On the record
You are considered the DIA's expert.
Both parties may cross-examine you. You choose the time and place -- usually in your office. Currently, the attorney for the party that asked for the deposition pays you $750 in advance for up to 2 hours and each additional hour (up to 2 hours) will be $150 per hour.
Depositions occur after the Hearing, unlike in the trial court where they take place before.
Your answers to questions asked at the deposition help the judge determine the medical facts. You play a critical role in enabling the judge to make an accurate appraisal of an employee's condition.
Depositions may not last longer than 3 hours unless you, and the judge, agree. With seasoned workers' compensation attorneys, depositions last one hour or less. (They lay a foundation, ask questions, and leave.)
A party to the case may often try to establish that your report is "inadequate" in some way, or that the medical issues are so "complex" that additional medical evidence should be allowed into the record by the presiding judge.
"Impartial" does not mean "indecisive." Be prepared to explain and defend your findings and opinions, and to respond to hypothetical questions.
Any change in your opinion should be for substantive reasons. If you are unable be deposed, your report is of no use to the department. Let us know of any anticipated retirement, practice relocation, vacation, or any foreseeable unavailability.