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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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I'm in pro per because no Attorney will accept my as a

Customer Question

I'm in pro per because no Attorney will accept my as a client because the Workers' Compensation Judge ruled against me, but I reopened it. My Workers' Compensation treating doctor is a podiatrist. Since the court initially denied my claim, I am not being treated. The same Judge however, ordered a Panel QME for cognitive impairment which was diagnosed at the Veterans Administration (VA). The Judge said until I see a neuropsycholigist to confirm what the VA has diagnosed me with. However, I had a trial on 7 January this year which was with a different Judge and it was supposed to be strictly to the injury to my left shoulder, however, the defense asked questions regarding my memory, which is being ajudicated with another with the judge who ordered the Neuropsycologist QME exam. Until that exam takes place next week, the case does not go forward until the results from the QME report is completed. I failed to mention that he said (the QME) who hurt me, lied during a deposition, which he repeated the same thing and other lies. I talked to a malpractice attorney, but was informed since the injury occurred in December, 2013, I can't sue. This is why I asked if the workers comp insurance carrier would be responsible for this injury. I been getting treatment at the VA, but they don't want to get involved. My VA doctor did write a letter stating the QME report has errors in fact and that I was injured during his exam. I'm not sure if he can testify since he works for the Federal Government. Any other suggestions as to how I can move forward without him testifying? I look forward to your response. Thank you!
Submitted: 10 months ago.
Category: Legal
Expert:  N Cal Attorney replied 10 months ago.

Thank you for your question.

The letter from the VA doctor can be excluded as hearsay if an objection is made. You need the doctor to testify. It does not matter who he works for, he can be subpoenaed the same as any other witness.

§10530. Subpoenas.

The Workers' Compensation Appeals Board shall issue subpoenas and subpoenas duces tecum upon request in accordance with the provisions of Code of Civil Procedure sections 1985 and 1987.5 and Government Code section 68097.1. Subpoenas and subpoenas duces tecum shall be on forms prescribed and approved by the Appeals Board, and for injuries occurring on or after January 1, 1990, shall contain, in addition to the requirements of Code of Civil Procedure 1985, an affidavit that a claim form has been duly filed pursuant to Labor Code section 5401, subdivision (c).

via

https://www.dir.ca.gov/t8/ch4_5sb2a7.html

I hope this information is helpful.

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