Please see my "bio" on the introductions page

I need not say anything else

great bio and story.
I hope you don't mind me putting the link here so it is easy for the others to read-
http://neurotalk.psychcentral.com/post440006-120.html

We have a work comp forum too if you haven't found it yet, might be something interesting or helpful there.-
http://neurotalk.psychcentral.com/forum30.html

Jo55,
I just got on here this morning actually. I need some more help with the questions to the attorney. I have received so much help, I will be here from now on! Thanks for your assistance and the assistance of everyone involved. I am going to check the WC forum in the morning before my meeting for some last minute chance at finding the "straw that breaks the camels back". Sorry for that quote. I am rather burnt out from todays computer searching and rampant emailing. Thanks again to everyone. J.

Hi J.

I just read your bio----

I received a copy of the IME Dr.'s report 2 days ago from my attorney. It was full of ommissions of significant facts in addition to outright lies. He also screwed some info up, making me wonder if he had confused me with another patient (i.e. -I tore my rotator cuff, not my labrum).

All I can hope for at the moment is that this man burns in ****. I would love to confront him in person but unfortunately that's just not the way to go.

My story is not too different from yours, with the exception that my injury was to my upper right extremity, I have a desk job, and I have returned to work FT. I am also a little further behind in treatment compared to you, I am getting my 2nd SGB tomorrow morning in Boston.

Sandy

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.

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.

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.