Okay, I have a hearing coming up really soon. I have no lawyer or anyone to represent me. I see it is for 2 hours. What on earth can I expect with no representation ,and has anyone had any simular situations where they had no one representing them? Why would this take 2 hours?
I have already a 10% rating from the IME and this hearing was scheduled because the labor board forced the lawyers for the IC to have this hearing because of the big difference in rating. My treating physician gave me a 32%. What can I expect? Would they abuse my verbally without someone representing me? Will they feel they can walk all over me because of this?
I never needed a lawyer as I had no trouble through my whole case sofar. This is only because of the difference of rating and them trying to stop paying for all my medication. Any advice at this point helps. I was told I would not get my rating check till I go to this hearing, but it is already mine. I just think it might be raised maybe to meet halfway on the rating? What would the success rate be in winning without representation? Has anyone had simular situations where they went to a hearing without representation? I would love to hear what to expect. It is to late now to get anyone involved. I have come this far.
From what Ive seen most lawyers will sit do with you free (ask first) and talk to explain things. I would suggest looking into a lawyer .
Oh Sparkey..I can't answer to what's better for you. Iwould be very nervous without an attorney , although I really doubt the Judge will allow aneone to trample on you. Have you any idea what's expected of you through this hearing, do you have to testify or is it just the two Dr.s >>>> If the Dr. for the IC has legal representation who will be giving your Dr.s side of this picture??
CAP
sparkey....The judge or whoever moderates, won't allow you to be brow beaten I'm sure. He will understand that you are not represented by anyone, and are therefore the weakest link when it comes to verbal tactics
I've never been through a WC hearing...but i have had to give depo in court hearings, although I know a depo could be quite different than WC hearing, but, it was all sitting around a table calmly talking, while they asked you questions. In my case there was no judge, but a moderator who stuck up for those of us who had to depo.
Just remember not to ramble on & on.....keep answers short, sweet, and to the point. Do not go in with a heavy handbag if you have restrictions on an arm/hand/shoulder/etc!
You will do just fine...remember you've been strong & smart enough to go this far without a lawyer...you don't need one now!
Good Luck, and my prayers are going up for you! Lilly
of course each state is different but it shouldn't be a problem.
why not go down the the board sometime during the week and watch what goes on? sneaking a peak will set your mind at ease a bit.
generally there is specific time set aside for all standard hearings; they have no idea about the actual duration but they have to calendar so many hearings each day. if it takes more they can schedule a continuation; if it takes less another case later on may need it.
generally the judge will protect the unrepresented client almost like a free atty.
they still have to be impartial but they'll often explain things if you stop and ask.
you are correct about splitting the rating. the purpose of the hearing is to get your impairment fixed so be prepared to negotiate a fair rating. you may have to testify about your disability. also if there are any discrepancies in either report be prepared to point them out, the judge will need help determining which medical opinion has the best supporting findings and best reasoned opinion.
hopefully you have read up on the information on the New Hampshire comp website
http://www.labor.state.nh.us/hearings.asp
you may also want to read over the rules used by the comp court
http://www.labor.state.nh.us/admin_rules.asp
this only applies generally as I have not participated in a New Hampshire comp hearing.
glad you are not intimidated. just the thought scares most into an atty arms.
instant fees on even the simplest cases.
P.S. if for whatever reason the hearing is not going well or you feel uncomfortable you can ask for a delay or a reschedule so you can find an atty. they'll always stop any proceedings to allow you to find an atty.
Sparkey..I am totally with Limbo on this one.
CAP
Well I have not had any need for a lawyer until the last month. When i Went for my IME and saw that the doctor gave me 10% as opposed to my rating doctor being 32%. Then I get a letter that they do not think i need medication anymore. Not even antidepressants. I got the hearing set by the IC lawyer because they were forced by the labor board because of the big difference in rating to schedule one.
I have had one month since i found this all out. I am working with my workers comp. advocate at my next doctors appoint next week. I am trying to get a note that day from my treating doctor to present to them 5 days before. This gives me very little time. I have like I said never needed a lawyer till now. This was all a surprise to me to go to a hearing. I have nothing to hide and only wanted to be treated this whole time. To me it is a waste of money to pay a lawyer to come to my hearing for a few hours without having enough time to know what is going on. Why give 20% to a lawyer when he only worked for a few hours? I have 2 weeks to get all my records together, and even a lawyer would not be able to know my case that fast.
Thank you for everyone's help. I already have 10% , what more could I possibly lose? That 10 % will be paid to me if I prove to the court or not at this point. The IME for the IC gave me that and I already have a note stating that it is to be paid to me. Anything more would be a win. I just want my health back. I am not here to fight anyone of the WC people. Just get what is due to me is all. Hopefully they are easy on me, and telling the truth is a simple task.
Hi Sparkey-I had a hearing last month, and although I had a lawyer, I can tell you how things went. First the judge stated what we were in court for and then asked my lawyer if she was correct in what she had stated. Then she went over what the i/c was going to be argueing and asked that lawyer if she was correct. Then, she gave the floor to my lawyer, who gave a brief synopsis of what I was there for. She also mentioned the various peices of evidence that she had copied and had given to the judge. Then the i/c's lawyer was able to do the exact same thing. The judge asked ea. lawyer, any questions that she had about their statements, prior to letting the ther side continue and then got their answers to her questions. Then, my lawyer asked me the important questions that would prove our side, about the topics that she knew the i/c was objecting to. For ex., we knew that the i/c was not accepting my left leg was related to my injury. So, my lawyer made sure to ask me questions about how and when I began to have left leg pain, what treatments I have had done for it, and what my Drs. believe it to be. (But she only asked me questions that she knew that we had proof or Dr. statements for). Then the i/c's lawyer asked me questions about things that he believed he had proof that it was not due to the injury. Such as about treatments that did not work...he made sure to ask me about that. ( For ex. he wanted to show that if the Drs. were correct in their thoughts of what it was, the treatments should have worked, etc.) Then, my lawyer was allowed to re-question me to help explain the answers to the i/c's questions. When that was all said and done, the hearing was over. So, for you, I would expect it to go similar, but you would do the part that my lawyer did. So, think in terms of what you think the other side is going to try and prove...then get as much evidence that they are wrong and you are right. Then, make sure to discuss those issues, when it is your turn. The Dr. that gave you the higher rating, find out what caused him/her to give you that rating and why the i/c's drs. gave you a lower one. Then go out to prove why your Dr. gave you a better one.
I, myself, would need a lawyer, but I understand what your are feeling. Esspecially since you have come this far, & you don't want to get one now. As mentioned earlier, if things don't seem to be going well or you get baffled etc. please then stop and ask for time to get a lawyer. As for my case, all the evidence that we had...I got for my attorney and she got paid 750.00 to present it for me. It was a hard pill to swallow, since she did none of the leg work. But for me...it was worth the money, since she knew how to present it in court and I would not have known what to do. I also look at it as, even though I got all the evidence, I don't know if I would have won the case, if I had to have presented it. I think I would have either forgotten to mention something or would not have known to mention it. I wishyou all the best.
