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Request Different ALJ?
01-14-2011, 04:21 PM, (This post was last modified: 01-14-2011, 04:41 PM by Redstone.)
Request Different ALJ?
I wonder can someone request a different ALJ? This is for a case in Wisconsin

Heres the story background.

He starts a new job and is injured while on this new job.

There are six doctors that say that he has this injury, And that surgery is the correct course of treatment.

But the Workmens comp insurance company wants a second opinion.

So he goes and visits this Independent medical exam. By all the research on the web it's very obvious that he is strictly a hired gun for the insurance company. He doesn't even have a actual practice in the Madison area he is imported from Minneapolis.

His exam consists of 5 minute exam where he squeezes the guys hand, and then asks him to squeeze the doc's hand, and then thats it, he is sent home.

The real tests used computers, electrodes,and lasted over 2 hours!

He gets the report and even this independent exam agrees that he has the injury, and that surgery is the correct thing to do.

BUT he also states that in his opinion, and he says that a dozen times at the beginning of almost every sentence.

"In My Opinion"

The job he was doing could not cause the injury.

So of course the insurance company won't pay for the surgery. but the injury is soo bad this guy can not work anymore, He tried another job that he was able to do for 14 years, but was un able to do it because of the injury. so he found a doctor that was willing to do the surgery and has it done saying it's slam dunk 6 real doctors to one IME it will get paid.

Well they still refuse to pay for it. The guy was perfectly fine before starting this new job, then starts it and gets injured, and the new jobs workmens comp insurance has their IME get them off the hook for paying.

Now it's set to go before a Administrative Law Judge. "ALJ"

he is to decide is they are responsible or not.

This is where a corruption story comes in.

The injured workers attorney as soon as he sees who is the "ALJ" he says he's screwed! not the"ALJ" but the injured guy!

This "ALJ" has a record of siding on the side of Big business most of the time, The only time he ever goes the side of the injured worker is is there seems to be no way other to decide should it be appealed!

The meeting with him is set for feb 1, and some important new evidence is wanted to be added to the case, by the injured persons lawyer.

The "ALJ" refuses to allow new information to be added. The hearing hasn't even happened yet it's weeks away and the "ALJ" will not allow new information to be added?

The Injured lawyer then says OK he will just drop that case and re file an new one that will include the new information.

This "ALJ" will not even allow him to close and drop the case. And even before the case has been heard at a formal hearing, this "ALJ" even told the injured lawyer that his client will loose because of the IME's "Opinion" and even his own the "ALJ's" "Personal" "Opinion"

UMMM a judge with an "Personal" opinion even before the case is held?

This injured guy knows the "ALJ" is looking out for the business and the state, the business pays a lot in taxes and this poor schmuck since he can not work pays nothing in taxes, and will become homeless because of the medical bills!

so can a different "ALJ" be requested?
01-14-2011, 04:26 PM, (This post was last modified: 01-14-2011, 04:27 PM by 1171.)
RE: Request Different ALJ?
depends on the state; each has different court rules.
many have a process for requesting another assignment; and some don't require a reason.
01-14-2011, 04:39 PM,
RE: Request Different ALJ?
(01-14-2011, 04:26 PM)1171 Wrote:
depends on the state; each has different court rules.
many have a process for requesting another assignment; and some don't require a reason.

This is for in Wisconsin, if that helps any?
01-14-2011, 05:31 PM,
RE: Request Different ALJ?
yes, it makes a difference. without it your question cannot be answered.

a request for a change of ALJ has to be made within 20 days of the order setting the case for hearing.
neither party can thwart the appeal process by requesting a change of ALJ after the fact.

If you don't trust your atty, you can change at any time. there will be single fee shared between all attys on the case.

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