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Old 12-12-2003, 02:06 PM   #1
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Amy R. HB User
Question worker's comp hearing

Hi everyone. I've never written here before, but I've read for a while now, and I feel so sorry for you all.

I've had disabling back pain since 1/03 - a work accident that is not disputed. I was teaching, and trying to break up a fight.

The school's dr's have offer nothing more than Vioxx now (I've tried chiro, pt, epi's, lidoderm patches, acu, etc), which obviously doesn't cut it. I can't teach, but I'm trying to tutor. No dr - even the ones I've visited myself - have taken me off work, but have given me restrictions. Of course, the school's watered-down description of my job magically fits my restrictions. I'm sitting around with no money, and they don't want to pay disability or difference in salary now that I'm working (or trying to - about 5hrs a week).

I have a hearing Tuesday, and probably won't sleep until then. Their lawyer is very unkind and intimidates me. He tries to question how I can walk up the stairs at night, and why I don't use the scooter at the grocery when I go to get a day's supply of food for my child (hurts to sit!).

I was wondering if anyone's been to a hearing, and what happens. Is it horrible?? Do you get cross-examined and yelled at? I know I'm going to cry through the whole thing.

What can help you win a case? Lose a case?

Why is this going to trial? Is it automatically a bad sign that this wasn't settled before the hearing??

Thank you.

 
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Old 12-12-2003, 06:00 PM   #2
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Exclamation Re: worker's comp hearing

hello amy, i feel for ya, i have gone through the same thing you are, 3 times and i won all 3,yeee haaaa.. anyways do you have a attorney ? i got one and it only cost me if they get any money. i would call around or look in your phone book. i live in minnesota so i dont know where you live and what their workmens comp laws are. but if your only working 5 hrs a week i think you said? then by law they have to make up the difference. as far as the hearing i would do 1 of two things, 1. see if you can reschedule when you have a attorney or 2. just do as much research as possable on the workmens comp laws in your state. their wasnt any yelling or anything like that at my hearings, the jodge will just ask to hear both sides and then in a few days or so have a decision.but it sounds like you been getting screwed around so i would get an attorney that only gets paid if you when any $$$$ and a settlement some where down the road, i finally got my surgery sched for jan 8th and am in works on the settlement. if you need more info or someone to talk to ill be more then happy to help and or listen. you can email me at [COLOR=Red][removed] , [/COLOR] by the way im Rob, its nice to meet you

Last edited by moderator2; 12-13-2003 at 01:08 PM. Reason: Do not post contact information. These boards are for anonymous use only. Please carefully read and follow the board posting guidelines. Thank you.

 
Old 12-12-2003, 06:45 PM   #3
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Re: worker's comp hearing

Hey, Rob. Yes, I have an attorney. I would never DREAM of appearing before theirs without one! Congratulations on winning your cases. Were all three for different or the same injury? My attorney will be there. I like him, but I do wish he'd call more often. Thank you for telling me it will be a few days before the judge will decide - I thought it would happen there. And yes, my lawyer only gets paid if I win - he'll take 15%. Good luck on your surgery - I hope it's a good way to bring in '04. What's your diagnosis?

 
Old 12-12-2003, 07:01 PM   #4
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Talking Re: worker's comp hearing

lol, you only get charged 15%? im moving where you are, they get 20 or 24% here in minnesota. all 3 where for the same injury, 2 of them the tried discontinuing my wrk comp case and 1 was they tried cheating me back pay from when they tried dropping my case. as far as contact with your attorney i know what you mean, seems as if you never hear from them. that drove me knutts.i ended up requesting sike treatment, helps to have someone outside of it all to talk to,plus i like my happy pills they gave me...lol.. do you have a QRC Rep helping you also? ask for 1 if you dont, see if your attorney knows any, the insurance company has to pay for them.i fractured my back aug 18,2002, and thats when i found out i have bilateral spondylosis and mild spondylolithesis of my L4 -S1 ,by the way a QRC is a rehab specalist.didnt know if you knew that or not.[QUOTE=Amy R.]Hey, Rob. Yes, I have an attorney. I would never DREAM of appearing before theirs without one! Congratulations on winning your cases. Were all three for different or the same injury? My attorney will be there. I like him, but I do wish he'd call more often. Thank you for telling me it will be a few days before the judge will decide - I thought it would happen there. And yes, my lawyer only gets paid if I win - he'll take 15%. Good luck on your surgery - I hope it's a good way to bring in '04. What's your diagnosis?[/QUOTE]

 
Old 12-12-2003, 07:40 PM   #5
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Re: worker's comp hearing

No, I didn't know...what does QRC stand for??? It's 15% b/c he's an indirect friend. His regular rate is 25%. This is Georgia. Does a happy pill really work? I've never tried one. Did your L4-S1 (I have L5-S1??) make your tailbone hurt? It feels like I've been getting kicked in the tailbone for a year. In Minnesota, it seems as if it would always be cold, and that would make things worse (bone/joint pain).

