What is a deposition in an Arizona Workers' Compensation case?

If you're an injured worker in Arizona navigating the workers' compensation system, you might hear about various legal processes, including "depositions." Understanding what a deposition is and how it functions can help you feel more prepared.

What is a Deposition?

A deposition is an oral question-and-answer session. This session is usually conducted by video conference or by telephone. It's a key part of "discovery," which is the process for exchanging information before a hearing.

Why are Depositions Conducted?

Depositions allow parties in a workers' compensation case to gather information and testimony under oath before a formal hearing. Your answers will be under oath and recorded by a court reporter. The Administrative Law Judge (ALJ) is not present during a deposition.

Your Responsibilities Regarding a Deposition

If you receive a Notice of Deposition, you must participate. You can ask the defendants' lawyer to change the date or time of the deposition, but they are not required to reset it.

It's crucial to understand that you are required to cooperate in the discovery process, which includes attending depositions, signing medical releases, and answering interrogatories.

Your Rights During a Deposition

While you are required to participate, you also have certain rights:

• You must be provided with a notice of deposition.

• Copies of the notice must be served upon you and every interested party at least five days prior to the date of the deposition.

• If you have any objection to the deposition being taken, you can file written objections with the Administrative Law Judge (ALJ)

• The expense of taking the deposition shall be borne by the party taking it, and this does not include the expense of any other interested party.

• The Arizona Rules of Civil Procedure govern the taking of depositions.

How Deposition Testimony is Used

The answers you provide during a deposition are under oath and recorded by a court reporter. This testimony can be used at the time of a hearing for impeachment of a witness. Additionally, a deposition transcript may be admitted into evidence if the deponent (the person being questioned) is deceased or a non-party witness is unavailable at the time of the scheduled hearing. If an interested party intends to introduce the transcript into evidence, it must be filed with the ALJ at least 15 days prior to the hearing date. Otherwise, it will not be considered for any purpose except by stipulation of all interested parties and with the concurrence of the ALJ.

Consequences of Non-Compliance

Failing to appear at a deposition can have serious repercussions for your claim . If you willfully fail to appear after being served with proper notice, the presiding ALJ, on motion, may dismiss the action . When an applicant willfully refuses to cooperate and establishes a pattern of failure to cooperate, especially if the employer or carrier has suffered prejudice, sanctions are appropriate .

In such cases, it may be inferred that you have abandoned your request for a hearing, and you may be deemed to have waived your right to a hearing . While the "ultimate sanction of dismissal" should only be imposed under extreme circumstances , the importance of attending and cooperating with depositions cannot be overstated.

Travel for Depositions

It's also worth noting that injuries sustained while traveling to attend a deposition in your workers' compensation claim are generally not compensable as part of your employment. This differs from travel for medical treatment for a compensable industrial injury, which is usually compensable. The distinction lies in the fact that, unlike the duty to submit to reasonable medical care, an employee is under no duty to pursue a compensation claim. Therefore, travel to a deposition is not "impliedly authorized by the employer" as part of the employment.

Understanding the deposition process is an important part of navigating your Arizona workers' compensation claim effectively.