this has got to be so beyond frustrating at this point and i agree, the other side's motives seem patently transparent.

isn't there some way to draw the judge's attention to these delay tactics? judges in my experience, generally don't like it when lawyers on either side of their courtroom promise and then fail to deliver results (movement of some kind... anything in the FORWARD direction -- not backwards, people! we're going backwards here!)

your concerns about the functional capacity exam being potentially harmful to your person are completely legitimate, beth. not to mention the fact, you've already complied with 'this portion of our program'-

is there some way for you to not have to take the FULL test over again, at least?!?! since the delay was caused 100% by the opposing side, if i were to guess i might say the judge's take (were he to be made aware of these preposterous 11th hour developments) might be something along the lines of "tough ch*t! work with whatya got!" sorry to use those big, complicated legalese terms, everyone, but hell!

they need an update on your prognosis AND a new exam because of their own bad behavior?!?!? i don't think so, milady!!!

tell your attorney you have complied fully and as far as you can see you guys should be done. ask if there is not some way to appeal to the judge re these outrageous demands by the justice dep't attorneys, which are arising out of nothing other than either their own incompetence or a stupid negotiating ploy to wear you down further and make you give in and accept a lousy settlement. which is unethical and quite possibly against the rules of fair play - again, it's all up to how the judge perceives it and, as tam has said, how the game is played within the jurisdiction in which your case is being heard, beth.

but i so hear you. this should be OVER. you should have had at the very least, a counter-offer of some kind - gimme an insulting one, SOMETHING! - 6 months ago!!!

meanwhile, the pacific waves are still lapping at the shore... i have you guys' room ready and on pretty short notice i am prepared to wrap this TOS mess up with you and yours in some kind of beach-inspired celebration. you just have to say the word when, my friend.

you are strong. you can outlast these bastards.

fresh horses for the men! the troops are weary; supplies are low...

but you WILL prevail. you are on the right side of this case. do not ever, ever forget that, beth. maybe take a step back from it emotionally, try and look at it with a cool head and not so much attachment to your and your family's very wellbeing as to the outcome. you are better - and so much more - than that. it is after all, just a piece of litigation. a fierce piece, but just a case. and it will be over.

i'd love to be a fly on the wall when that judge gets wind of these developments-. thanks for updating us and you HANG IN THERE.

breath deep the sweet fall harvest air. you will reap what you have sown, in time. of that i have no doubt. and your instincts are spot on. continue to follow them, beth... but perhaps a bit of detachment would serve you well here. at this point in time. that's all i am saying, and it's only a suggestion.


alison
"Be Brave"