Did this lawyer lie to me?
I had a workers comp hearing today. I brought my witnesses there after discussing it with my liason but I did not tell the employer's lawyer that I was bringing witnesses so he asked why they were there. I told them that they were going to be witnesses for my hospitalization. He said I could not testify what the doctor said to me or my parents because it would be hearsay. That we had to go by the medical report. Here is the clincher: the Dr said to my parents and I that it was work related, but the Dr put that he suspected that it was due to repetitive motion so the attorney used that as his defense. If I appeal, I am going to bring the Dr for testimony, but my question is did he lie to me saying that is hearsay. My def of hearsay would be telling YOU what happened and you being a witness and telling the attorney. WE were there, we know what the doctor said. I think he was just pissed I didn't give warning but I forgot. Am I right? Did he lie to me?
Answers:
Although you could argue that it wasn't hearsay, since you could offer it not "for the truth of the matter asserted", but rather to the extent of the fact that the doctor did say it...in other words, you could offer that the doctor SAID "X" without reference to the fact of whether X was true or not.
No. He didn't lie to you. The doctor would have to testify to what the doctor said, not you. You would be testifying on what you heard. Heresay.
The Federal Rules of Evidence provide a general definition of hearsay as a "statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."
http://dictionary.reference.com/browse/h...
Here are the definitions of hearsay. If you are concerned contact another attorney and ask them.
First, I'm no attorney so this is an educated by the system guess. Hearsay is when I tell you something and try to say you are a witness. In otherwords second-hand info. You and your parents have first hand knowledge of what was said but, if the doctor writes something else in his report you'll be hard-pressed to get it by a judge. Oklahoma's State Ins. Fund uses this same type of crooked doctor in their cases. I was hurt OTJ, and went to a chiropractor. I contacted my employer and stated his name, and locale. Now, in my line of work it is common place to get hurt. My boss and I were rushed to the ER for this and told to take 3 days off. Both refused. Financial and Child Support issues just do not care why you aren't able to pay. We went directly back until it was such a problem that I barely got out of my bathtub. I had strained a disk in my back as a result of a 30' fall, which I landed on a piece of pipe and something stabbed me in the back just below my shoulder blade. About 1 month later we were working with HEAVY pipe and my shoulder popped. I thought nothing of it until I got in the tub that night. I almost couldn't get out. I called my job and told them I only wanted it fixed. Well, after 8+ mos. of 3xweekly visits the Dr. said he could do no more for me. I called and asked for a diff. Dr. who might fix me. Their Dr. prescribed pain killers and muscle relaxers and told me to do stretching exercises for two weeks. After 2 weeks he told me I was fine go to work. Needless to say that this Dr. has many security people on staff bc of his attitude towards people. He is 1 example of a system that doesn't work for us. He works for the State Ins. Fund. To top it all he still sends me advertisements in the mail. Oh yeah, the Work Comp sent me 1 check in 8 mos. and only after I called to complain after 3 mos. with no help. They use and abuse their own system. You mioght want to seek a better atty. although they could care less. They will barter and deal the settlement for you as low as possible, TRUST ME I KNOW.
No he did not lie to you, you cannot testify to what someone else said. And why would he lie? And why would you show up at a hearing with "witnesses" without consulting your attorney?
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