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Judge can't find my file - Printable Version

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Judge can't find my file - Bummer Knees - 10-01-2009

I learned today from the attorney that the judge can't find my file.

My attorney filed Jan 09 on the back, carpal tunnel, right knee.

Court was March with a decision to be made in 5 days by Kansas law.

Didn't happen and a phone conference was held in May to try and reach a decision.

June the judge went on medical leave for a knee replacement.

In August a replacement judge took over for the judge on medical leave.

I had a hearing Tuesday with the new judge. Everything was done between attorneys and they went before the judge while I sat in the waiting room.

I learned today that my file is missing, the judge can't find it, and the file has been missing for some time.

I asked my attorney what happens now, and he said if it can't be found we start over.

He did say the attorney for the insurance company is is acting very laid back.

Course this is only going to delay medical treatment.

Any thoughts.


RE: Judge can't find my file - 1171 - 10-01-2009

it's not rare in large complex paper-based systems.
luckily every thing runs on paper and multiple copies of most things are available from adjusters, attys, doctors, etc.
there is usually very little original one-of-a kind information that's not retrievable from someplace.
collecting the data is what has to be started not the process or the claim.

just from my experience.


RE: Judge can't find my file - Bummer Knees - 10-01-2009

Thank you 1171.


RE: Judge can't find my file - Still in Limbo - 10-02-2009

Bummer, Your Attorney should have Every Piece of Paper to Start a New File for the Judge in NO Time, and so could the Defense Counsel! If I May Ask, why did You have to Wait in the Waiting Room! I made Sure to attend all but 2 of My Hearings, and I was in the Court Room next to My Attorney Every Time! Is this Something You Decided, or They Ask You to Stay Out?Wink


RE: Judge can't find my file - capricorn - 10-02-2009

I answered your post on the other side, Bummer. Same as 1171 and Limbo. I am also curious as to why you were outside. I never had to go to court but my husband went many times. Even if he didn't have to testify he was in the courtroom.


RE: Judge can't find my file - 1171 - 10-02-2009

capricorn Wrote:I answered your post on the other side, Bummer. Same as 1171 and Limbo. I am also curious as to why you were outside. I never had to go to court but my husband went many times. Even if he didn't have to testify he was in the courtroom.

my guess:
some states use conferences as well as trials to resolve issues. judges are available to attys during this time maybe as quasi mediators or facilitators but the court is not in session and no decisions are made or testimony taken so the principals (employer/employee) are specifically excluded.


RE: Judge can't find my file - capricorn - 10-02-2009

Makes sense to me....Bummer could have stayed home then. Our attorney always told my husband when he didn't have to be there that it would just be attorney's. Question answered. Thanks 1171.Wink


RE: Judge can't find my file - Bummer Knees - 10-02-2009

Several times I have been asked to attend court and did not appear before the judge. The attorneys would go to a conference room and discuss the matter at hand, then my attorney woudl visit with me.

Next the attorneys would meet with the judge and work out a solutions to the issue at hand. I believe my attorney likes for his clients to be at hand in case they need to appear before the judge.


RE: Judge can't find my file - Bummer Knees - 10-02-2009

I think the hard part about this will be the rebuilding of the file.

I sat in the courtroom in March before the judge came into the courtroom and listened to the attorneys argue over what documents would be presented to the judge, it was quite a battle between the two.

And to think we have to go thru this again!


RE: Judge can't find my file - 1171 - 10-03-2009

why would you think you'd have go thru it again?
your atty or the defense atty should have a record of what docs were submitted to the court.