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depositions

Discussion in 'Workers Compensation' started by moe15, Aug 24, 2004.

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  1. moe15

    moe15 Law Topic Starter New Member

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    I filed a request for a hearing back in Feb 04 because of reduced earnings.
    In April there was a hearing where the judge said to have the lawyers get doctors depositions by 06/08/04. When it came time for that hearing, nothing was done. The judge then said that the depositions needed to be done by 07/26/04. I now have a hearing Aug 30th which is supposed to settle this issue, and not all of the depositions are completed. One of the docs is scheduled in Sept. Isn't there anything I can do?
    I don't understand how this can be dragged out so long. How can they all get away with it? (judge, ins. co., and my lawyer)
    What should I be doing? Can I file a complaint or something?
     
  2. charlesesq

    charlesesq New Member

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    I could be wrong but there should be provisions in either state law or Labor Law to deal with delays. Some laws that deal with them (that my not be applicable) include Califonia Labor Code Section 5814. I believe that it deals with unreasonable delays.

    Note that sometimes cases can be adjourned because the circumstances just don't work out. Sides are entitled to some adjournments which, I will concede, can sometimes be abused to a degree. At this point the two month delay is very aggravating I can understand. But why would your lawyer intentionally do this to you? Did you ask your lawyer how the delays could be permitted? Why don't you state more about what the circumstances were regarding the delays.
     

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