I am a Plaintiff in a WC case in CA. How many times can they take my deposition. It was taken 5 years ago. If answer is in law books I need to know where.
Answer
Unless there has been a significant changes in circumstances, for example you have amended the application or sought treatment for new body parts, or you are claiming diminished future earnings etc, defendants are not entitled to another deposition unless they left the record open on the first one. If so, there will be a statement regarding future depositions in the first deposition.
Answer
Most Workers Comp judges at your Pomona & Anaheim WCAB offices *nearest your 91761 zip, would permit another depo about your activities since the last deposition ended 5 years back.
Trouble is, once the questions begin, if they ask a question requesting similar information from the deposition 5 years back, you MIGHT answer slightly differently, which would be used against you.
AS I ANSWERED your question in Law Q&A today, GET THE TRANSCRIPT FROM DEPOSITOIN NUMBER ONE. you'll want to memorize as much as you can. you'll definitely want it in front of you so if your attorney doesn't object "ASKED & ANSWERED" if an old question is repeated, YOU will know from re-reading the transcript that this question was already asked and answered.
DO NOT GO FORWARD WITH volume II of the deposition unless and until you have the first transcript in hand with a few days to re-read it.
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