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Disability Classification appeal
#1
I went to my deposition last week. My lawyer didn't discuss about we will request the percentage of disability classification. I was so nervous in the court, all sudden my lawyer told the judge we request 70% of disability classification then he told me secretly "pls accept otherwise the insurance company's lawyer will bring more things up" then I accepted it. After that, he told me to sign some paperworks, I signed them all and told him to make a copies for me then he said no , this is for the office only he said . He rushes me to sign the paperworks and I didn't read what I've signed. when I get back go, I thought about it and I'm so worried now. I should let the judge to make the decision. Because I think 70% is too little. My question is can I appeal the 70% that I accepted?
 
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#2
common sense, do not sign anything without understanding what it implies; If your lawyer had documents ready, an agreement already existed. That insurance would bring more things? if they had more things to bring to the table or something to dispute anyway they would. 70% a lot or a little? Your Doctor and you know it. but from their own experience they do what they believe and the medical opinion and that of the injured worker weighs little. It seems that some lawyers like to pretend that a decision is made at the time of the hearing or in the waiting room. In my opinion it is not like that. Go to the website and check your ecase, if you don't know how to call 1800 of the wcb and ask. You can also tell your lawyer that you want to see what I sign, it is your right. running out of medical coverage if you need it is not a good idea.
 
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#3
When I settled the workers part and signed the papers, I was told I had 14 days to change my mind and cancel it.
 
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#4
You should not undermine your atty unless you plan to get new representation.
Talk to a few other attys. if the court has not yet accepted the stipulations, there maybe a chance to withdraw them. you can Find another atty That will withdraw them and will agree to represent you.
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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#5
(01-01-2020, 07:10 PM)1171 Wrote: You should not undermine your atty unless you plan to get new representation.
Talk to a few other attys. if the court has not yet accepted the stipulations, there maybe a chance to withdraw them. you can Find another atty That will withdraw them and will agree to represent you.

after being declared PPD and the attorney's fees determined by the Judge, Is it strictly necessary to have a lawyer? The claim will not be appealed or closed. and the medical part is authorized. Insurance is already paying PPD checks.
 
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#6
(01-01-2020, 05:19 PM)confusedNY Wrote: common sense, do not sign anything without understanding what it implies; If your lawyer had documents ready, an agreement already existed. That insurance would bring more things? if they had more things to bring to the table or something to dispute anyway they would. 70% a lot or a little? Your Doctor and you know it. but from their own experience they do what they believe and the medical opinion and that of the injured worker weighs little. It seems that some lawyers like to pretend that a decision is made at the time of the hearing or in the waiting room. In my opinion it is not like that. Go to the website and check your ecase, if you don't know how to call 1800 of the wcb and ask. You can also tell your lawyer that you want to see what I sign, it is your right. running out of medical coverage if you need it is not a good idea.

I know, I was too nervous on that day, my mind wasn't there, I'm so regret what I did.
 
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#7
(01-01-2020, 09:14 PM)Steve07NYC Wrote:
(01-01-2020, 05:19 PM)confusedNY Wrote: common sense, do not sign anything without understanding what it implies; If your lawyer had documents ready, an agreement already existed. That insurance would bring more things? if they had more things to bring to the table or something to dispute anyway they would. 70% a lot or a little? Your Doctor and you know it. but from their own experience they do what they believe and the medical opinion and that of the injured worker weighs little. It seems that some lawyers like to pretend that a decision is made at the time of the hearing or in the waiting room. In my opinion it is not like that. Go to the website and check your ecase, if you don't know how to call 1800 of the wcb and ask. You can also tell your lawyer that you want to see what I sign, it is your right. running out of medical coverage if you need it is not a good idea.

I know, I was too nervous on that day, my mind wasn't there, I'm so regret what I did.

I read online that appeal in very complicated and it can be a year without the TD benefits, not always favorable; Sometimes it can be worse. I probably didn't understand well. I think that if you don't trust your lawyer, you should consult another. It is sad that we have to look for answers online because lawyers treat us like 3-year-old children. a good lawyer can clarify things. You still have time. I don't think you're nervous, just morally tired, like everyone who goes through this.
 
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#8
(01-01-2020, 08:20 PM)confusedNY Wrote:
(01-01-2020, 07:10 PM)1171 Wrote: You should not undermine your atty unless you plan to get new representation.
Talk to a few other attys. if the court has not yet accepted the stipulations, there maybe a chance to withdraw them. you can Find another atty That will withdraw them and will agree to represent you.

after being declared PPD and the attorney's fees determined by the Judge, Is it strictly necessary to have a lawyer? The claim will not be appealed or closed. and the medical part is authorized. Insurance is already paying PPD checks.

You should start a separate thread if you are putting out a new question. It confuses those reviewing the original topic.
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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#9
(01-01-2020, 06:20 PM)tbear6410 Wrote: When I settled the workers part and signed the papers, I was told I had 14 days to change my mind and cancel it.

I was told by my attorney today I can't change my decision, because the parties expressively agreed to it at the time of the hearing. I assumed you talked about the settlement case?
 
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#10
Yes, the work part... Even though my lawyer and Ins. Carrier came to a number and I signed the papers, the Comp Judge told me I had 14 days to void it. Once the 14 days were up, then the IC had 30 days to pay me.
Right now, my lawyer is starting the process to close out medical..

If it isn't too late, call your workers comp office and talk to someone there about it. See if you do have a time limit to void it or not. Also explain to them you were never given the chance to read it... Never know unless you try.
 
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