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  • Deposition North Carolina

    I have posted before so any extra info is all there.. My question today is... My other job which is partime has to do a depostion with them to verify i wasn"t actually working yet for them day of injury with the fulltime job and what my actual duties are with them.
    I was informed that not only will the attorney and court reporter be there but also the DON(director of nursing) from the job i was injured on. The commisioner asked the attorney not her to get the deposition.. This same woman told me its out of her hands its workmans comp thing now. but yet the attorney informed my pt job she would be there. She gave her deposition and i mine. The attorney is also related to her and works for the workmans comp , go figure.. Is this normal practice and should i speak up and say, no this is the commisioners question needing to be asked, he didnt ask her the attorney and court reporter can get the deposition. please let me know and ty..

  • #2
    It would be unusual to depose a party that is not involved in your claim...but the ER/IC has the opportunity to develope the record.
    also the DON(director of nursing) from the job i was injured on.
    Don't know what interest she will have... she can't pose questions...and if she isn't being deposed...she won't be answering any.

    Is this normal practice and should i speak up and say, no this is the commisioners question needing to be asked, he didnt ask her the attorney and court reporter can get the deposition. please let me know and ty..
    You direct your concerns to your attorney...and if you don't have one, you should not have been deposed in the first place.

    Let your AA handle this... in fact your AA has the right to be present if s/he wishes. Doubt that will happen though.
    The basis of this depo is probably to determine IF your part time ER has any liability for your injury, and the full time ER/IC is looking to join the two IC's... they do this to limit their individual exposure. You have nothing to really be worried about....your benefits won't be affected here.

    If 'complawyer' is around, he'll give you some valid/legal input here.

    I have posted before so any extra info is all there.. My question today is
    Might be a good idea to keep within the org thread... that way no one will have to go searching for additional information if necessary, or interested.

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    • #3
      Depo

      TY for your responce, I don't have a problem with them getting the deposition at all. It will just prove what i have said all long .I was not working at that pt job at time of injury hadn't even started the job till the following week.
      My problem was when yesterday my pt job told me that DON was gonna be there. Also the fact I have seen the DR. once and orthopedic once. I have suffereing pain since late august last year.
      I can only take over the counter things for relief. Its funny how the WC doesn't even care and wants to lengthen everything getting done to meet their satisfaction.
      In the long run my liver is having a hay day but they don't care. I have not been lazy i kept the pt job which does not go beyond my restrictions so i can survive. i was taken out of ft job due to the atmosphere and possible reinjury.
      My pt job as of yesterday the hrs got reduced down to half because of a client goin to nursing home. so now i worry over my bills and survivng. I want to try n find something low level and not beyond my restrictions to keep afloat. As i said im not a lazy person at least im trying.
      their other question to the times n dates is i had a previous injury which to a degree had one of my body parts involved. but the thing is i was released by their doctors to full duty at that time 4 yrs ago. this injury is entirely different it just involves my neck again a little bit due to the stiffness from being dragged and pulled by my arm n hand. My thing is i was released to full duty so why must they bring a old injury up. I do think biggest concern is the times n dates of pt job in general. in mean time im without treatment and money is low very low..i could lose my car,
      If i have to i will find work somehow to survive, im looking now. It won't be till possibly end of june or july till i get treatment or any comp pay . I have yet to get either one. So when asked why I got another job ill tell them ur life wasnt taken from u and ya'll werent taking care of me. i have went almost 8 months without treatment i had to do what i had to do.
      Also muscle wasting could be going on due to the neglect of treatment so i have to keep moving in trying to do something.
      I've rambeled enough lol.. im tired and frustrated. If you have any responce to this it is welcomed and ty again.

      Comment


      • #4
        Unusual situation only because you have two jobs. The attorney for the defense will be interested in whether you are able to work, and if so, exactly what you are doing and can do. That is the main reason for the deposition of your second job. The DON can be there to observe and help that lawyer formulate questions. Your lawyer needs to be there to protect your interests.
        Bob Bollinger, Attorney
        Board Certified Specialist in NC Workers' Compensation Law
        Charlotte, NC

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