Depositions
THE MOST DIRECT WAY TO GET
WORKERS’ COMPENSATION PRESCRIPTIONS TO THE INJURED WORKER
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dispute, claimant’s counsel should attempt to negotiate with the defense on an agreed statement of facts. If the negotiations fail, draft Requests for Admissions to lock in the pertinent facts. Te Admissions should be based directly on the testimony from the Commission hearing transcript.
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De Bene Esse Depositions If the case will be a jury trial, presenting your doctor on
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7.25”w x 4.75”h —
PUBLICATION(S):
the record is essential. Te typical workers’ compensation appeal will not justify the expense of live medical testimony. Te charge for a doctor’s de bene esse deposition fluctuates depending on the doctor’s specialty. Te charge per hour may range between $450.00/hour (psychiatrist) to $950.00/hour (orthopedist). Some physicians also require a two-hour minimum. Add the cost of a videographer ($200.00-$250.00) and the court reporter and you may easily surpass $2,000.00 for a de bene esse deposition.
Closing
Employers and insurers will always be in a superior position to bear the costs of any workers’ compensation litigation. If a claimant successfully defends an appeal filed by the employer and insurer, the employer and insurer should bear the responsibility for reasonable attorneys’ fees and costs incurred by the claimant during the defense. Tis is the procedure under the Longshore and Harbor Workers’ Compensation Act. 33 U.S.C. § 928.
Biography James A. Lanier is an associate of the Law Offices of
ACCT SERVICE PROD PROOFING
Peter T. Nicholl. He represents individuals in the areas of product liability, with a focus on asbestos exposure, workers’ compensation and personal injury. Mr. Lanier is a member of the Maryland Association for Justice and is the co-chair of the MAJ’s workers’ compensation section. Mr. Lanier acted as the chair for the MAJ’s workers’ compensation section’s jury instruction committee. He also acted as one of the employee representatives for the Maryland State Bar Association’s workers’ compensation jury instruction committee and the Maryland Workers’ Compensation Commission’s committee to reform the dependency benefits statutes. In 2008, he spoke as part of a legal ethics panel for the Maryland Workers’ Compensation Education Association’s (MWCEA) conference. He received his B.S. degree from Towson State University and his J.D. degree from the University of Baltimore. He is a member of the MSBA, the Frederick County Bar Association and the Carroll County Bar Association.
Trial Reporter / Winter 2011 37
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DATE: 11/3/10 InDesign
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• With IWP there’s no out-of-pocket expense for the patient, physician or attorney.
• IWP will allow you to spend less time and energy on paperwork and more time on your case.
www.IWPharmacy.com Whenever faced with a workers’ compensation appeal,
TRAFFIC: AE:
JOB: 10-IWP-147 Erica H.
Stef H. DESIGNER: Brooke
consider how to gather information in the most cost-effective manner. Every dollar spent is a dollar not recoverable to the claimant. For a variety of appellate workers’ compensation issues, discovery depositions are not the most cost-effective way of handling evidentiary issues.
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