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CO claim...not sure what to do
#1
Hello, i have an open WC case,i'm a construction worker,  i hurt my back at work, MRI of lower back showed 4 discs, circumferally bulging, i told WC doctor i had more pains in my thoracic part of my back, WC doctor ordered a second MRI of my thoracic region, IC denied it, WC doctor referred me to ortho spine doctor, IC denied that too,they went ahead and sent me to an impairment rating to try and close the case, the doctor that did the impairment rating, said 10% was the max rating he could give, so he gave me a 5% raiting because i could still walk but was still in pain.....is all of this legit?? i have hired an attorney, but i mustve picked the worst one, her paralegal, doesnt return my emails or phone calls...i e- mailed the paralegal and told her i wanted to appeal,all she said was that the attorney would get back with me, its been 2 weeks, and still nothing..... a case manager for the IC that goes to doctor visits with me, relayed to me the day i said i was gonna appeal, that the IC wanted to settle....not sure what to do...do i hire another attorney?? and if i do...what can happen...anyone know??...the accident happened in Colorado, but since i'm from Texas, all my therapies have been done in Texas, impairment rating was also done in Texas
 
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#2
I assume your atty is in texas and your claim is being adjusted according to texas comp laws.
if you don't know, ask your atty or the adjuster.
generally when there is dual jurisdiction the worker has the option of which state laws to file under.
in any event, you should talk to a number of attys before deciding to switch.
if you are not happy now with your representation, don't wait until after your settlement to complain.
in both colorado and texas workers compensation is a recognized legal specialty. if you do switch, make sure you get a specialist; workers comp is complex and you need experienced representation.
try here
https://www.texasbar.com/AM/Template.cfm...t_Main.cfm
or
https://www.avvo.com/workers-compensation-lawyer.html
or
https://www.wilg.org/index.cfm?pg=publicdirectory
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
(03-03-2017, 05:27 PM)1171 Wrote: I assume your atty is in texas and your claim is being adjusted according to texas comp laws.
if you don't know, ask your atty or the adjuster.
generally when there is dual jurisdiction the worker has the option of which state laws to file under.
in any event, you should talk to a number of attys before deciding to switch.
if you are not happy now with your representation, don't wait until after your settlement to complain.
in both colorado and texas workers compensation is a recognized legal specialty. if you do switch, make sure you get a specialist; workers comp is complex and you need experienced representation.
try here
https://www.texasbar.com/AM/Template.cfm...t_Main.cfm
or
https://www.avvo.com/workers-compensation-lawyer.html
or
https://www.wilg.org/index.cfm?pg=publicdirectory
 
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#4
First, Ty for your help, no, my atty is in colorado, i tried having my claim changed to Texas, but the CO WC commision said that i could only transfer the medical part, therapies and doctor visits, but that ultumately the case would be settled in Co, since the injury happened in CO
 
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#5
I assume there was a jurisdictional bar to your option, but no matter, you can find another Colorado atty to take your case.
Hopefully your rating was done according to Colorado rating guidelines.
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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#6
what i am most worried about is, how they approved an impairment rating, without the full medical examination of my back, i asked my atty's paralegal for the denial letters a month ago,she never got back to me on that, also, if i get a different atty, will i have to pay out of pocket, since the first one is probably taking most of whatever they gonna give me after all is said and done,i'm not signing anything until the thoracic part of my back is looked at ...thats for sure
 
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#7
When there is more then one atty the fee will be shared.
The doctor may have just rated the approved/accepted conditions.
Your new atty will get the file from the prior atty and can share any records you want.
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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#8
oh..ok..i'll start looking for a new atty on monday,,,ty for the help
 
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#9
Sure.
That's what the forum is for.
Be well.
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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