Board:
Below is an email from a Judge Philip A. Baddour, III referencing a case before the North Carolina Industrial Commission. In the case, I received a subpoena. Yes, I did testify.
The plaintiff was an employee of the University Public Safety. The plaintiff was a uniformed, law enforcement officer. The judge did not rule in favor of the plaintiff.
This is what can happen when one serves as an emergency medical technician (EMT).
Owing to HIPAA and a general respect for a patient's identity and health status, a healthcare provider cannot openly discuss everything. When the plaintiff filed suit, HIPAA no longer applied.
This case involved Orange County government. At my deposition, an attorney representing Orange County government was present. Therefore, one can imagine that the current Board members are able to read the entire case.
Please, read my deposition. I will never suggest to a friend the services of the plaintiff's attorney. Their questions to me are suitable for law students to understand how not to depose a witness.
In all my days of visiting my alma mater, I never again saw the plaintiff in uniform.
It is understandable if one were to read the publicly available information to then ponder if the plaintiff should be able to perform as a law enforcement officer ever again. It is understandable that one may wish to make a public record request to the University in order to learn if UNC Public Safety, or any other representative of the University, ever informed the District Attorney's Office about the plaintiff's ability to testify in court.
It is understandable if one may wish to make a public record request if UNC Public Safety, or any other representative of the University, ever informed whichever state government agency licenses or otherwise certifies law enforcement officers and security guards whether or not the plaintiff is ineligible to ever again so serve.
My sense is that within Orange County the law enforcement agencies do not wholly report the ineligibility of law enforcement officers to testify in court.
I got a lot to say. To begin, I don't ever want to hear anybody say that I was not fair with Town Manager Toney.
Have a safe New Year's Eve.
William Madden
Mr. Madden:
Thank you for your inquiry. Your below e-mail to the Commission was forwarded to me by the Information Specialist Section at the Commission because you referenced
my Opinion and Award in your request. Pursuant to N.C.G.S. 97-92(b), files in workers’ compensation cases are not public record, and therefore I am unable to release the depositions, or other records from the Gaskin matter, to you. Only the Opinion and Award,
which you already have, is a public record. If you have additional questions, an Information Specialist may be reached at 800-688-8349.
Sincerely,
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From: William Madden [mailto:madden....@gmail.com]
Sent: Monday, March 02, 2015 1:56 PM
To: Information Specialists
Subject: I.C. NO. X82293 Request for Depositions
To Whom It Concerns:
After I have now read the Opinion and Award of I.C. NO. X82293 (Gaskin vs. UNC-Chapel Hill) by Phillip A. Baddour III, I request to view the depositions of Jolinda Swiggett, William Madden, Michael Williams, Edward Wotortsi, Sergeant
Cameron Gales, Lieutenant Lawrence Twiddy, Dr. Deanna Sasaki-Adams, Dr. Carlos Bagley, and Dr. Ron Fleming.
Would you please send these depositions to me via email ?
Please confirm receipt of this emailed request.
