Visitor Question

Questioning the plaintiff’s doctor in workers compensation hearing…

Submitted By: Lisa (Mesa, AZ)

What are the top questions that should be asked of the plaintiff’s doctor in a workers compensation hearing for carpal tunnel (caused by work activities – keyboarding)? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lisa,

We will presume the physician you’re referring to is the one to be called as a witness for the state. As you know in a Workers Compensation hearing you are permitted to call your own witnesses, including a physician you think will be helpful to your case. It would be important for us to know if the physician to be questioned had previously examined you for this injury.

The most important questions to be asked of a physician during a Workers Compensation hearing, deposition, or trial must be based upon the specific facts underlying the injury, including, but not limited to, pre-existing injuries, access to preventative measures, and work environment.

Some of the more incisive questions to ask the physician on cross-examination should be:

-Her education

-Her work experience

-Her field of specialty, if any

-Whether she is board certified in her field

-If she has ever been disciplined or censured by any medical board

-How many times she has testified in Worker’s Compensation Hearings

-How many times she has testified on behalf of the state

-How many times she has testified on behalf of an injured party

-How much the State has paid her for coming to testify at the hearing

-How much income she derived last year from testifying for the state

-What she is basing her testimony on

-What measurement device she normally uses to estimate degree of injury and extent of disability.

These are some of the more important questions which should be use to set the basis of the physician’s cross-examination.

To be effective though, you must become thoroughly familiar with your specific injury, including its treatment, diagnosis and prognosis. The more you know about these things the more effective your cross-examination will be.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 11, 2017

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