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Reopening case/appealing guilty judgement? Help!
#1
Case and accident took place in Ohio.

Hopefully someone can give a bit of help or advice in the right direction, but this is a complicated situation so please bare with me and if I leave out something that would help to find an answer just let me know please.

Here is the back ground. About 5 years ago now my mother had an accident at work where she fell on the loading dock. She went to the doctor and they believed there was just some swelling on her knee and that she would be fine, she returned to work and a few weeks later due to her knee still being swollen and in pain she fell again and this time it was even worse. She has since had multiple surgeries and is due for more. A part of her spin has been fused, shoulder surgery, her left knee has been completely replaced and she is scheduled to have the right knee replaced as well in the next few months. She has been found to be completely and permanently disabled by Social Security Disability and by multiple doctors.

About a year ago she was informed that there was a case against her to deny her workers compensation because they believed she was illegally working. My mother had, as she always has, been volunteering at the American Legion. With both of her sons being military it is something she feels very strongly about and has always done everything she can to support it. She was also very bored and lonely being at home when she had always had a job since she was 16. So for a few hours a week she would go to the legion and help out by either showing the occasional guest the hall that can be rented for weddings, or she would sit on a stool behind the bar and help with making drinks. She did not have set hours, she was not on a schedule and she was never paid. There is staff there that is on a schedule and does receive pay. She did receive tips sometimes, which she donated to the legion.
She hired a lawyer and there was what they called a hearing, but not anything like any normal court case I have attended. My mother had countless people come forward who testified on her behalf about her injuries and the false accusation that she was working a full time job there and being paid for it. The manager of the legion even went and testified to the fact that she, at most, only was ever there a few hours a week and it was completely at random, on a volunteer base only and no pay was ever given. She gave proof of the donation she gave for the tips as well. Nonetheless, she was found guilty although her lawyer said this was normal. An appeal was made and the court date was set for a few months out, this time it was not in the same small town she lived in though but instead 3 hours away. She had surgery on her spine about a week before the court date and her lawyer advices that she not attend the second hearing for fear that the 6 hours in a car could result in additional injury. Again she was found guilty.
At this point her lawyer said that they would be going ahead and trying to get a settlement for a lump sum amount. After a couple weeks her lawyer called her and told her that there was nothing she was going to be able to do for her and that she was not going to file for an appeal or try to get a settlement.

So now its been over a year since she has received anything from workers comp, and although she is receiving SSDI it is only 9,600 a year putting her in a horrible position and having to be financially supported a great deal by her family. I understand that she should not have been volunteering, and that she should have checked with workers comp before she did so, but this just seems like a really extreme punishment. Her injuries are not fake and that has been proven beyond a shadow of a doubt.

My mother worked very hard and I don't believe she should be having to struggle this way. My opinion is of course going to be influenced by who she is to me, so please do keep that in mind. We are planning to move her out to Arizona to live with us within the next few months, but I need some advice. Can this be appealed? Reopened? Anything? Should we be hiring a lawyer? If so, should they be in Ohio or Arizona? Will moving her have a negative effect over things?

Any help, ideas, suggestions and advice would be greatly appreciated, I am just lost at this point and very frustrated. Thank you.
 
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#2
the only appeal she can make outside of the judicial system is to her state legislators and congressional representatives.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
have you done a check on her old lawyer to see if he was any good? or if he was in cahoots with the insurance company? a couple of hours sitting on a stool should not have blown her out of the water,unless 1 they had hours and hours of film on her 2 her lawyer was a scumbad who didnt know what she was doing 3 she had just a part time job that wasnt paying her much anyhow.
good thing is if she didnt get anything neither did the lawyer.Do call the congressmen and others altho they right now are worse than blood sucking ticks on dogs you may get lucky and hit on a good one.Hopefully you will get one who has spent some time in the military and will go the extra mile for your Mother.Keep her close remember when you get her to her new abode to check in with SS as sometimes amounts change with locals(Medicade) and she may get a bit extra to help her out.
........I love cats, I just cant eat a whole one by myself......







 
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#4
I would for sure not use that attorney again.. I can see a problem with it and then I dont.. Obviously she was kept out of work by her dr, and was written some kind of restrictions.. If she was staying in her restrictions I would either hire a new attorney or like Jayne said, go higher up and contact your congresman.. If she was on restrictions that prevented her to even volunteer and she went against restrictions then this could be another story but her medical should have been covered.. Some attorneys are just pure money hungry and maybee the ins company paid him off, illegal, yes but possible..
 
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#5
Wouldn't volunteering be included as trying to get back into the work force. If I was well enough to volunteer, I would and I would consider that as me TRYING TO SEE IF I COULD WORK AGAIN. Heaven forbid we walk our dogs in attempt to see if we can do it, or are we being fraudulant in TRYING to walk our dogs. REALLY
May my personal experience help others. No question is stupid.
 
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#6
Ya going to the Legion and spending time is one thing, doing anything in a "work" capacity no matter if she was compensated or not was the totally wrong thing to do I'm sorry to say. Having people testify that she only "worked" a little and didnt get payed just made it worse because even if it was "work" feeding starving children it qualifies as "work" which you are expecting an insurance company to pay her to not do. If her attorney didnt warn her against such things and then tried to make it right by explaining that the work she did wasn't really work work then he probably never worked a comp case in his life. Luckily if she is involved in the Legion she has a lot of contacts and likely someone that can get in touch with a state rep.
 
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