My WC case was denied. this was almost a year ago. Attorney filed a claim petition and went to court back in the spring with the Insurance co. 's attorney. The Judge set a date and time that day for Feb. Told both attorneys this would be one day, so make sure they were ready. When I received my notice from the Dept. Of Labor and Industry it is written just like this "THIS WILL BE A ONE DAY TRIAL, THERE WILL BE NO CONTINUANCES!!" That being said i get a call from my attorney yesterday telling me we won't be going to trial next week, they are finishing everything through the mail. In the meantime the Insurance Co.'s attorney wants two more depo's. one from my supervisor who wasn't even there so not a witness and another co-worker who was the first person I came across after I was injured, he is also not a witness. How can an attorney when the Judge says be prepared, no continuance get away with this. If he wanted the other 2 depos he had almost a year to get them and at least 6 months after mine was give. They still have the same time frame to get all paperwork in to the judge but now instead of me being done in court next week these depos might not be for another month. I feel the IC is fishing because they have nothing and using this as a stall tactic. Anyone else have a turn on this?

ICC

Icc,sorry to hear things arent going well for you.but you said that your case was denied,had it ever been open initially?

no badbac it was denied immediately. It just aggravates me to know that the IC has nothing to go on and all of my ducks are in one basket. I have 3 dr.s including theirs on my side. This is a stall tactic and I have no idea why the Judge would allow this after being so emphatic about there being no continuances. this isn't looked at as a continuance i guess because all paperwork will still have to be by the same time as if we went to court except they wouldn't have these 2 extra depo's they want so in my mind they aren't prepared.


ICC

I can see how you would be aggravated.I guess anybody would be after a year.I want to tell you to just have patients,I know its hard.It seems like you have all the documentation on your side.(right)You have a lawyer.Do you have any source of income coming in.sorry to pry.but with no income thats what it all comes down to not being able to survive in this treacherous world.They just make it so hard.The IC is just hoping that you"ll give up and try some thing else.What happened to you to get in this situation?

ICC i know who you are now.you responded to one of my post a while back.I read kinda whats going on.just hang in there.I believe that every thing will eventually go your way just have faith.Ive started to see a new doc since that post when you responded to mine and also have lawyer.its just a waiting game now.bad bac

I feel your pain friend, workcomp insurance attorneys are the sleaziest people you'll ever meet. My case took 2 years in court. They came up with every trick in the book. They said they had witnesses left and right, they cancelled depositions, they made 3 offers to settle. When it came to the last court date we were walking in to see the judge and they caved. They admitted fault and accepted my case. They just want you to give up and go back to work or settle your case. Hang in there, don't let them win!

Hi Michael.........Thanks for the response. I agree totally about the sleazebag attorney's. I knew this would happen as it took my husband more than 3 years to settle his case. Stupid things. His first comment to his boss was that he had horrible stomach pains. Having injured my back before my first symptom was hip pain. 4 herniations and rmoval of 2 of them, he did win. In my case Ihave 5 permanently injured body parts. Having shoulder surgery in a couple of weeks. Hopefully it will fix one part but the others have to be nursed and never injured again or I am in real trouble physically. All evidence has to be in the Judge's hands in less than a week so I will have to play the waiting game a little longer. It could take another 30-120 days for the Judge's decision. I am truly hoping no longer than that. I was called as a rubuttal witness at the other 2 depos. This was agreed upon with both attorneys and yet the IC attorney objected. Objected to what? He agreed that if my attorney went along with completing this through the mail and not going to court again that he would agree to me being present and called as a witness to counteract anything the other 2 lies about. Well my co-worker who was not a witness had nothing to say except that I hated my job which isn't true. He was lied to. He was told I named him as a witness which I did not therefore the IC attorney also lied. My attorney was right on them. I was very dissapointed at my co-worker as I really thought he had more respect for me and knew me well enough to know that I wouldn't lie about anything expecially something as important as naming him as a witness when he wasn't. My boss testified under oath that he denied my case since we had words the day before. How fair is that? We've butted heads for many years and he knows I am probably his most honest employee, so to say he denied it because we had words to me is breaking some sort of employment law. I am hoping and praying for a decision from the Judge in my favor so I can continue to heal and get on with my life out from under their thumb of dishonesty. the WC system in this country is certainly not written for the IW but for the employer and IC's pockets.:mad: Employer testified that he cannot make my job light duty and 3 Dr.s have said I can't work at all so I guess retirement is inevitable. That's OK with me because I have had it. Physically and mentally. I feel for anyone thrown into the WC system.

ICC:)

I just can't believe the stories I hear about the hard time people have with thier wc cases. Been involved in my ordeal for several years now and never had Any trouble getting paid, bills getting paid, getting stuff I need, reinbursments not a problem ect.. Im sure I just jinxed myself but I feel for the folks that have such trouble. It just add to the ick of the situation that your already in...Good Luck to all!

thanks HAGFAN..........You are one of the lucky ones. God bless. You didn't jinx yourself as all IW care about each other and we wouldn't wish you any bad. Just lots of prayers for continued success. Hopefully we will all win out in the end.


ICC:)