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NJ Workers Comp Question
#21
(01-17-2018, 05:14 PM)mcats Wrote: Mcats

Unfortunatly their court is bogged down with cases and they over book in case they can get a case completed sooner than expected????

If hubby has a sit/ stand/ walking limitation your lawyer MUST emphasize this to the JUDGE as waiting in that uncomfortable waiting area is an undo burden on his pain levels and once called into court after sitting and standing with some walking around his pain may be untolerable and say that last wait had him in bed for 3-4 days!!!!!!! This may get you an AM hearing, that's what I did befrore the circus began?.

YES ABSWOLUTLY SHOW UP FOR ALL COURT AND DR APPTS!!!! You can get case tossed if you dont. Take sympothy when you can get it. If you guys sit there all dAY AND SAY NOTHING how bad could his back/spine pain be?? Also I failed to mention that chronic pain over time causes other illnesses that would normally permit him to return to work to exasperate and with pain may render him unable or "totally disabled"  which is whaqt you are fighting for. WC JUDGES know much more than WC LAW they know people and they know you guys have been watched forcopious hours with no evidence to contradict the medical findings and your reports of inactivity.

Sorry but hands going numb. Good luck and alway display the worst days he has had not your OK or better days ALWAYS!!!!

BUG


Update:  My husband had a court appearance scheduled for 12/11.  He sat there most of the day but They said they wouldn't get to him that day because of the amount of time needed so they Re-scheduled for Monday 1/22.  Lawyer hasn't heard from Insurance company or court to confirm the date. Insurance company hasn't returned any of our lawyers calls.  Says we need to just show up in court.

Is this normal?  Is the Judge going to keep giving extensions?  No action has been requested from my husband.
 
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#22
Hello Bug
Just wanted to update you on the latest fiasco.
Husband went to court yesterday. They pushed him back to 1:30. They get into court, my husbands ready to testify. At this time the insurance company lawyer says she has to take her son to the DMV at 2:45. She tried to get out of the appointment & couldn't. Our lawyer did not want to proceed and get partially thru it and have to come back another day. Seems the State attorneys were there as well and were arguing with the judge regarding the last minute notice of this appointment and the delay.
They had been there all day as well, for nothing.

The Judge granted the delay - now we go back in 3 weeks.
The State obviously is still involved, why would their lawyers be there? Why would the Judge grant this request to the attorney to delay yet again?
 
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#23
That is a lousy excuse... When I had neck surgery in 2016 and still in the hospital, Comp knew about it and almost lost it cause I couldn't be at my hearing.
 
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#24
(01-24-2018, 12:39 PM)mcats Wrote: MCats,
Im sorry to hear yet another delay after wasting yet another full day  in that uncomfortable waiting area.

The reason for the delay is outrageous!!  An appt. w DMV is not important and can be rescheduled certainly with less suffering than this hearing. I feel your lawyer made the correct choice not to split up the hearing as this can wrap up in one day. I feel its best to have all this vented at once as there are some odd eyebrow raising issues that the JUDGE should hear at once so his decision will be made with the events fresh on mind.

I am wanting to know the outcome very much. The only reason I can think of for the State's lawyers would be there for your case is the state's opine for a possible application for the 2nd Injury Fund or to submit their investigator's reports on any possible surveillance. Just so you know ALL parties do surveillance on a work comp claimant, including your lawyer. Your lawyer puts their reputation on the line with every total disability case or a big winner case.

Please forgive my absence as I may have told you all the crap going on with my self paid work injury care. Even after 20 years. of model pain management patient, several major back surgeries, all failed, simulators, pain pumps, spotless drug screens, no doggie's ate my scripts etc. I have been grouped up with some wealthy law makers drug running junkie who claims they use heroin due to a dentist giving them a 5-500mg  Vikadan for a tooth pulling, has our "fine" Gov mainly the CDC using words like epidemic (look it up this means contagious) and counting laced heroin with bathroom made Fentanyl  overdoses with accidental and recreational drug users all in one group. If not for a Pain Foundation going to the news to point out these deliberate  mis use of words we would not see only heroin OD's skyrocketing today while pain med OD's dropping drastically. I'm still group in with these knuckleheads and getting treated as if Iwere going to the street for my pain relief . Sorry for using your thread for my issues, but when you look @ this in a whole we are in it together and getting hurt @ work in NJ IS AWFUL POSITION TO BE IN!!!!!

