MY IMEs.
the first one was actually an expert and the very nice case worker really did help me.
But it was my first injury {RSI- repetitive strain injury} and I recovered well after 9 months away from the assembly work. { a few months off & then light duty}
Anyway i had no clue how these injuries could become a chronic problem even though the IME dr did say that in his report and my dr at the time mentioned it too.
So silly me thinking i was indestructible
returned to my high speed assembly job with my type A work behaviors.
Multiple RSI, shoulder strain injuries later I was back in the wc system.

next 2 IMEs were with the same guy 2 yrs apart {diff dr that the first IME} - his report said the same thing both times...{I didn't request a copy the first time because I didn't know of that option}
So finally read both reports after the denial when I got an atty and he sent me copies.
essentially IME I was a malingerer and was trying to get permanent light duty..
Oh I didn't realize he was a psych Dr too NOT!!!

my main problem was that I could get healed beyond the pain and symptoms and that was when they would set the IME appt.
But as soon as they returned me to work My symptoms would return and I'd get re injured.
So to me it showed a that i do have a mild chronic condition that is easily aggravated by even moderate repetitive work.

I'm getting off track sorry..

To offset the 'bad" IME you need strong dr reports from your drs and an atty that will dispute and prove with your drs reports that the IME is totally wrong.

And your drs need to explain in the reports the long term /chronic issues and ongoing treatments that are needed.

And of course it needs to be proved that this was because of the actual injury in question.

Boy oh boy. What a day I had on Wednesday. To make an hour long blah blah blah fest a short story, I will tell it like this. As many of you know, I have spent the last week or so preparing for this meeting. I am the type of person who NEEDS to be informed. I have spent time on the internet, on this page, on several forums, and on the phone with several people from this site(you know who you are and again I thank you) and elsewhere. I spent several hours typing all of my questions in an organized manner and also typing an addendum to the IME report given by the insurance company's doctor. I was prepared and I was not going to forget anything so long as I had it on paper, right?

My wife took me to meet the attorney (the list has the questions I could think of before hand and my wife has the questions I should think of while in the meeting, I can't seem to think or speak very clearly at times). We arrived at five minutes before the meeting is supposed to start and tell the receptionist about the appointment. "Wait here for just a minute. I'll go back and tell him you're here." So we wait. Ten minutes pass and she directs us to the conference room where we sit. Ten more minutes the door opens. Again the receptionist, "He wants to speak with you for a minute." I think 'this is odd, because I would like to speak to him too. That is kinda why I scheduled a meeting with him'. She picks up the phone and hands it to me.

Now I don't know what all of your impressions were, but I was under the impression that 'let me go back and get him' meant that he was back in his office. Not let me go back and get him on the phone. After a quick attempt to, 'lets just chat really quick on the phone', I averted. He tells me that he was leaving court and running late, which I later caught him contradicting himself by saying that he was at home. All on my recorder by the way. Over an hour later the meeting finally started.

To sum it all up, I will tell you what happened in the first two minutes, the rest was alot more of this. I started by handing him a copy of the list of questions that I had compiled. As he was flipping through the pages (not caring about the text on them was made rather obvious) I started with point number one.

"In the time since I hired you over a year ago, I have talked to you two times totalling less than an hour. I have made all contact with the paralegal and spoken with her for 20 minutes total. You told me the last time we spoke and I quote 'from here on out we will be walking in LOCKSTEP'".

He paused for a moment and stumbled over the papers for a second before saying, "okay, here's the problem Jeremy.... Uh, at some point in your treatment you were going to treat with a different doctor, you wanted to switch doctors. You wanted to treat with Dr. Lockstadt. (puzzled, I looked at him and told him no) You were going to treat with Dr Lockstadt! (no?) Somehow, between you and your doctor and your nurse case manager you were wanting to treat with Dr. Lackstot. (I inform him that that is the first time I had ever heard that name in my life, my wife concurs) Look, if you didn't..........well, I might be confusing you with someone else (he flips through some of his file) Well then, why did you bring up Dr. Lackstop?(I say "I didn't.") Yes, you just did bring him up and I am wondering why. (again but more harshly to get the point across this time, "NO! I DID NOT!!) Okay well let's just go on to the next question then....."

