Layoffs, Unemployment and Worker's Compensation For discussion of any topic related to one's employment and unemployment, worker's compensation, and job.

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Old 08-17-2007, 01:07 PM #1
oggie oggie is offline
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Default Workers comp - Compensation - Medical

I am in the middle of a very long and frustrating Worker comp case involving my neck. I have cervical spondylolisthesis and I've been rated by my QME as having a 26 percent disability. This has not been to court yet and is still up for review between lawyers. I have a worthless lawyer who only forwards correspondence from the other lawyers office and held one deposition for me. I am taking my case into my own hands but kept the lawyer as I'm not educated on the law part of this whole thing. In any event, I'm looking for information from anyone out there that knows about compensation and how that works. I want future medical care and my lawyer states he is also going for $$ compensation. Does anyone know how to figure out the calculation of how much the award should be? I'm also permanently disabled due to a horse accident, (this does not have any bearing on the neck injury) and I was wondering how this would effect my medicare also. Can medicare hold the amount awarded in a fund and I would only use that for neck treatment? Or if the medical is awarded do they just put some funds in an account in medicare and I would also get a $$ award. I wanted $$ so I could get the treatment I want instead of what medicare allows. I need massage, accupuncture and chiropractic. Any links to sites or experiences would be greatly appreciated. Also, links to worker comp cases similiar to mine. I have cervical spondylolisthesis with a bulging disk.

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Old 08-17-2007, 01:13 PM #2
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If there are many comp attys in your area - you might fire the one you have and find a better one.

I wish i would have done that in my case - I think mine could have done a better job too. But my doctors didn't have all the knowledge needed either.
Hind sight is great LOL.

read thru some of the other posts and check out the stickys above there's some good info links posted there.
sticky links-
http://neurotalk.psychcentral.com/showthread.php?t=1117

I don't know anything about the Medicare part - you might find some info in the Social Security Disability forum-
http://neurotalk.psychcentral.com/forumdisplay.php?f=28
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Old 08-17-2007, 01:44 PM #3
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Default attorneys

Thanks for the links. I will definately be busy now. One more quick question, can I fire my attorney without having to pay him? I think the man gets 12 percent. In your experience, what did your attorney do for you? I've had to review all the QME reports that have shown major errors and inconsistencies between his 3 reports. I also don't have records of other medical reports that the other lawyers came up with and forwarded to the QME doctor. He's incorporated them into his reporting. I've requested my lawyer to get those reports, but isn't this his job. Is it not his job to review the reports and find out what I did? I should pay myself. I've spent over 1 week full time reviewing this. Can I be my own attorney? The only problem I see with getting another attorney is finding one that will take my case and more time lost on this case and having to start over. What's your thoughts...
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Old 12-27-2007, 09:51 PM #4
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sweetie if you want to talk reply to me ive had 5 surgeries on the same knee and they gave me 8000.00 and said be happy i took matters in my own hands after be closed my claim with no lawyer%@#@@ i got back on if you got settled out let me no SERIOUS
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Old 12-28-2007, 03:11 AM #5
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Oggie, I really hope you did not settle this out yourself and you hired a new attorney. I know it means it would take a little longer to get to the end of things but in my opinion better to take a little longer and get it right than to rush through it without all the information and knowledge that would make sure you get everything coming to you. Without an attorney or working knowledge of the laws in your state the other side will take advantage of the situation and you. As for if you have to pay your attorney if you fire them, that would depend on what you signed when they took on your case. If they said you would be responsible for hourly rate or you would have to pay a percentage of what they got for you.
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