Notice of Taking Deposition

[aim900]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? California

I had a back injury that resulted from an order from my boss to carry a 40lb box quite a distance to my car and then drive it to Federal Express. It was late, and he threatened me to get it there or else.

I have been off work for several months. In that time I have had two surgeries, an MRI, etc. Lots of documents and results to back up my claim - it's totally legit.

A month or so back my entire department was shut down (and everyone laid off, including my boss) due to a corporate takeover.

I was released back to work by my doctor, and was told by my H.R. department (2 weeks later, when I had to call them to find out what was happening), that they were "unable to accommodate" due to my restrictions - which are No Heavy Lifting. I'm an Executive Assistant. Not much heavy lifting needed when sitting at a desk/computer all day. Regardless, I figured I would just be laid off like the rest of my department. No big deal.

Now I receive this Deposition thing. I have no idea why they are doing this? What exactly is a deposition for? I haven't done anything wrong. Does this mean there is a trial to follow? They list me as the "Applicant" and my company as the "Defendant." It is all very confusing to me.

Also, the insurance company sent me a letter saying that they are starting permanent disability payments because my doctor stated my injury reached a permanent and stationary status, yet he released me back to work! I don't get it?

Any advice as to why the deposition, what you think they are doing it for (are they going to take me to trial for something? Or do they want to settle?). I have done nothing wrong - that I know of. How should I prepare for this? I will bring all my documents, but ... I don't know why it's being done at all.

Any information you could provide would be much appreciated.

Aim

 

[You Are Guilty]

I assume Workers Comp paid for your injury? Because this sounds suspiciously like a WC hearing, not a lawsuit. In which case, they probably just want to know the extent of your injury and your subsequent medical treatment.

On the other hand, it could be about the $500,000 you embezelled and thought noone knew about

 

[Beth3]

Also, the insurance company sent me a letter saying that they are starting permanent disability payments because my doctor stated my injury reached a permanent and stationary status, yet he released me back to work! I don't get it? I can only guess that this is as a result of a PPD (permanent partial disability) rating. In other words, your doctor has stated that you have been left with some permanent impairment and the WC carrier has agreed. That translates into a dollar amount which is paid on the basis of a certain number of weeks of payments until the total dollar amount is paid out.

I suggest you contact the WC carrier and ask them to explain what these payments are for. I strongly suspect you have already received some correpondance from them regarding this.

 

[aim900]

Beth: I did receive a notice saying that they are lowering my payments, and will advance a specific dollar amount until they have paid out that amount (due to starting perm disability payments). This cuts my payments in half. It sucks.

And yes, I believe I have been left with some permanent impairment, but I can perform my job functions as the two surgeries I had did aleviate a lot of the pain. There is no reason for the perm. status in my opinion. My doc released me to go back to work.

I just wanted to know WHY the deposition? And if a trial would follow. I read somewhere that the deposition is just a precursor to a trial.

To YAG: The deposition came from the Worker's Comp. Appeals Board. Yes, WC paid for my injury. They already know about my injury and subsequent medical treatment. They have received EVERY single document related to my injury and treatment from day one.

And, sorry no embezzlement here ;-)

Just trying to figure out what the deposition is for and why now? I have no idea how to handle this. Do I need an attorney?

Thanks guys,
Aim

 

[Beth3]

I believe I have been left with some permanent impairment, but I can perform my job functions as the two surgeries I had did aleviate a lot of the pain. There is no reason for the perm. status in my opinion. My doc released me to go back to work. You're not understanding the issue. You have (apparently) been left with SOME permanent impairment. You must be compensated for that, even if that does not interfere with your ability to perform your regular job duties.

As to why you're being subpoenaed to be deposed, who knows? Why don't you contact the WC Appeals Board and ask why?

 

[aim900]

Thank you Beth, I will do that. I didn't know I could call them.

I did call the attorney's office that sent the deposition to me and they said it was simply to, "get my side of the story" but that seems a bit vague to and doesn't really tell me anything.

Thanks again for your response(s).

A

 

[Beth3]

I also think this is odd. Your side of the story of what??? Your claim isn't being contested and they've decided on a PPD settlement. You haven't mentioned any open issues (voc rehab, wrongful term, etc.) so I really can't imagine what the deposition is all about.

I guess you'll just have to go and be surprised.

 

[aim900]

EXACTLY, my side of what??? They have all my medical paperwork. They know exactly what my condition was/is.

And yes, that's true. No issues whatsoever. Everything has been fine/by the book so far.

The only thing I can think of is that they may want to settle?? My doc recommended surgery and after careful thought, I told him I couldn't do it right now as I have a little girl to take care of and can't be laid up like that.

Think they may want to settle?

Well, who the F'k knows. I guess I'll go and "get surprised."

Also, I tried to call the WC Appeals board in two different locations and they don't answer their phone. Ring, Ring, Ring, forever. So, that's out.