of her. I was the person to remove it and took

photos (next day) that fell on her.

This was four years ago. On this affidavit can I explain how I found her, and helped her out from under

this board 5'x3', she was injured.

She had plugged in her computer to charge, and someone management had placed this huge board on

top of a 3'x4' foot locker, next to the fridge. She had plugged in computer and when getting up from her

knees, this object slipped off and fell directly on top of her! She was injured and still has a torn rotator cuff.

No surgery approved to this day. Hence upcoming trial.

Can I include in my statement that she had told me about the board falling on her? Or is this Hear say?

Thank you for any help!

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2 Lawyer Answers
Ronald Mahurin
Ronald Mahurin
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: You do not need to have the statement notarized, as a notary is irrelevant'. You need to add a verification stating

I (name) declare under penalty of perjury the above is true and correct except for those matters plead on information and belief and I believe them to be true.

Sign and date

Typically the court only asks for a "offer of proof" about what a witness will say. The WCJ will then decide if the witnesses testifies or not. Defendants have a right to cross X any witness.

Gary Alan Jackson
Gary Alan Jackson
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: a statement under oath is your testimony as to what you saw, heard, touched, tasted or experienced with your 5 senses. it must be honest and truthful to the best of your ability meaning tell the truth as you perceived it. its that simple. if someone told you something you can put that in your statement. you might not be able to say what they told you is true since maybe they lied to you. but you can truthfully say what they told you. hope this helps.

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