Pooh Wrote:and your attorney didn't object to this because of the rules because of why????? That would be one question that I would be asking the attorney and also ask him how quickly they will get the new hearing at this point since.
Also have you had another IME or is your attorney relying on your treating doctors medical records to dispute the IME?
Hi Pooh - Thanks for responding. My attorney did not object at the time. Please keep in mind that the whole conversation(s) going on were not on record either. It was a lengthy discussion amongst the ALJ & attorneys, I just sat there humbly. I did ask my attorney later after we went into a different room why he did not object at the time and he replied, " well, I've been in front of this ALJ B4 and I remember not being so prepared myself" . I didnt say anything else about it but this is in part where I feel my attorney is trying to protect himself, "look good" keep from getting on the bad side of the ALJ for the future hearing. He said he didnt want to make any waves because this ALJ gave him a second chance with another case, a case that had absolutely nothing to do with mine. NICE huh? At my expense and so on, not fair at all. Quickly??? Ha Ha, when I asked him how long B4 the next hearing he said MONTHS!!! Another thing is that the ALJ was so surprised that my attorney has not gone after the insurance money that is available to me because of my accident. I am covered under my employers Uninsured Policy, plus I have my own personal policy. I was hit by a "drunk driver" not once but (3) times by the same vehicle and he was also uninsured. I have been waiting on a surgery for almost a year now because of administration issues with the hospital. See, I have already had (1) surgery that WC did not pay for so the hospital will not let me have another until the bill is paid. Another thing that surprised me about my attorney was that he only had documentation of WC paying only $300.00 in medical bills. I dont understand that at all. Wc comp has paid in excess of $40,000.00 and there is still about $30,000.00 owed yet and I am not done treating by far. I still have (2) surgeries to go plus recovery, PT, Meds, etc..... No, I have only had the Ime ordered by WC. Yes, I do believe my attorney is relying on my treating doctors medical records/WKC-16B(in leui of testimony) to discredit the IME.I ask? what is he doing? Sometimes I really feel that I am doing his job for him. I have had him for my attorney going on 2.5 yrs, dont know if it would be particularily smart at this time to switch attorneys.
If I were in your shoes, I'd sack the slacking wimp and find another lawyer. However, I would advise sitting down with a couple WC lawyers to discuss exactly what you've related here and make certain that one of those lawyers will take your case BEFORE you fire the present doofuss. Good luck!