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What is discovery in a workers’ compensation case?

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The normal discovery that takes place in a workers’ compensation case is that the insurance company, the attorneys for the insurance companies are allowed to take an applicant’s deposition. A deposition is a question and answer period that is under oath and that is being recorded by a court reporter. It’s a very important process. It’s really the defense’s only chance to have formal discovery. They’re able to do other methods of discovery by way of reviewing your medical records in the past and trying to get any information through other employers, but directly to an applicant, the only formal way of discovery is through the deposition process.

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