workers comp deposition now what is happening?
sorry for the confusion from last post here .i went to my first depositionn 2 days ago my claim has been denied since day one ,so was wondering is only been like 7 months im still the same as regards to my injury since insurance has denie my claim i have to wait .so this deposition that i had what does this tell the insurance can they change there mind to accept my claim or what are deposition for? lawyer told me is going to help me more…so now what is the insurance going to do?
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Sure they can change their mind.
As you have an attorney, he’s got the information to give you an accurate answer.
We have no idea why your insurance company denied the claim in the first place, so it’s pretty impossible to say if they’ll change their mind or not. It’s highly unlikely there’s “new” information in the deposition, that they didn’t have before.
But it’s a step in the legal process, which is why you had to do it.
this seems bit confusing to me. ask your attorney or if you live in CA then ask – http://www.rghins.com/ for better result.
The insurance company can change their mind anytime they want. The reason for depositions is to get more information that can help you get that claim from denied to acceptance status. Some depositions help and some don’t help. The insurance company will be also getting depositions from the same people and vice versa.
So the insurance company will do a deposition of your doctors, and whoever is involved with your claim.
Depositions are held to develope the record in your claim. There is
nothing likely provided in a deposition that would cause the IC to
change their minds. \ WC claims are based almost entirely on
medical evidence. No one is disputing you are injured, and there is
no fault in a WC claim. What you have to prove is the eligibility
for benefits you are claiming. Seven months is a inappropriate
amount of time to determine compensability in a claim. If you are
in Calif, the employer/carrier has 90 days to investigate a claim,
or begin paying benefits. If the claim is denied, you go to AME if
you have an atty, if not you see a PQME, and resolve the issue. Or,
you file a DOR/declaration of readiness to proceed, and go to a
judge to order the compensablity of the claim one way or the other.
You are waaaaaay beyond the process here.