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Will my lawyer fight for me??? Is there something else I can do to help my case???
#1
I just spoke with my lawyer.

My hearing is tomorrow and both the IME doctor and my doctor are saying two different things.

The IME doctor says that I am a Scheduled Loss of Use and my doctor is saying that I am a permanent partial classification.

The lawyer said that tomorrow they will stop my payments and have to do an "over the phone" deposition of both doctors to come to a conclusion.

He also said that "classification" is usually a back injury and so he doubts that the judge will rule in favor of the classification which will end up with me having no money whatsoever after they deduct what I was already given.

SO THESE ARE MY QUESTIONS:

How can my doctor put me at a permanent partial classification if this is not usually given for arms, and how can I fight to get it???

I want compensation for all the money I haven't been able to recieve at my former job due to this injury.

Will my lawyer fight for me??? Is there something else I can do to help my case???

Is there also a way that I can fight for my rights if I do not like the ruling?
 
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#2
Kitty, if You are in Litigation, and the Judge has to Rule on which Dr. is Credible, and which Classification they are to Use, Your Monetary Payments should not Stop until the Final Ruling form the Judge, and only if it's not in Your Favor! I'm not Sure what Your Attorney is Telling You, I'm in Pa. and have been in Litigation for Over 2 1/2 Years, I'm Currently awaiting the Judges Ruling, and I've been Paid the Entire Time, and I am still getting Paid. You May want to ask Your Attorney for a Clarification on what they have Told You, and to Answer Your Second Question, if You don't Like the Outcome You should be able to Appeal the Decision to the w/c Appeals Board. As far as Your Attorney Helping You with the Appeal, the Contingency Agreement I Signed with My Attorney States that the Only Way they will Help with Appeal is if a Separate Agreement is Made with My Attorney. I think they do that in Case You Lose and they can't See a Win in Appeals, they don't have to take the Case if they don't want to. Please Read the Agreement You Signed with Your Attorney, and if there is nothing Written there, You May want to Call them!! My best to You, I Hope All Goes Well!!Wink
 
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#3
Still in Limbo Wrote:Kitty, if You are in Litigation, and the Judge has to Rule on which Dr. is Credible, and which Classification they are to Use, Your Monetary Payments should not Stop until the Final Ruling form the Judge, and only if it's not in Your Favor! I'm not Sure what Your Attorney is Telling You, I'm in Pa. and have been in Litigation for Over 2 1/2 Years, I'm Currently awaiting the Judges Ruling, and I've been Paid the Entire Time, and I am still getting Paid. You May want to ask Your Attorney for a Clarification on what they have Told You, and to Answer Your Second Question, if You don't Like the Outcome You should be able to Appeal the Decision to the w/c Appeals Board. As far as Your Attorney Helping You with the Appeal, the Contingency Agreement I Signed with My Attorney States that the Only Way they will Help with Appeal is if a Separate Agreement is Made with My Attorney. I think they do that in Case You Lose and they can't See a Win in Appeals, they don't have to take the Case if they don't want to. Please Read the Agreement You Signed with Your Attorney, and if there is nothing Written there, You May want to Call them!! My best to You, I Hope All Goes Well!!Wink


Limbo, my lawyer told me this morning that if they keep paying me my payments, and then the judge rules against me that I would be required to pay all that money back! Is this true??? If what you are saying is true about them not stoping my payments while in litigation (and I already suspected this), then why is my attorney saying otherwise? It seems to me he is looking out for his own best interest.
 
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#4
Kitty, We need Your State You were Injured in to be able to be More Specific with Our Answers. In Pa., I believe they have a Fund that Covers the I/C if a Person should Lose here in a w/c Case, but without Your State, I can't be Sure that is True for You!!Wink

P.S. I just checked Your Bio and I See You are in New York, I'm Sorry I didn't see that before. I Wish I could Help You, but I have no Knowledge of N.Y. Rules and Regulations. Hopefully Someone Like 1171 will be on Shortly and be able to Assist You. Again I'm Sorry I can't Help, I Surely would not want to Lead You down the Wrong Path!!
 
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#5
Does anyone else know?
 
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#6
Generally the question about whether your lawyer will fight for you is a question best directed to your lawyer. Lawyers will work to represent you, but be clear, they are guarding their own interests as well. If your lawyer sees limited gains from fighting beyond a certain point, he is going to look for the quickest solution. Not saying he is going to screw you, but these guys like to think that they are the knights in shining armor, helping the poor and downtrodden from the forces of evil. In reality, if the poor and downtrodden happen to work at an uninsured employer, they will dump you. They do this to earn a living, and many of them do quite well at it. Ask your lawyer how many pro bono cases he's worked in the last year.

I am not necessarily anti-lawyer, but they are not the guardian angels they portray themselves to be. The best defense is one with an active, engaged defendant; one that asks questions and won't be brushed off as a nuisance by an overloaded attorney. Consider your attorney a partner in your case, and let him know you are a partner as well. Part of his job is making sure you UNDERSTAND what is happening.
Asking questions and doing your own research helps.

You said, " I want compensation for all the money I haven't been able to recieve at my former job due to this injury." You will most likely never get the full amount you are losing. In New York, no payment is due for the first 7 days of disability unless the disability lasts longer than 14 days, then the first 7 days will be paid retroactively. The first payment of benefits is due on the fourteenth day of disability and benefits for that period are paid directly to the employee within four business days thereafter or within four business days after the filing of required proof of claim, whichever is the later. After the first payment, benefits are due and payable bi-weekly. When compensation benefits are awarded by the WCB at a hearing , the next payment is due no later than 2 weeks after the last “paid to date.” Payout is 67% of your avg weekly wage, with a state mandated cap of $500 a week.
 
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