Are you thinking WOW like I was? Now I listen to this blah blah blah for nearly and hour and like this I could not get him to answer the questions that I had taken time to organize and type. fifty minutes in, he puts the list in my file and scoots back from the table. I sit in astonishment at the nerve of this guy. He says that he has another meeting and begins to bring the meeting to an end. My blood is boiling at this point and I'm trying to contain myself. I simply forced myself up out of my chair and stumble forward a little when he says, "I've got your best interest at hand (this as I stumble forward and he pats me on the shoulder) Trust me Old Man. Ha ha ha." I didn't find this too funny and figured that it was in my best interest to leave right then (before I end up in jail).

I leave and am in some pretty bad pain from all the stress of the situation. I get to my destination and kick back on the couch at my cousin's house down the road from my own. I thought the original acusations of Dr lachstadt was unreal so I decided to let my cousin hear it. We listen to the first two minutes of the recording.

I don't know if anyone reading this caught it in the text but I didn't catch it in real life. Remember his quote that I quoted to him in the first question" walking in LOCKSTEP"? Anyone want to tell me why I brought up seeing Dr Lachstadt, Dr Lochstadt, Dr Lackstot, Dr Lackstop?

Anyone know what I am financially liable for when I find a new attorney and let him know that I am no longer in need of his services?

Good luck Sandy,
Try not to get too upset by the report. Stress and strain mentally affects us physically. I am still learning this technique but try to take some deep breaths and let it pass. You and I both know what you should expect. My second report was basically an extension of the first. I have found that a good book, a quiet room, a nice warm blanket and a cup of hot tea are just the right solution. Celestial seasonings make a good, inexpensive, and soothing blend of tea called "Tension Tamer". It does me right. Good luck again and we will chat again sometime.

J.

oh man, sounds like he just is aiming for his % of the payoff!

check your state website wc section and see the rules or info on changing attys. he is a work comp atty right? not a general /personal atty.
The state website should also have a ombudsman or something for wc, you can contact them help & ask questions.

kind of like the one I had - "oh I'll do it all for you" NOT!!
unorganized, never a straight answer to the few questions I asked...

I should have wised up and got a better dr & a better atty.
But hindsight is always .. ya know how that saying goes..

Sandy ,
Sometimes it is better when there is so many blatant mistakes and misinformation - it is simple for the atty to point out that the IME dr was very mistaken and possible confused on who's report he was writing...
Your dr & atty just have to have the proof to show to point tout those mistakes.
***************************************

But there are 2 main things that must be proven for a wc case.
{well maybe 3 =costs & future costs}

This is just my summary though for what it's worth

1- That the injury/s was/were caused at or during work time and during time of employment with said employer.

2- The injury itself must be proved and any aggravating or long term factors or treatments.

my state has rulings and case info on the state site- it's kind of interesting to browse those- might be a way to see what atty is getting the most wins.. I didn't think of that before.

Here's the site for work comp statutes in KY. If you didn't already have it. Lots of drivel but you can find stuff buried in it. http://www.workerscompensation.com/r...ky&Parent=2304

Here's one that addresses how they figure attorney fees into settlement. This has nothing to do with you switching attorneys, but something everyone should know. http://www.workerscompensation.com/r...nt=2312&title=

This is the main page to The Ky Work Comp Rules which is different from the statutes it appears. http://www.workerscompensation.com/r...ky&Parent=2312

On another board found a switching attorneys question. Which means when you settle the first lawyer would get X amount for his time, as I see it. Original link: http://www.workerscompensationinsura...ad.php?t=21923

On this page: [quote]"Mr. Austin, what will be the consequence if I switch attorneys after we file a complaint?" Return to Index

David Austin: "Maggie, there are a lot of things to think about. First, if you are switching attorneys make sure that you are comfortable with your reasons.

"In some states the first attorney will have a lien on the case to have his fee paid (or at least part of it). I know that in New Hampshire, for example, it is the act of filing a lawsuit that begins the lien right. Now, how much the attorney gets paid depends on the amount of work done, usually. You should never be in a situation where you are paying two lawyers, say, 30 % each. Something would have to be worked out.

"You also have to consider how it might affect your case in the court house and whether you have another attorney to continue the case. You should talk with the attorney willing to take over the case and ask him or her what will happen if they take it over, how is the fee handled. Put this stuff in your fee agreement.

"Sometimes it is better to switch because you end up with a more qualified attorney. Sometimes it is not, because you end up with someone who will not work the case."
Link: http://community.lawyers.com/chat/ch...chatId=193#one

This one addresses changing lawyers: http://www.tba.org/LawBytes/T1_1004.html

Your best bet would be to find another lawyer that is going to fight for you and ask him the rules in Ky and how much might end up going to the 1st one. There seems to be a consensus about switching though.

