Hello All,
Due to a low back injury in 95' I was deemed a good candidate for the New Jersey Second Injury Fund. I was found to be 100% disabled by SS. My education did not continue past high school and I am 55 years old working mainly in the construction and building trades most of my life. After 3 back surgeries and a spinal fusion I am left with chronic back pain and diagnosed with depression as well. I can not sleep in a bed because of the pain and now have bladder issues 2-3 times a week. I have been sleeping in a living room chair about 2 hours at a time throughout the day and night. The EMI doctors placed me at 100% disabled and 25% disabled (carriers dr.) Unfortunately, I am now on my third attorney with the same NJ law firm (I guess they quit or get fired) and he came in after my second attorney filed my Second Injury Fund petition. Two weeks ago he sent me a letter stating that the judge thought that I was retrainable and recommended an offer of 50% for 4 years. I argued with my attorney and told him about my incontinence and sleep habits and he seemed totally unaware. He and one of the firms partners called me to try to get me to take the offer. My God it was like a seen out of The Rain Maker. So my questions are:
1. Should I ask for a trial?
2. Does a WC judge often over rule or rule a SS judge?
3. Should I accept the offer?
4. What are my options?
Thank you all very much for your time and help.
Samepage
Due to a low back injury in 95' I was deemed a good candidate for the New Jersey Second Injury Fund. I was found to be 100% disabled by SS. My education did not continue past high school and I am 55 years old working mainly in the construction and building trades most of my life. After 3 back surgeries and a spinal fusion I am left with chronic back pain and diagnosed with depression as well. I can not sleep in a bed because of the pain and now have bladder issues 2-3 times a week. I have been sleeping in a living room chair about 2 hours at a time throughout the day and night. The EMI doctors placed me at 100% disabled and 25% disabled (carriers dr.) Unfortunately, I am now on my third attorney with the same NJ law firm (I guess they quit or get fired) and he came in after my second attorney filed my Second Injury Fund petition. Two weeks ago he sent me a letter stating that the judge thought that I was retrainable and recommended an offer of 50% for 4 years. I argued with my attorney and told him about my incontinence and sleep habits and he seemed totally unaware. He and one of the firms partners called me to try to get me to take the offer. My God it was like a seen out of The Rain Maker. So my questions are:
1. Should I ask for a trial?
2. Does a WC judge often over rule or rule a SS judge?
3. Should I accept the offer?
4. What are my options?
Thank you all very much for your time and help.
Samepage
