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Hearing yesterday
#1
>>>>We sat for 3 1/2 hours to find out the hearing is to be continued. I'm not sure if that is good or bad. My lawyyer is also filing a petition to test my workplace in the same fashion that they want to test my home. Smile He said that if we can make it hard enough for them they will drop the whole thing. My lawyer tried to scoot me out the door without addressing the other issue that was supposed to be addressed in the hearing also. That was for payment of out of pocket expenses that I have incurred in the past year. Their lawyer says that a check has been cut and I should get it shortly. There was an order for payment of these expenses back in April so I'm not sure I will bite on that one.
>>>> I guess on the bright side of it all I did not have to go in front of the judge again.
Nothing changes when nothing changes
 
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#2
I had my first hearing today. Disputing my rating of the IC doctors and my treating doctors differences. It went better than I thought it would. It was just their lawyer and me, judge. The lawyer was told that because of the difference in their rating that they had to request the hearing. The lawyer went first of course. Asking questions of when it happened etc. Mostly the lawyer focused on how his rating doctor was more credible etc. Of course because he had a big difference in rating and opinion of what my diagnosis is.

I held up pretty good for a good part of the hearing. Something made me snap and break down and I was offered a break to the ladies room to gather myself. I then came back and was able to finish. It left with the judge making a desicion and sending copies in the mail. After the hearing the judge talked to me in the hallway and said I may want to consider a lawyer. I do not think that was a good sign. I said next time I will bring one. He said I may not have a next time. Meaning hopefully it will be over when he makes his decision. The judge said I did very well and he was surprised I did not cry earlier. Said I did very good holding up till then.

Now it is just a waiting game. There is a question as to if i will be at MMI anymore due to mention of getting a injection in my neck soon. The lawyer said the judge should reconsider me not being at MMI if still getting treatments. I was already told I will not get much better than I am by many doctors, but now this MMI thing was mentioned at closing arguements.

I am wondering now if they may take me off MMI. Is that possible for them to do? If the injections do not help, will I have to be rated again after treatments? It is documented everywhere that I am at MMI and I am also working 40 hours a week at a new job for almost 10 months now. I had a 32 % rating from my doctor and 10% from the IME doctor. What could happen? Could they automatically by evidence put a rating down and send me a check? Will I have to go for another hearing after for that?At the beginning of the hearing the judge asked if i was paid yet for the 10%. It is put on hold till after this hearing because of the difference.The judge was surprised I was not paid yet and questioned why.

Anyone have any thoughts from their experience what may happen when I receive the verdict in the mail from what I typed about the hearing? I know it is a shot in the dark, but would like to hear other points of view.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#3
gads it could go either way.....depending on who the judge believes.....he/she will most likley ask another doc to look at all the DRs reports to help him...that is what the judge did in my case sent me to his own that is where they found even more damage than they had expected.....
........I love cats, I just cant eat a whole one by myself......







 
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#4
Sparkey, like Jayne has said, it can go either way. What did the Judge mean, maybe they meant an Appeals with an Attorney if you don't like what you see now. Why not break down and start calling some. I know I would. Then again, I do know, I can't and couldn't have done all the things my Attorney has done up to date for me.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#5


CD......what a pain in the butt. I believe that when it comes to appeals, hearings, etc. that some IC's if issues are made too hard will call it quits. Not all but some do. Some just keep getting uglier and uglier. Sounds like you're in a good position now.


Sparkey......I knew you would be alright. Have to agree with BB. Maybe just interviewing a couple of attorney's just in case things get ugly and you need one. I also could not have done what my attorney has accomplished for me.


CAP
 
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