 
Old 12-12-2003, 07:50 PM   #6
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Talking Re: worker's comp hearing

a QRC is a rehabilitation service, they help you get retrained if need be and different things, tey are kinda a middle man, they cant take sides.my wife and i lived in Georgia for awhile, kinda miss it.as far has my tail bone hurting oh yaaa, mid back, leggs.as far as my happy pills it helps with the stress some, just started seeing the shrink and taking my pills about a month ago. i havent noticed much change in pain or anything since winter hit, it hurts all the time no matter what.[QUOTE=Amy R.]No, I didn't know...what does QRC stand for??? It's 15% b/c he's an indirect friend. His regular rate is 25%. This is Georgia. Does a happy pill really work? I've never tried one. Did your L4-S1 (I have L5-S1??) make your tailbone hurt? It feels like I've been getting kicked in the tailbone for a year. In Minnesota, it seems as if it would always be cold, and that would make things worse (bone/joint pain).[/QUOTE]

 
Old 12-13-2003, 01:21 PM   #7
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acme HB User
Re: worker's comp hearing

hotpotato,
Good that you have a Laywer! I have also had 3 hearings through the yrs. Each time a surgery was required the pesky W/C Folks would deny me benifits! Each time for me was gut wrenching.......But I always won! Last surgery I had was L-4/ L-5 Fusion 26 mos. ago! I'm doing Great! Keep on fighting.......It's your back!! Oh.....& never -never settle!! Leave you case open.......Just incase!!
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Old 12-13-2003, 05:33 PM   #8
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hotptato HB User
Thumbs up Re: worker's comp hearing

here in mN they have to keep medical open even if you settle, as far as money i am getting all i can by state laws. that part stinks but oh well.lol[QUOTE=acme]hotpotato,
Good that you have a Laywer! I have also had 3 hearings through the yrs. Each time a surgery was required the pesky W/C Folks would deny me benifits! Each time for me was gut wrenching.......But I always won! Last surgery I had was L-4/ L-5 Fusion 26 mos. ago! I'm doing Great! Keep on fighting.......It's your back!! Oh.....& never -never settle!! Leave you case open.......Just incase!![/QUOTE]

 
Old 12-14-2003, 10:16 AM   #9
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Amy R. HB User
Re: worker's comp hearing

Does your spouse go too, or are you in there by yourself?

 
Old 12-14-2003, 01:35 PM   #10
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hotptato HB User
Re: worker's comp hearing

i have had all 3 of mine over the phone at my attorneys office, we live like 50-60 miles from the cities so we can have our hearings by phone confrence[QUOTE=Amy R.]Does your spouse go too, or are you in there by yourself?[/QUOTE]

 
Old 12-15-2003, 10:46 AM   #11
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Question Re: worker's comp hearing

Does anyone know...will I be talking a lot, and cross-examined a lot, or will it be mostly my lawyers talking, with me sitting there? Will the judge decide then, or do I have to go home and worry for days??

 
Old 12-15-2003, 11:26 AM   #12
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hotptato HB User
Re: worker's comp hearing

well for me i had all 3 of mine over the phone at my attorneys, he did all the talking all 3 times, he asked me a few puestions then he answerd the judge. it took a few days to get a an answer.[QUOTE=Amy R.]Does anyone know...will I be talking a lot, and cross-examined a lot, or will it be mostly my lawyers talking, with me sitting there? Will the judge decide then, or do I have to go home and worry for days??[/QUOTE]

 
Old 12-15-2003, 11:55 AM   #13
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acme HB User
Re: worker's comp hearing

Every W/C hearing I went to I was questioned By both my Laywer-The W/C Laywer
& the Judge/Magistrate! Took 6 weeks to receive the Judgement in the mail!
After winning it then took months to receive back pay. Re-inbursement for Meds..Drs...
Ect.....
W/C process is long & Gut wrenching in my opinion!
Just tell the truth!!
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Old 12-15-2003, 12:27 PM   #14
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hotptato HB User
Re: worker's comp hearing

well for me it is the truth, ya W?C is a pain in the butt, every state and every hearing is different, either that or im just lucky, it did take almost a motn to get my checks and stuff reinstated but other then that the hearings went pretty well. if you have a good attorney then you dont have much to worry about unless your faking your injury.[QUOTE=acme]Every W/C hearing I went to I was questioned By both my Laywer-The W/C Laywer
& the Judge/Magistrate! Took 6 weeks to receive the Judgement in the mail!
After winning it then took months to receive back pay. Re-inbursement for Meds..Drs...
Ect.....
W/C process is long & Gut wrenching in my opinion!
Just tell the truth!![/QUOTE]

 
Old 12-15-2003, 04:13 PM   #15
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Amy R. HB User
Re: worker's comp hearing

I wish I were faking. This pain is definitely not pretend! It doesn't matter anyway - the other lawyer got ANOTHER extension, so it will be another month before my hearing...again. I just wanted to know one way or the other before Christmas, so I could be at peace w/ whichever way it went.

 
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