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whats next?
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04-16-2008, 10:58 AM
Post: #1
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whats next?
hi all! hope everyone's feeling alright!just a few quick questions-ok. my dr. never released me to work(2 herniated disks-live in mi.)however my employer sent a letter expecting me at work for light duty.(boss said he had work releases from dr.) my attorney suggested i give it a shot anyway.(light duty was hostess)after about two and half hours i was in tears (my boss smirking and rolling eyes the whole time) spasms took over my back and the pain in my legs --unbearable!! i told my boss couldnt do this and left!(by the way he couldnt produce any release forms!)huh! drove self to e.r -they told me to follow up with my nuerosurgeon.dr. told me only he. can release you and i definetly did not!! still not released!referred me rehab specialist who wants to do nerve tests and feel im on right track now!now the prob. is that wcomp is not paying me anymore saying failure to cooperate w/favorable work offer!i dont get it ! so my attny said we'll have a pre-trial in 30 days -what happens there?then he said we go before the judge in 60 days! what the f@@#k am i supposed to do ?also workers comp say they are'nt paying for new doc any test or new meds!I just dont get it!any help or suggestions will be helpful!thank you---sorry so long![/b][/size][/font]
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04-16-2008, 11:45 AM
Post: #2
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RE: whats next?
Don't really have answers fro you about WC, but your boss is an ass! He has created a "hostile work environment" by LYING about doctor release & belittling your pain by rolling eyes and smirking.THAT is grounds for a whole different type of lawsuit, that you may want to persue as you might have extra time on your hands waiting around like I do to heal! You should be able to find a lawyer who will give you a free consultation on Harassment in Workplace lawsuit. Don't know if your WC attorney could help steer you in right direction. This would be a case against your boss and actual employer. I'm a former restaurant manager, have worked for a few chains and both Indian Casinos here in CT, and have been well trained in HR and how NOT to create a hostile work environment lawsuit! You definitely have one in my book! You should definitely persue it against those A**holes! (I no longer work in industry,sick of it!, had been going to school and working as temp in an office when I fell on ice ending with a severly compound broken ankle, broken fibula, and sliced muscles, tendons, and ligaments. Thank god WC accepted claim as I have no health insurance! Okay with WC so far, expect problems soon due to unfavorable conversations about when am released to "light duty" but unable to drive to work, no public transportation around here!)
Best of Luck to you! Will look for you on here to see how it goes! Maura in CT |
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04-16-2008, 11:52 AM
(This post was last modified: 04-16-2008 11:53 AM by WCisBS.)
Post: #3
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RE: whats next?
:)they created an issue so they can set up a settlement situation. the 30 day meeting is a face-to-face to see what the settlement prospects are.
![]() litigation is an adversarial arena. each side creates controversy and issues in order to provoke negotiation and settlement. That's how attys eat. of course, I'm being a bit sarcastic but if you want to "get it" you have to figure out who has the most to gain. As Deep Throat said to Bob Woodward: "Follow the money!"
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04-16-2008, 12:22 PM
Post: #4
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RE: whats next?
1171 will everything be deallt with at 30 day pre trial or will it go on to 60 day trial? will they have to pay me the lost wages for that time?thanks for your help!
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04-16-2008, 01:46 PM
Post: #5
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RE: whats next?
if you settle then no 60 day trial.
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04-17-2008, 10:21 AM
Post: #6
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RE: whats next?
Yes...i agree you need an employment lawyer along with your WC lawyer.
Your boss is a liar...and could have cause you more harm! Go after his (Jayne's lame attempt to bypass the Bad Word Filter)! Good luck Lilly
Injured worker, & tired of it all! I'm too old for games!! A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless! |
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04-18-2008, 06:58 AM
Post: #7
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RE: whats next?
lilly is rite time for employment lawyer your boss lied to you and i would get a copy of your time card showing the date you were at work for that 2-3 hours,er report and everything else you have and got see a employment lawyer take all you can or have with you so he can see first hand.
Each day is not a rite,it's a given. |
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04-18-2008, 08:59 AM
Post: #8
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RE: whats next?
I'm very surprised youir attorney told you to "give it a shot" without first seeing release forms form anyone expecially your treating Dr. YOU should see release papers and your Dr. should talk to youabout returning to work with/without restrictions. I undertand you not knowing this but your attorney???? CAP God is never late. In the end it doesn't matter how many years were in your life but how much life was in your years. |
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04-18-2008, 10:09 AM
Post: #9
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RE: whats next?
good point cap i would also be talking to ur attorney.going back to work was NOT in ur best interest ur att should of known that.might be time for a new wc attorney as well.she/he is ur life line in this matter and he advised wrong IN MY EYES to say well see if you can do it.just my thoughts just trying to be helpfull.
Each day is not a rite,it's a given. |
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04-18-2008, 10:23 AM
Post: #10
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RE: whats next?
thanks eveyone! im looking for an employment attny. now-hopefully i'll get some answers!I know we're all in the same "hurting, and hurry up and wait mode" so hopefully one of us gets good news soon!!!!
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