Good luck in the up comming weeks and please let me know whats up

Here 4 you always,
BUG   Shy  

Hello Bug
Just wanted to update you on the latest fiasco.
Husband went to court yesterday. They pushed him back to 1:30.  They get into court, my husbands ready to testify. At this time the insurance company lawyer says she has to take her son to the DMV at 2:45. She tried to get out of the appointment & couldn't. Our lawyer did not want to proceed and get partially thru it and have to come back another day.  Seems the State attorneys were there as well and were arguing with the judge regarding the last minute notice of this appointment and the delay.
They had been there all day as well, for nothing.

The Judge granted the delay - now we go back in 3 weeks.
The State obviously is still involved, why would their lawyers be there? Why would the Judge grant this request to the attorney to delay yet again?
 
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#25
Had a court date on 2/12. Case prior took longer and went into our time slot. By the time they finished their lunches it was 2:45 and they quit promptly at 4:00. We opted again to postpone since we would not have enough time and would have to come back.
Now it is re-scheduled for 6 weeks. Judge has apologized & is thanking us for not reporting these delays to higher ups. Should we be reporting this treatment to someone? One of the state's attorneys last time said something to my husband that he should go after them after the case settles.
It seems that the Judge rethought it and the issue is now between Insurance Co & SIF, who's paying for what and my husband has to testify on his previous health issues & how all his issues qualify him for 75% disability/total.
It keeps switching around as to what we're supposed to be focusing on.
Depressing. Just want it to be over, so we know where we stand
 
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#26
(02-14-2018, 12:41 PM)MCATS, Wrote: NO!!!!!!!!!!!  Dont report these delays you dont want any JUDGE as an enemy as they all know each other. However if you keep getting this we will re evaluate. I think he may be testing you some way. Maybe your lawyer needs to ask for an AM hearing. Thats typical of there way so many cases in AM and PM. After your case settles you have no recourse as all actions must fall within WC court.

The State lawyers ha better contacts

Also your both under tremendous stress, but who pays for what should be black and white, they call um statues.

Tell Hubby he needs to get up there and be honest as they have the answers to most of questions.REMEMBER YOUR CREDIBILITY IS YOUR STRENGTH!!  Dont wear a suit, unless asked to. Just something nice and appropriate.  I know your system is much different there than here i have a bit of time look it all over but i may not be sure of consequences.

HANG TOUGH

BUG




mcatsHad a court date on 2/12. Case prior took longer and went into our time slot. By the time they finished their lunches it was 2:45 and they quit promptly at 4:00. We opted again to postpone since we would not have enough time and would have to come back.
Now it is re-scheduled for 6 weeks. Judge has apologized & is thanking us for not reporting these delays to higher ups. Should we be reporting this treatment to someone? One of the state's attorneys last time said something to my husband that he should go after them after the case settles.
It seems that the Judge rethought it and the issue is now between Insurance Co & SIF, who's paying for what and my husband has to testify on his previous health issues & how all his issues qualify him for 75% disability/total.
It keeps switching around as to what we're supposed to be focusing on.
Depressing. Just want it to be over, so we know where we stand
 
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#27
My husband finally got in front of the Judge (State Attorney General, Insurance Co lawyer were there as well)
After his testimony they all 3 agreed on Total Disability. Need to get them some additional medical records from my husband's car accident which happened after the Workers Comp injury and they reconvene in 9 weeks.
Our lawyer BRIEFLY said that Insur Co is being held primarily responsible, the State a small percentage and a small percentage of disability is attributed to his car accident.
Some numbers that were thrown at us were $396/week(based on the fact that my husband collects Soc Sec Disability as well) for 330 weeks and after that the State kicks in. Did not get an explanation on what the "State kicking in" means.

Also medications and medical expense are supposed to be covered but we're not sure what that means and how it happens.

Also not sure how the lawyers fees get figured and on what amount. Can anybody answer that question? If this a settlement until the rest of my husbands life + medical how much does the lawyer get paid and how much are we going to owe him? We are owed about 3 years in back pack and there is a lien of $9500 against the settlement for Temp Disability he received.

Still need answers and our lawyer just isn't forthcoming as quickly as I would like.

If anybody can provide more information, please reply
 
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#28
most jurisdictions require a fee disclosure or a fee agreement document when representation is established.
reviewing yours might help.
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#29
(03-29-2018, 02:55 AM)1171 Wrote: most jurisdictions require a fee disclosure or a fee agreement document when representation is established.
reviewing yours might help.

It's 20% with the Insurance company paying 60% and us paying 40%
But I'm not sure what the total award will consist of. Will back pay be included in total award? What about AFTER 330 weeks, do they take the state payments into the equation and how much will that be?
 
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#30
unless it's negotiated otherwise the fee is against all work comp benefits; back pay as well as state payments.
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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