The injured worker must prove everything. Including that an accident happened, and that medical treatment is related to the injury. The way to prove that your medical condition and treatment is related is to have your doctor write a report stating his opinion on this issue. The insurance company attorney can object to the report. This means the doctor must testify.
In Illinois Workers’ Compensation cases doctors do not testify live at your trial. The doctor testifies in his office and a court reporter takes down the testimony. Your attorney asks the doctor questions, and then the insurance company lawyer asks the doctor questions. The Arbitrator will read the deposition transcript after you testify, and she will also read the medical records and come to a decision.
Depositions often take some weeks to months to schedule because the doctor is usually very busy. The doctor has to take one hour to one hour and one-half for the deposition. Once the deposition or depositions are completed the case can be scheduled for trial in a relatively short time.