Ready to rock and roll

[chrischris]

Claims Examiner filed Application for Adjudication for my physical and psyche claims, and a Declaration of Readiness to Proceed. The DOR is asking for a Status Conference with major issue being Jurisdiction.

My thought is that because of this, I am not going to give them my voluntary statement. Since THEY filed, they can now depose me for my statement.

I am also thinking that the "Status Conference/Jurisdiction" is because my case is complicated and the I/C wants the WCJ to give some direction.

Can anyone tell me what a status conference entails and how I should prepare.

Thanks once again!

[1171]

you just caught a big break!!
(atty fees, if any, will not be deducted from your benefits but paid in addition to anything you receive from comp--an extra 12-15%):

"4064 ( c ) Subject to Section 4906, if an employer files an application
for adjudication and the employee is unrepresented at the time the
application is filed, the employer shall be liable for any attorney's
fees incurred by the employee in connection with the application for
adjudication."

[CRABBY]

Chris chris....good going....

[chrischris]

Thanks for the LC 1171. I didn't know that!!! That sounds almost like the IC is tired of me, and wants me to hire a lawyer. In your experience 1171, what would cause the IC to file for the employee?

And original question, what happens at a status conference?

Thanks again

Crabby: I haven't decided yet if this is a good thing. I'll find out soon enough. All I know is that I put a lot more time into my case than any attorney would or could.

[Pooh]

chris

don't you have rsd? if so they don't like things like that and really want to get rid of those type of claims

[1171]

they think they'll get more from the legal system then they can expect from you or the administrative one.
a status conference is just a sit down meeting between the 2 sides to see where they agree and where they don't and plan how they want to resolve the impass. sometimes it results in nothing more then an decision to go to trial.

[chrischris]

I received my hearing notice. It says that the conference is a Mandatory Settlement Conference, and it references only my stress claim. I'm confused because my stress claim was denied at the 90-day point, and I haven't even had my PQME to determine AOE/COE. The MSC is scheduled for a couple of days after my PQME. Not quite sure how to prepare for this.

[1171]

If you have a buyout amount let them hear it. They should have sent you a complete copy of their medical reports - make sure you get them.
Don't go away from the conference without them as well as any witness statements, wage information etc. Contact the I&A officer if you are going to appear without representation.
If you have somebody to go with you, you might be more comfortable.

[chrischris]

I have weighed the pros and the cons of this and legally, morally, ethically, and financially, it would be best to bring my case to trial, rather than obtain a "buyout" before the claim is even accepted.

To me, a "buyout" seems premature, but then again, I'm just the injured worker and not in control of the purse strings.

I'm just so complicated.

I will have a friend with me.

Thanks for your help 1171. I'm sure I will have more questions. Every day brings new adventures in this system.

[Spring]

ChrisChris....Just want to wish you all the best. I know in my case. When my attorney filed for a mediation hearing....he filed for the court hearing at the same time. In my state...from my understanding they want all cases to try to settle in mediation....but my attorney already knows that we will be going to trial to get even close to a fair settlement. So I already have my mediation and trial dates. So know just playing the waiting game. So I guess I am with you just so complicated....but I refused to be offered a silly amount...and have them play anymore head games with me. Will just leave and go to trial. And hope a judge don't let them act in that matter. All I have ever asked for is honesty and to be treated fairly. And that hasn't happened in the last year.

Chris have you applied for SSDI? If not are you planning on doing it. And when...when your WC case is closed or what. If you don't mind me asking.