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Can someone explain to me how worker's comp depos are charged? I'm not asking for page prices. I'm just wondering what the rule is about the party for the insurance company paying for the O & 2 with one of those copies going to the applicant. That's the way I've seen it and been paid for years. Now I'm noticing that some firms are only paying me for an O & 1cc for workers' comp.
Unless the rules have changed in WC cases, your agency may be keeping the extra money. It is always an automatic 0&2. I've done plenty of WC depos, and even when the witness is representing himself and not present at a doctor depo the defense is taking, I always make sure the applicant gets a copy of the doctor's depo.
I'm working on a case now where the defense attorney deposed two witnesses in a comp case. Applicant's attorney does not represent either witness, and he didn't even show up for either depo. In this case, would it be billed an O&1, or is it still O&2? I'm thinking applicant attorney wouldn't get a free copy in this case. Never had this situation before. I've only dealt with applicants and doctors.
Are the witnesses a witness to the accident and testifying about the injured worker? If so, I think the applicant or his attorney is still entitled to a copy. It still would be the same if the applicant's attorney showed up to question the witnesses himself, he is still entitled to a copy because he represents the applicant, and the depositions are paid for by the insurance company.
They were both witnesses as to what the applicant could or couldn't do after the injury. They were both roommates of the applicant.
I think you should still bill as an 0&2 and send the copy to the applicant's attorney since the applicant is entitled to it.