What are depositions in a Pennsylvania workers’ compensation case? In short, a deposition is testimony under oath regarding the work injury. There are typically three different depositions that may take place during workers’ compensation litigation. First, the deposition of the injured worker may take place in lieu of live testimony. Second, there may be a deposition of an employer fact witness or witnesses by the insurance carrier and employer (Defendant). Third, there will likely be depositions of doctors involved in the workers’ compensation case.
Claimant Deposition:
If you file a workers’ compensation claim and that claim ends up in litigation, you will have to testify in your case. Many times, the injured worker will testify live before the Workers’ Compensation Judge (WCJ). That does not always occur. Sometimes the injured worker will testify via deposition. This is becoming more prevalent as we arrive out of the COVID-19 pandemic. In reality, an injured worker can testify live before the Judge and later by deposition if other issues arise that need additional testimony or cross-examination of the injured worker.
Depositions usually occur in an attorney’s office. That office is usually the attorney for the injured worker. Present for the deposition would be the injured worker, the injured worker’s attorney, an attorney for the defendant, and a court reporter who creates the transcript of the deposition. The transcript will be uploaded and used as evidence in the case and will be read by the WCJ.
Deposition testimony is equivalent to live testimony in court. Usually, the attorney for the injured worker will ask questions first. This is called direct examination. The attorney for the defendant will then have an opportunity to ask the injured worker questions. This is called cross-examination. It may even go back and forth a few times. The important thing to remember is to answer the questions briefly and truthfully. Remember, you will know the answers to all questions asked of you; you are the one living through the injury. Truthful responses is paramount. Offering non-truthful answers will lead the WCJ to find you not credible and may lead to the denial of the claim. Just be truthful. Here is a blog article I wrote regarding expectations of questions at a workers’ compensation hearing.
Employer Deposition:
Later in your workers’ compensation case, a deposition may take place with employer fact witnesses (es). These witnesses from the employer may testify regarding the facts surrounding the injury, the mechanism of injury, and the reporting of the injury (notice), among other things. Fact witnesses also testify regarding light-duty job offers made to an injured worker.
Just like claimant testimony, both attorneys have the opportunity to ask these witnesses questions. Typically, the defense attorney will go first in direct examination, and then the attorney for the injured worker has the right to cross-examination. The injured worker may or may not be present for this deposition, but certainly has a right to be present. Likewise, the transcript is uploaded and used as evidence in the case and will be read by the WCJ.
Medical Deposition(s):
In a workers’ compensation case that goes through the whole litigation process to the WCJ for a decision, two medical depositions may take place. One of those depositions will be of the injured worker’s treating doctor. The second will be the doctor for the defendant. The defendant’s doctor likely performed an ‘independent’ medical examination of the injured worker or may have completed a medical records review. However, in cases that are more complex or involve multiple, but unrelated body parts (as an example, low back and concussion), there may be more than just two doctors who testify by deposition.
The injured worker is usually not present at these depositions. These depositions will either take place by video or at the doctor’s office. During and now post-pandemic, these medical depositions are frequently taking place by video. Present for these depositions are the injured worker’s attorney, the attorney for the Defendant, a court reporter, and the doctor.
These depositions are extremely important in a workers’ compensation case. The deposition of the treating doctor is important because it allows the doctor to explain the history of the injury, the examination and follow-up examinations, the results of tests, such as X-Rays and MRIs, the need for or the fact that the injured worker underwent surgery, work restrictions, future treatment, and the doctor’s prognosis for recovery. The doctor will also be asked to give opinions on the IME doctor’s opinions and report. It allows an opportunity for the treating doctor to refute the IME. The doctor will also be asked questions regarding the actual description of injury, compared to the injury description the defendant doctor provided or the insurance carrier accepted. The doctor will also be asked questions on the causal relationship between the medical condition and the work injury.
Likewise, the IME doctor will also be deposed by the defendant, and the injured worker’s attorney will cross-examine the doctor. Cross-examination can be effective in undermining the IME doctor’s opinion and establishing that the opinion is different from the treating doctors and perhaps other medical records.
Both doctors must testify and provide opinions within a ‘reasonable degree of medical certainty’ as required by the Court. Again, these transcripts of the doctor depositions will be uploaded as evidence in the case and will be read by the WCJ deciding the case.
As you can see, workers’ compensation can be quite complex with different testimonies given and evidence submitted. If you have been injured at work, you should immediately engage an experienced workers’ compensation attorney. With Mooney Law, you get experienced, trusted, dedicated, and proven workers’ compensation representation. We have collected tens of millions of dollars in benefits for injured workers throughout Pennsylvania. Our firm does not just try and get a quick settlement fee. Settlements must be in the best interest of the injured worker. At Mooney Law, we are prepared to litigate and have litigated hundreds of cases to a decision. Call today for an absolutely FREE consultation. Call 717-200-HELP or 717-632-4656. You can also email us a request for consultation at info@mooney4law.com.
