Legal Question in Workers Comp in Arizona

i have received a notice of taking deposition is this action Mandatory or optional ??


Asked on 3/05/11, 7:39 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

If you have a hearing scheduled, then you must comply with the Industrial Commission rules concerning pre-hearing "discovery," which is the procedure for finding out what the other side is going to present in the hearing. They have the right to ask you questions, under oath, with a court reporter typing up everything that is said into a booklet. At your hearing, your deposition testimony is not admissible unless you change your testimony from what you said at the deposition.

You also may be asked to answer up to 25 written questions called Interrogatories, and you might be scheduled for an examination by one or more doctors chosen by the defense attorney. These are all mandatory.

You can find a video and other materials about hearings and hearing preparation at the Industrial Commission of Arizona website, along with a copy of the rules you must follow. (See http://www.ica.state.az.us/ALJ/ALJ_Video_Support.aspx)

Depending on what's at stake in your hearing, you may be able to get a lawyer to represent you without money up front. I highly recommend that you consult with an attorney who is a board-certified specialist in workers' compensation law (like me.)

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Answered on 3/06/11, 1:27 pm


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