04-03-2008, 12:13 AM
IME doctor has me at scheduled loss of use.
My doctor has me as a classification.
I'm at MMI and going to hearing next week. Does anyone know?
That is what the Judge will decide at the hearing. It is the Judges job to decide which side has more convincing evidence to support their side. I know some people have had a Judge who could not make a determination because both sides have equal amount of evidence...then the Judge say (s)he will make the decision one the person see's a Dr. of his choice. Sometimes the Juge will make a decision with what is given to him at the hearing and you would lkily get a letter in the mail. This is how I understand it to work. I have been told that in several states, if both sides have equal amount of evidence, the Judge tends to agree with the patients case. I know in VA, that is what my lawyer told me.
I hope your hearing goes your way.
Wish my luck as this am is my IME with the IC doctor. I am scared to death that this guy is going to side with the people that are paying him. Please, i hope i am wrong about this, and that this doctor see's what i am going through and possibly be the ticket to the help i have been needing to be pain free.
I will post later today after my appt.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
ahhhhhh sparky dont your kitty ever run out of paper?As for the judges they see this crap everyday and are smarter than we give them credit for 9 outa 10 the lawyers will meet before your hearing and hammer out a deal most likley the day befor or of your hearing.....
........I love cats, I just cant eat a whole one by myself......
04-03-2008, 11:49 AM
(This post was last modified: 04-03-2008, 11:52 AM by WCisBS.)
sounds like you don't think there is any chance the judge will rule you have a scheduled loss of use.
if you can't loose then you are correct, there is no reason to negotiate.
not really. I don't know what you don't understand.
you stated there are two options: an SLU or a higher rated classification.
the reason parties negotiate is to avoid the risk of loosing.
in this case avoid the comp court siding with the lower value SLU benefit.
i think that's what the phase "hammer out a deal with the WC atty" meant.
what did you think it meant?