Oakland, CA asked in Workers' Compensation for California

Q: witness affidavit question

I just asked a question. However... For upcoming Workman's comp trial coming soon...

my witness will not attend this trial! I had asked... upon this notarized witness statement..

Can this witness (arrived as I was pinned under a large erase board) witness did assist

in helping me out and I was injured (torn rotator cuff). Can witness state what had happened

that he learned from me. How this large board fell on me? Or is this hearsay. Can this

information be input into my witness affidavit? He has never been questioned as a witness

I want to present this the judge? What to di?

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

A: All WCAB trials now are by telephone. Your witness MUST have access to a telephone!!! You will have to get the Judge's hearing line plus the access code and train your witness how to phone in and enter the code when the voice tells him to enter the code. OR bring your witness to your phone and after you enter the code and the judge says it's time to swear in the witness, hand the phone to your witness. Easy peasy.

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