Depositions
From the $12,880, the attorney’s fee (10% for TTD and either an additional 2.5% or 5% for the appeal) and trial expenses are deducted. Te claimant receives the remainder. Te cost of an average discovery deposition for my office is $250.00-$400.00 for lay witness and $400.00-$600.00 for an expert witness. Assume $445.00 for various trial expenses ($200.00 mediation fee, $145.00 court costs, $100.00 for the workers’ compensation hearing transcript, etc.) After all the deductions, the claimant receives approximately $10,000.00. Te amount in controversy for a high wage earner barely is above an amount in controversy of a typical District Court case. Imagine a laborer earning $15.00 an hour. Her AWW is $600.00 with a TTD rate of $402.00. If that claimant is out for the same fourteen weeks, the gross amount in controversy is $5,628.00. Assuming the same trial expenses, the claimant will recover below $4,000.00. Now we are dealing with amounts in controversy not much greater than small claims. Even though you are trying to secure the authorization of medical treatment or are defending the award that authorized medical treatment, payments for those services do not go to the claimant. Payment for the medical services is made directly to the medical provider. Te medical provider does not pay you for your efforts. Unlike a motor vehicle tort claim, you have no ability to negotiate down the amount of a medical provider’s lien to garner more money for the claimant.
Defense counsel will conduct discovery deposition of most,
if not all, fact witnesses. You may save costs by either ordering a transcript copy or by requesting a copy of the transcript from the defense as part of discovery. If my claimant is being deposed, I usually do not order the transcript. As it is nearly impossible for the party that noted the appeal to be granted summary judgment due to the presumption of correctness of the Commission’s decision, you will not need transcripts as motion exhibits. See, Baltimore County v. Kelly, 391 Md. 64 (2006). If you filed the appeal, you are not likely going to be granted summary judgment. If you are defending the appeal, you may rely on the presumption of correctness of the Commission’s Order.
Other Discovery Tools Discovery depositions in workers’ compensation appeals
may in fact be unnecessary in most cases. In the majority of appeals, the witnesses on appeal will be the same as those who testified at the Commission. Te hearing acts as your first “discovery” deposition. Because of the hearing, you already have all your client’s medical reports and the defense’s Insurance Medical Exam report. You also know what, if any, fact witnesses the defense will call at trial and generally how those witnesses will testify. Tere is also a less expensive alternative to discovery depositions: Requests for Admissions. If the facts are not in
Construction / Building Systems Electrical Systems
HVAC Systems
Expert: Daryl Ebersole, P.E. Investigates injuries and losses related to:
• Shocks and Electrocutions • Lightning Damage • Electrical Transmission and Distribution • Electrical Fires • Utility Pole Line Issues • Contractual Evaluations
Construction / Construction Injuries
Expert: Brent Leisenring, P.E. Investigates injuries and losses related to:
• Falls from Floor / Roof Openings & Edges • Cranes and Rigging • Defects and Failures • Construction Safety • Construction-Related Claims • Means and Methods
Expert: David Caggiano P.E., LEED AP Investigates injuries and losses related to:
• Carbon Monoxide Poisoning • Temperature / Humidity Control • Airflow Delivery and System Design • Heating / AC equipment Design • Installation / Maintenance Issues • Water Leaks / Damage
Architecture
Expert: Lawrence C. Dinoff, A.I.A., NCARB Investigates injuries and losses related to:
• Premises Safety • Walkways and Stairs • Building and Site Design • Building Failures • Construction Cost Claims • Designer Errors and Omissions
Engineers, Architects, Scientists & Fire Investigators 36 Trial Reporter / Winter 2011
www.robsonforensic.com 800.813.6736
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