Hope this helps you out and saves you some finger time on the keyboard. LOL

Hugs,

Karen

I am not going through all this tonight, meds. But, I will definitely go through it tomorrow and check out these sites. I love to find new sites I haven't been to. Looks like these could be some. I will let you know what I find. Thanks alot. J.


[QUOTE=GalenaFaolan;442023]Here's the site for work comp statutes in KY. If you didn't already have it. Lots of drivel but you can find stuff buried in it. http://www.workerscompensation.com/r...ky&Parent=2304

Here's one that addresses how they figure attorney fees into settlement. This has nothing to do with you switching attorneys, but something everyone should know. http://www.workerscompensation.com/r...nt=2312&title=

This is the main page to The Ky Work Comp Rules which is different from the statutes it appears. http://www.workerscompensation.com/r...ky&Parent=2312

On another board found a switching attorneys question. Which means when you settle the first lawyer would get X amount for his time, as I see it. Original link: http://www.workerscompensationinsura...ad.php?t=21923

On this page:

Karen, I am still going through these sites you gave me and I, in all honesty, and having a very hard time making any sense of the crazy formulas that they are using. I found that if you use the......X-Y times Z to the power of X equals Z to the function 1 minus Z times Y equals.........how much you pay your attorney or something like that. So thank you for trying but I don't get it. I need it in laymen's terms. I can't focus on things anymore and I write everything down only to forget it later.

So, I have just posted this to the Workers' Compensation forum on this site but I thought that it couldn't hurt to post it here as well. I need all the help I can get and can't seem to find it from the sources you would expect to find it, so here goes.

Has anyone on here had to fire their attorney and find a new one. I have asked around a ton, and cannot find anyone to answer me one question. How much will it cost me to fire them? How much am I liable for monetarily? How much money will be coming out of my pocket if I tell them that I no longer require their services? How much DOUGH?

I have called other lawyers and they seem to not be willing to answer without knowing the entire story of how I got hurt, where, who is my attorney, who is the WC insurance company, what is my phone # and address, blah blah blah. I do not hesitated to give pertinent information, but the extras seem to me that they are just not wanting to possibly upset a friend (the current attorney) by helping me get some simple information that may speed up the process of FIRING MY ATTORNEY.

Please help if you have been through this mess before.

Hi Fishnchef,

BTW - My husband is a chef. We were in the restaurant business until just a few years ago, he now works as foodservice director for a rehab/nursing home facility that allows him to be home nights and weekends. It's a long story on how he got from serving fine food to not so fine food, but it's a good thing that he made the move because I got sick a year later. We'd be in big trouble if he was still waorking 70 hours a week and wasn't around to take care of the household.

Anyway - I am in the same boat as you with the attorney thing - I need to find a new one. The people I am working with now are just plain nasty. I think they were looking for the quick pay-off, and now that this has dragged out a while they want out. I need to make phone calls and find new representation, but I work all day and can't sit on the phone and talk about this stuff (no one at work really knows that I am sick).

Guys that are golf buddies probably don't want to create the appearance of taking business from each other, which might explain how some of the lawyers you have called seem unwilling to take your case. Plus, we are high maintenance. Meds, doctors, PT, etc. These guys probably like the nice quick jobs that don't generate a lot of overhead expenses for their firms and pay out nicely. That's not us.

Good luck, Sandy

this info might be on the oldest wc forum threads..

we used to have an atty posting but she is unable to now due to health.

some of her tips that I remember-

choosing atty {applies to wc attys too}

- read up on the judgments {state website}, see who's name comes up on the winners side esp on big cases

- if you can hang out in the hearings lobby/waiting room - and observe who is really on the ball with clients - ask for their cards and write notes on the back so you remember who is who

_______________________

This is what I recall over the yrs on the forums and may or may not apply in your state {my disclaimer LOL}

I think-
If yours is a wc atty no money should come directly out of your pocket.
- it usually is a % of the final settlement or judgment-
but when you fire one and get the new one - I believe they have to split that same percentage between them.
If it can be proven that one did not "do" much time/work % can be adjusted as to who did the majority of the work.

most wc attys won't talk any details or case issues until you fire the other one.
that's just how it is..


If I had to go thru it again this is what I would do -

research for good attys first
narrow it down to top best choices
then fire the one you have
then go interview with your top choices and make a decision after talking with all of them.

you can also post as many places as possible asking for referrals/names of very good wc attys in your general area - and see who comes up the most.