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Did i mess up my deposition??????
07-16-2009, 11:58 PM
Post: #1
Did i mess up my deposition??????
They asked me everything, and I felt I did ok. My lawyer said I overstated. Under stress I have a tendency to run my mouth; I think I did. While the facts of the case should not change I under stress I opened new doors. There were no yes or no questions. But I felt they led me...
Next stop emergency hearing.
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07-17-2009, 12:17 AM
Post: #2
RE: Did i mess up my deposition??????
I personally don't think you telling the trueth is ever wrong. With that said, the next time. Don't vulentere any info. Don't lie and just stick to the facts of the question asked.

Take Care

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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07-17-2009, 03:52 PM
Post: #3
RE: Did i mess up my deposition??????
It was Your First Time, so being Nervous is Normal. Your Attorney on the Other Hand I don't think would Allow You to Put Your Foot in Your Mouth so to Speak, they are there to Protect You from that. Their Statement about Overstating May just be Something for You to Remember for Future Hearings etc. My Very Best, and I Hope All Goes Well!!Wink

Remember, You can Never Tell the Truth too Many Times, and it always Stays the Same, so if the Truth is what You Told, You can Never Overstate That!!Smile

Failed Back Surgery, Chronic Pain, Totally Disabled.

Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!!
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07-17-2009, 04:33 PM
Post: #4
RE: Did i mess up my deposition??????
And they ask questions that can not be answered with a yes or no on purpose.

I believe the person asking me questions in my deposition thought I was a dummy, he kept asking me the same thing over & over.

I finally told him, "What part of NO don't you understand the N or the O.

By the time the deposition was over with the attorney asking the questions was 3 shades of red he was so mad. I turned to my attorney and said, "This person needs some anger management" my attorney thought it was funny he started laughing.
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07-28-2011, 07:40 PM
Post: #5
RE: Did i mess up my deposition??????
[quote='Bummer Knees' pid='93161' dateline='1247862811']
And they ask questions that can not be answered with a yes or no on purpose.

I believe the person asking me questions in my deposition thought I was a dummy, he kept asking me the same thing over & over.

I finally told him, "What part of NO don't you understand the N or the O.

By the time the deposition was over with the attorney asking the questions was 3 shades of red he was so mad. I turned to my attorney and said, "This person needs some anger management" my attorney thought it was funny he started laughing.
[/q

Defense Lawyers always try to trick you - They ask you the same questions in different ways hopping they would get you confused and probably you would answer the question differently. Just tell the truth and you will be fine.
Best of luck!
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07-28-2011, 11:39 PM
Post: #6
RE: Did i mess up my deposition??????
This thread is two years old. But, since you brought it back, it is my opinion that WC depositions are not worth the paper they are written on. They are done to intimate IW's, and for defense attorneys to make money as they are paid by the hour.

And, it is always best to be honest. If you talked "too much" your attorney should have stopped you, or objected to the "leading" questions, or "something"!!!!!

Let Go, and Let God......
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07-29-2011, 09:39 AM
Post: #7
RE: Did i mess up my deposition??????
(07-28-2011 11:39 PM)chrischris Wrote:  This thread is two years old. But, since you brought it back, it is my opinion that WC depositions are not worth the paper they are written on. They are done to intimate IW's, and for defense attorneys to make money as they are paid by the hour.

And, it is always best to be honest. If you talked "too much" your attorney should have stopped you, or objected to the "leading" questions, or "something"!!!!!

And the IW attorneys threaten to depose adjusters to intimidate them to get them to give in on an issue or raise a settlement offer. A lot of the adjusters gave in. They don't like being deposed any more than the IW does. I very seldom was deposed. I just told them to go ahead and depose me and they usually cancelled because there weren't any real issues. It's a game on both sides much of the time.
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07-30-2011, 01:50 AM (This post was last modified: 07-30-2011 02:32 AM by Sr.CE.)
Post: #8
RE: Did i mess up my deposition??????
Ok lets get it straight….. And this about Golden State only - if you decided to lie at the depo - sure, do it. Depo on it’s own has no bearings. At worst, it’s a perjury which is not punishable under WC laws. You also should remember that it is a part of discovery and any misrepresentation will go against your moral character - still fine, who cares? At worst, carrier will try to push material misrepresentation with local DA ( district attorney) and if that’s the only evidence - DA will reject( yes, this is a fraud case) submission. But let’s say your attorney trying to get you some money for depression …. So you go to psyche AME / PQME spending 5 hours out of your life talking to complete stranger and after 35 0 days your attorney will get report which says that some symptoms are exaggerated ( well, it was a bad day ). So now you do have a problem because you have questionable depo and questionable med report. As the result - your PD / or even the whole psyche injury, could be deemed non-industrial as outcome of supplemental report

To Kate: In CA to depose CE is almost never…….motion to quash granted almost automatically by WCJ. And even if, most often than not CE is more “ hands on” than AA so standard response to promise to depose is “ bring it on”
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07-30-2011, 10:58 AM
Post: #9
RE: Did i mess up my deposition??????
Never Never NEVER LIE about your WC case or injury I dont care who tells you to do it....dont it will come back to bite you in the Fanny..if your lawyer tells you to tell him no.period always tell the truth period...if you cant bend over without pain say you cant bend over without pain.dont say I cant bend....they will catch you with a picture and your whole case will blow up in your face...Dont ever lie

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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07-30-2011, 11:40 AM
Post: #10
RE: Did i mess up my deposition??????
All of the answers I gave in my depo were true, and if I did not know the answer to something I told the attorney so.

I was asked to name of a doctor my mother took me to when I was 8 yrs old. I sat there trying to think of the doctor's name and did not have an answer for the attorney asking questions. In truth I told the attorney, I do not know the doctor's name.

My attorney shared with me before the depo started, the insurance company was trying to get me to say that I had been terminated from work with cause. Not the case, to this day I am considered an employee of the college where I worked. I will never teach there again but I still received the tuition employee discount allowing my children, spouse and myself to enroll in college classes at almost no cost.
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