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Brainiacs: hearsay
In Project: Brainiacs

Brainiacs show live on Jan. 11, 2014 is two days short of the anniversary of Paula's date of injury (DOI) of her traumatic brain injury on the U.S. Home Corporation jobsite -- 14 years ago. 

Four ballot initiatives Paula thinks should be submitted are presented for your viewing pleasure.

Also, Paula gets down to some of her legal studies, including Dean Wigmore's discussions of the hearsay rule and exceptions, including:  if the witness is available for testifying in hearing, then the depositions are inapplicable.

This strikes squarely at Judge Michael Harr's intentional denial of her due process rights to call and cross examine witnesses -- in this case Dr. Hipskind -- whose affidavit indicated Paula's Paxil prescription at high dosage was probably the cause of her nervous breakdown. By declaring she had to depose Dr. Hipskind, who lived out of state, and who was willing to testify by phone, Judge Harr denied Paula's Constitutional rights, and also denied a fair hearing.  This was for the benefit of defense, because it made Dr. Hipskind's affidavit something the defense could not cross examine Dr. Hipskind about, so it was excluded.

BTW: medical disinformation such as an incorrect prescription is a reason to suspend the statute of limitations.

But Judge Harr already misapplied the law on that one anyway:  if your employer had actual knowledge or written notice of your injury, but did not file proper notification to the Colorado Worker's Comp Division, the statute of limitations cannot begin to run until they do. Further, the employer was not prejudiced and the statute of limitations cannot be used as a reason to deny a claim, according to 82 Am. Jur. 2d, Section 491 through 501.

Published: 1/11/2014 0 Comments
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Producer: prhoads
Locally Produced: Local Production
Theme: Community Issues and Advocacy
In Project: Brainiacs
License: Attribution-NonCommercial-ShareAlike 3.0 Generic
Rating: TV-14
Language: English