WCDefenseCA

One of the most romantic things a man and woman can ever do is to get married in a spur-of-the-moment event with the overarching goal of avoiding being forced to testify at a deposition in the other’s workers’ compensation case.

Applicant, in the case of Ricardo Mota v. Cast Aluminum & Brass Corporation, testified at a deposition to having, in the past, had a drug abuse problem.  When pressed for details, he testified that his “wife” knew about them.  Defendant’s investigation revealed that Mr. Mota’s “wife” was actually his long-term girlfriend, and so objected to applicant’s raising of the marital privilege against having this “wife” testify against applicant.

Defendant noticed applicant’s “wife’s” deposition, setting if for October 20, 2011.  On October 19, 2011, at 4:31 in the afternoon, defendant’s attorney’s office received a license and certificate of marriage showing that applicant and his wife were now married (as of October 12, 2011).

The workers’ compensation Judge declined to issue an order compelling the new Mrs. Mota to appear and testify at her deposition, citing Evidence Code section 970.  The Workers’ Compensation Appeals Board also declined to grant defendant’s petition for removal, incorporating the WCJ’s report and recommendation.

It looks like the rules of Evidence do apply in workers’ compensation (sometimes).  In any case, your still-cynical blogger is happy to report that love is alive and well, even in the workers’ compensation system.  Happy Valentines day!