Greetings,

As Halloween approaches, I am reminded that I fear a lot of things (scary clowns in the woods, big spiders, etc…), but one thing that I do not fear is an adjuster deposition.

In this new post-Castellanos environment, adjuster depositions are inevitable.  Claimant’s attorneys set these almost automatically on every file, and they have a right to do so.   Sometimes these are set truly to advance the claim, but sometimes  these are set for the purpose of securing/confirming their entitlement to a fee, to build their hours or to intimidate the adjuster. 

Don’t fear your depo.   Embrace it as an opportunity to really dig into the file, clean up issues, and come up with a plan to resolve the whole claim or at least the remaining issues before trial.   Sometimes the reason something was denied has changed, and if so, providing the benefit and stipulating to fees will cancel the depo.

Some of the keys to having your deposition go as smoothly as possible:

1. Be prepared.   Have the file organized and printed.  Conference with your defense attorney as to the issues and likely questions. 
2. Have the PFB’s, responses, denials, wage statement and payout printed and ready.  Almost every deposition will go over these documents.
3. Be professional and polite, not combative.  Even if the claimant’s attorney goes low, take the high road and don’t sink to their level.
4. Know the authorized providers and the information about any 1-time changes
5. Know the issues on the PFB’s and the reasons for the denial.
6. Have settlement authority so you can discuss that with OC.

Your depo is unavoidable in most cases, so make the best of it.   Our firm offers a CEU on preparing for and having your depo taken, let me know if you’d like to have it scheduled.

Sincerely, Morgan Indek | Partner