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Ok but how to I subpoena him for a deposition? Where do I get the subpoena from, workers comp or the circuit court? Do I have to file a new claim or use the claim number I already have?
Actually it was dismissed by the circuit court for being filed a day late while the petition sat in the post office. It has already been to both state appeal courts and the court of special appeals agreed to strike a recording of the witness. I am currently thinking about an appeal to the US Supreme Court and I assume I have 90 days from the Court of Appeals denial of my writ of certiorari to get that deposition.
I had already had 3 wintnesses show up for the work comp hearing but the comissioner wouldn't allow any testimony, only took it under profer what they would say. A couple of years ago before I had a hearing in cumberland MD the comissioner's secretary told me that the comissioner said if I had a recording to bring it with me and something to play it in, but I moved the hearing to baltimore so the witnesses wouldn't have to drive 3 hours.
So, I have never had any witness ever testify and the emplorer/insurer is trying to say the injury never happened. This is the second time around with the very same case. I filed back in like 2002 but that was dismissed, too because my witness was actually in the Iraq war. I know I filed late, the injury ocurred in 1993 but I was told by my boss I wasn't covered under work comp. I believed him because I was caryying my toolbox across the shop floor before my first day of work, when the other mechanic dropped his end, bringing my lower back slamming to the ground as the 400 lb tool box, torn ligaments, cartiledge, muscle and damaged nerves the doctor said.
The judge at circuit court back in like 2003 or so, did say "I believe something occurred on that day in question but without any colaberating testimony, I will have to rule in favor of the emplorer/insurer."
Then I lost again on appeal.
Then I found out my witness, a mechanic there was the new owner and I already recorded him back in 2000, before 911 and the war. I was and am still hoping to defeat "res judicata", because of fraud.
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