Legal Question in Workers Comp in Florida

Does the attorney for work comp carrier have to dipose doctors first? And if so will it cost me to cross examine if I'm handling my own case

Asked on 6/08/13, 11:50 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

No the records of a treating physician can come into evidence without a deposition. If the carrier sets a doctor's deposition, you can cross examine without paying for that. It is not a good idea to handle the case on your own. All worker's compensation cases are handled on a contingency basis and if there is a reasonable expectation that you will receive the benefits sought, you should be able to find an attorney.

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Answered on 6/08/13, 12:11 pm
Jane-Robin Wender JANE-ROBIN WENDER, P.A.

No. You have the burden of proof, the carrier doesn't have to depose anyone. As for the medical records as addressed by Barry above, he's right but if you are the person who has posted about going to trial in 3 weeks, you need yo know that the records had to have been provided to the other side no less than 30 days before trial. And sometimes the medical records do not flat out say what needs to be said on the specific issue, in which case, the doctor needs to be deposed. As Barry said, if you have a viable case, a competent WC attorney should be willing to take it.

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Answered on 6/08/13, 7:55 pm


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