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Never say never
#21
Sad 
Malpractice? 1171, I never wanted to hire an attorney in the first place but things got complicated. This is my one and only time with a legal issue. I guess if worse came to worst, I could go pro-per because I doubt any WC lawyer would come in at this point.

So do I submit a Petition to Reopen through EAMS to correct a clerical error, (even though it isn’t). Only recourse I guess. And yes, I know I will have to dismiss my attorney if I do this. I’m torn.

Thanks again 1171.
Let Go, and Let God......
 
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#22
is your atty refusing to help?
if its not a mutual mistake of fact/clerical error, do you believe it was intentionally falsified?
fraud is also excluded from the the time limits but is more difficult to prove.

you'll have to have evidence to support a finding of clerical error.
do you have any thing that shows both parties intended to include the psyche rating?
....that the parties believed the rating used in the stip included the psyche factor?
do you have the calculations that were used to produce the incorrect rating?
generally the judge has the board rater review the stipulated rating for correctness before issuing their approval. was this done?
another atty could get a fee from the additional PD if you win, so there may be a chance at getting another atty to take case.
have you spoken to any other attys?
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know which state the claim was filed in to provide accurate information.........
 
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#23
(01-13-2018, 08:19 PM)1171 Wrote: is your atty refusing to help? — NO, MEETING WITH HIM NEXT WEEK.
if its not a mutual mistake of fact/clerical error, do you believe it was intentionally falsified? I BELIEVE IT WAS FRAUD BY IC/CA, BUT LIKE YOU SAY, HARD TO PROVE. THE CA DID MANY UNETHICAL THINGS BEFORE I WAS REPPED, INCLUDING THREATENING ME. HE INTERFERED WITH 1st PQME WHICH CAUSED PQME TO CANCEL APPT. HE CANCELED 2nd PQME DAY BEFORE, DIDN,T TELL ME, WENT ON VACATION FOR 2 WEEKS. HIS SUPERVISOR GOT THE PQME REINSTATED BUT NOT FOR A MONTH LATER. THEN HE REFUSED TO PARTICIPATE AND I HAD TO PROVIDE ALL THE MEDICAL RECORDS. I CAN GO ON AND ON AND MANY CONVERSATIONS I HAVE ON EMAIL. I FILED AN AUDIT COMPLAINT ON HIM. IVE CONSULTED WITH DWC ABOUT HIM ASKING FOR HELP AND INTERVENTION, ETC...............

fraud is also excluded from the the time limits but is more difficult to prove. YUP. BUT IF IT IS EXCLUDED FROM TIME LIMITS, MAYBE......IDK!

you'll have to have evidence to support a finding of clerical error.
do you have any thing that shows both parties intended to include the psyche rating? ITS ALL SPELLED OUT IN AME REPORT. ITS WRITTEN RIGHT ON THE STIPULATION BEFORE THE CALCULATIONS, BUT LEFT OFF. HOW IT WAS MISSED, AGAIN, IDK.
....that the parties believed the rating used in the stip included the psyche factor? VISUALLY SEEING THE THE PSYCHE WRITTEN ON THE STIP PROBABLY LED US ALL TO BELIEVE IT WAS INCLUDED. I THINK CA WAS HOPING FOR THAT. HAD WE NOT HAD ANOTHER MSC RECENTLY I MIGHT NOT EVER HAVE KNOWN ABOUT THE ERROR, AND WHO KNOWS IF ANYONE CAUGHT IT AND DIDNT SAY ANYTHING.
do you have the calculations that were used to produce the incorrect rating? YES
generally the judge has the board rater review the stipulated rating for
correctness before issuing their approval. was this done? NO

another atty could get a fee from the additional PD if you win, so there may be a chance at getting another atty to take case.
have you spoken to any other attys?
NO I WANT ANSWERS FROM CURRENT ATTORNEY FIRST. THE PROBLEM IS HE IS A REALLY NICE PERSON AND I LIKE HIM. SO MANY THOUGHTS GOING THROUGH MY HEAD, AND I KNOW THIS IS BUSINESS, NOT PERSONAL.
Let Go, and Let God......
 
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#24
A complicated issue is difficult to explain/understand on a message board and can never replace personal legal help. Its limited to providing basic information.
If he's still going to represent you, then it might be too early for you to do anything.
It's good to research alternatives and do some planning.
Your issue is long standing; you don,t have to rush to any one solution.
As always, The first priority is your wellness.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know which state the claim was filed in to provide accurate information.........
 
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#25
Thank you for your thoughtful reply. This situation stresses me out so much and has resurfaced memories I haven’t had for a long time. Keeping that all in mind as I weigh thru this new event. I appreciate your help 1171.
Let Go, and Let God......
 
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#26
All the decisions are yours; just by having good information they,ll be better this time through.
You are healthier and more knowledgeable now then ever before. It'll be fine.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know which state the claim was filed in to provide accurate information.........
 
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#27
Everything in WC is very complex, and even when an error is corrected, the math doesn’t compute, at least not logically. 1+1 + 1 does not equal 3.

Attorney was a great help and teacher in correcting the mistake on my Stipulations from 2011. All parties have been notified, so now it is a waiting game. There's no ethical reason a request for unpaid PD with interest should be denied.

To summarize, I was introduced to the “combined values chart”. LOL. So when a WPI rating of 11% is calculated with another injury, it becomes 4%. Magic is the only way I can describe how this rating system since 2005 works. ((SB899)

A positive on this learning experience is that I can now calculate a PD rating, or combined ratings, using all the variances and scales, come up with individual PD ratings, and then reduce them by combining values.

I don't have to wonder who benefits from these past changes. It's not the employee; it's not the employer; it's not the applicant attorney; so it must be the insurance companies.

I do feel relieved, somewhat.

Thanks again 1171 for helping me through this process.
Let Go, and Let God......
 
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#28
The  combined values formula avoids a problem of "stacking" disabilities and coming up with a rating of more then 100%.
.they figure 11% disability on an already permanently impaired body is not the same as 11% on an uninjured one.
Glad I could help.
"Footer/signature" used in all my posts:
........Each state has their own comp system. We need to know which state the claim was filed in to provide accurate information.........
 
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