A deposition is a chance for the attorneys representing either party in a legal case to question a party, witness, or anyone who possesses relevant facts about the legal case about their knowledge of the matter. The deposition is conducted under oath, in the presence of a Court Reporter, who converts all of the testimony into a transcript that she later types up and distributes to the parties, sometimes directly to the Judicial body.
Depositions are very common in civil cases like personal injury cases or contract disputes.
In worker’s compensation cases, many cases are settled and a deposition is not necessary; however, if the matter is contested, and a hearing is scheduled before a Deputy Commissioner, depositions are often part of the process prior to the hearing, and even sometimes after the Hearing.
Most common is the Claimant or Plaintiff’s deposition as well as other relevant witnesses.
Sometimes a medical doctor will be deposed by the workers compensation insurance company lawyer, or even the Claimant’s lawyer, especially if there are key medical issues that need to be discussed, such as the relationship of the Claimant’s injuries to the accident. The doctor’s opinions expressed under oath in the deposition become part of the record, just like any other medical record. The doctor’s opinions must be expressed in a certain legal form, otherwise, they are not going to be admissible in the case.
In North Carolina workers compensation cases, under Rule 612 of the Commission, the physician’s depositions are typically scheduled within 60 days after the hearing. The Commissioner will typically inquire at the hearing of the lawyers if they have already been scheduled and it is usually a good idea to have that scheduling accomplished in advance of the hearing.
If the deposition is being taken of an authorized, treating physician, the defense (i.e. the employer and insurance company) will bear the cost of the deposition.
Depositions of Physicians Are a Crucial Part of a North Carolina Worker’s Compensation Case
Some of the key issues in worker’s compensation involve the relationship of the worker’s injuries to the accident and whether, in the doctor’s opinion, the employee can return to work. The treating doctor is often in the best position to know the answers to these questions. It is important that the lawyer for the injured worker to work with the doctor to make sure the doctor is prepared for the deposition and that the doctor explains clearly the medical issues and uses the proper “legalese,” or the testimony may be inadmissible in your case. Joe Miller has 25 years of experience in handling medical depositions. To begin your case, call lawyer Joe Miller today at 888-694-1671 for an appointment or fill out my online form.
