Legal Question in Workers Comp in Pennsylvania
I currently work in a doctors office. One of our doctors did an independent medical exam for a workmens comp case. I was the nurse that took the patients chief complain, history this was about two years ago. I did make a note in her chart at my supervisors request about how vague and poor historian she was. Recently i got an email in my personal email from a paralegal asking me to set up a deposition about what i had documented in the patient's chart. apparently the patient is sueing the temp agency she worked for as well as workmens comp. the depostion request came from workmens comp. My employer has forwarded all this information to the practice attorney and has instructed me not to speak to anyone until we here from the practice attorney. Recently I accepted another job at another practice, how is this going to affect the depostion, and i am wondering if my current employer's attorney still has to handle the case and represent me even if i work at another practice. ( I am leaving the practice due to hours and location; nothing to do with the current issue) I have not been "served", just an email requesting a depostion and a investigator left a message on my cell phone. I have no idea how they got my phone number.
2 Answers from Attorneys
Unless you receive a subpoena from the Worker's Compensation Judge, I don't believe you any obligation to appear at the deposition. Because you did participate in the IME, however, such a subpoena would probably be easy for the injured worker's attorney to obtain. The same lawyers who represent the practice would be the ones to advise you on the issue, as you were an employee of that practice when the IME was performed. As far as your new job, they can't object if you get a subpoena, because they have nothing to do with the case. If you testify, simply tell the truth to the best of your knowledge. You can not be held liable for any thing you did. Still, I would request from the paralegal that she serve you with a subpoena before you testify. This protects you in your new job and you should be compensated for any loss of wages or expenses connected with your testimony.
good advice from Attorney Solomon. Follow it.
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