Louisiana - Should I get a new attorney?

[huey42]

Trial on Merits is scheduled for next month, after so many court dates being postponed. My doctor said my attorney is not playing in my ball park. I was injured on the job over 11 years ago. I am no longer receiving my checks. My current attorney made promises and has not lived up to them. He recommended a medical set-aside and the judge approved my choice of primary care physician, but the insurance adjustor will not allow him to do anything other than evaluate me. I have seen 16 doctors and all but 2 said I could go back to work. Of course, the judge, my employer's attorney and the insurance adjuster are relying on just those 2 doctors and ignoring the other 14 doctors' recommendations requiring surgery. I had an IME and the doctor stated I could not go back to work until I had surgery. The second IME said I can return to work. There are discrepancies all over the place! I have attempted to talk with my attorney for over 3 months, but he has not returned any of my phone calls or responded to any of my faxes. Is he not working on my case because my checks have stopped and he can no longer take his cut? Again, I ask...Should I get a new attorney?

[freebird]

huey42 Wrote:Trial on Merits is scheduled for next month, after so many court dates being postponed. My doctor said my attorney is not playing in my ball park. I was injured on the job over 11 years ago. I am no longer receiving my checks. My current attorney made promises and has not lived up to them. He recommended a medical set-aside and the judge approved my choice of primary care physician, but the insurance adjustor will not allow him to do anything other than evaluate me. I have seen 16 doctors and all but 2 said I could go back to work. Of course, the judge, my employer's attorney and the insurance adjuster are relying on just those 2 doctors and ignoring the other 14 doctors' recommendations requiring surgery. I had an IME and the doctor stated I could not go back to work until I had surgery. The second IME said I can return to work. There are discrepancies all over the place! I have attempted to talk with my attorney for over 3 months, but he has not returned any of my phone calls or responded to any of my faxes. Is he not working on my case because my checks have stopped and he can no longer take his cut? Again, I ask...Should I get a new attorney?

I am from the same state. What is/was your injury? IF you can get a new Attorney "onboard" this late in the game go for it because you are not satisfied.
It's not as easy as saying you are fired and you are hired.
Have you had a FCE? If so when and what was the findings?

[huey42]

I'm disabled and on social security for the same job injury. The judge from SS had the right doctors. The insurance company held the neck doctors back and just had me checked by hand doctors. My neck, shoulder, arm, wrist, hand and lower back were injured in the rig accident. I can't make it on SS as my only income. My wife died in 2000 and I have three girls (rock and hard place). Didn't really care about what happened to me, but now I realize my kids are suffering with such little income. I was going to have an FCE, but my lawyer asked for a medical set-aside instead. That doesn't make much sense to me; I think he jumped to the other side. They're only addressing my wrist, not all of the other injuries.

[izell]

Hello everyone. huey42, I'm from La. also. Not been injuried as you have. But, I understand what you are sayin'. Maybe you are right about the connection. I'm about to settle for a fraction. I don't want to, but I need a place to live, food to eat. Only thing of value I have(old car) needs a good work done to it. If I had to go over this again, I would most certainly seek an aggressive type of lawyer. Good luck. My prayers are with you. Thanks.

[huey42]

Thank you, izell. Before I let my attorney go and try representing myself again, does anyone know of an aggressive attorney (that works for free, since I have not been fixed within the 10-year period and am no longer receiving checks)?
I wish you the best in your situation. As powerful as prayers are, they will help us all in the end!

[freebird]

Social Security Disabilty and WC have NOTHING to do with each other.
I do not know any Attorney who will work for free.

Is the IC still taking care of your Medical relating to your Injury?

And you have never had a FCE? Have you been determined Permanent and totally Disabled(PTD) by the Louisiana WC System?

You have a lot of unanswered Questions. I also am on SSDI and I draw WC also going on 7 years. I still have not settled but I have a Attorney(No, he is not free).

You received your full 10 year max. that is 520 weeks WC pay. IF you are not found PTD your WC pay is over. I believe you must have a FCE before you can be rated.

A lot of loose ends in this thread. Please slow down and tell your WC story including the IC'S present IME reports and reports that show you are Permanetly disabled according to the state of Louisiana.

If you require future medical, you have to have a Medicare seteaside.

Does/IS your Attorney know Workers comp's laws of Louisiana?

They/YOU had better make sure Medicares interest are being taken care of or heavy fined can be leved against ALL.

North or South Louisiana Attorney?

[huey42]

Hello Freebird! Thank you for so much information!

The judge approved a primary care physician (PCP) in December '09 (11 years after my injury). The IC still has not allowed my PCP to do anything other than evaluate me. This PCP says I need 2 surgeries on my wrist (carpal tunnel release and repair of a torn tendon). The doctor recognizes the wrist is associated with my neck, but the judge already ruled that only my wrist was hurt in the accident.

I have never had an FCE. And as previously stated, the second IME physician said my wrist can go back to work. Whenever a doctor mentioned my neck or back in any report or recomendation, their recommendations were ignored/not approved. As a reminder, 14 out of 16 doctors associated the neck and back problems to the accident and said I can't go back to work. But since the judge already ruled on just my wrist, she says her hands are tied.

How do I go about getting an FCE? When I discussed the FCE with my attorney, he said it would be better to go with the set-aside. From what you've written, it sounds like the medical set-aside will be covered by Medicare, not WC. Will I be required to pay a portion of my medical needs that are under Medicare?

As for my attorney, he supposedly specializes in WC; therefore, he should know the WC laws of Louisiana! It seems that my attorney, the judge, and my employer's attorney are rather chummy. Perhaps that is because they work together so frequently.

What do you mean by Medicares interest? What kind of fines can be levied? And against who/why?

My attorney is in South Louisiana (Lafayette).

While reviewing documents in an attempt to prepare myself for the upcoming trial on merits, I found the very first doctor I went to after the accident made reference to my neck as well as my wrist in his report. But, again, since the judge already ruled (and her hands are tied), and my first attorney missed filing an appeal (by 6 months), so no higher court will consider the case, what recourse do I have? Can/should I go to the board of ethics since the judge has, in effect, acknowledged my neck injury as well as my wrist since she approved 2 shots to my neck that were recommended by the first IME doctor? Unfortunately, this was discussed during a trial on merits when I was representing myself and during the most-recent trial on merits with my new attorney, the judge conveniently didn't remember what she said about the shots to my neck.

Thank you, again, so much for all of your informative responses!

[freebird]

When you were declared MMI a FCE usually follows. UNLESS you are declared PTD, I cannot see how a FCE was left out of your "formula".

Google Functional Capacity Examination(FCE) and you will understand there is many "mysteries" going on in your case IMO.

[huey42]

Hello, Freebird! Thanks for responding.

The last IME doctor's report stated I am able to go back to work, and it specifically stated he's only taking my wrist into consideration, not my neck or back. But before he would give his deposition, he wanted me to go through therapy, which I did. The therapist said that therapy would serve no purpose until after I had surgery. None of this makes any sense to me! Who should have requested an FCE? Or if it's mandatory, how do I go about getting it done? Obviously my attorney isn't the one to ask!

Many thanks...