Limited Second Deposition

Deberry v. City and County of San Francisco (BPD) ( 2014 Cal. Wrk. Comp. P.D. LEXIS 708):


The WCJ , regarding a dispute over a requested second deposition, allowed the second deposition. However, it limited each party to 50 questions of the applicant at the second deposition.


The WCAB granted removal.


The WCAB found that the applicant’s alleged industrial injury to her psyche, but also may have been a victim of domestic violence. The WCJ limited the questioning to protect the applicant from unnecessary and prolonged emotional trauma, but the WCAB found the 50-question limit was not justified, but was arbitrary and unrelated to any issues that may be raised in a subsequent deposition.


The WCAB explained that by alleging injury to her psyche the applicant placed her psychiatric condition in issue.  The applicant therefore should be prepared to answer questions related to such issues under LC 3208.3.


The WCAB found that incidents of domestic violence, if any, may be relevant to issues of causation and apportionment.


The WCAB also expected the defendant to comply with CCP 2025.420, which prohibits examination conducted in bad faith or in a manner that unreasonably annoys, embarrasses or oppresses the deponent.

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