[SkyriderEKM]

I have been off work since the end of Feb last year. The MRI has deemed I have a severe lower lumbar sprain. I have 4 bulging discs and have had 3 epidural spinal injections with cortisone to try to alleviate the chronic pain.

I had been receiving weekly benefits up until two weeks ago. My WC hired a Voc Rehab Co to get me back to work even though I was NOT able to complete the Work Conditioning Program set out by my Specialist and Physical Therapist. My Specialist has listed me as having a permanent disability (6% according to Indiana Guidelines) and with permanent restrictions.

I had a meeting with the Voc Rehab person and TOLD HER, I didn't feel I was able to work with such chronic pain. I also told her I wanted to be considered for retraining. Never the less, she kept sending me information of places she wanted me to go and apply for work. I balked at it. I never went to any of them. I did tell her I had retained the services of an attorney.

After meeting with an attorney in Kalamazoo (only met him once), he first advised me that I should be filing for Social Security Disablility. He also said he was going to send a letter to Voc Rehab and to my WC, advising them he was handling my case. He would be asking for rehab training and to settle me case. Shortly there after, I recieved a letter of Dispute of Claim from the WC, ending any and all benefits due my "non-compliance" and not applying for work.

As of today, it has been 10 days since my last phone call to the attorney's office. I have called him 3 times. I sent two faxes with the letter of Dispute. I have not heard one word from him, nor any letters or other form of communication. Has he done ANYTHING on my behalf?? I haven't a clue.

My question is: Do I still have a case with WC and how long do I should I wait before I try contacting this attorney again?? Should I consider retaining a different attorney?? The clock is ticking......... bills need to be paid.

[Mr. Knowitall]

If you still haven't heard back from him, consider consulting another worker's comp lawyer.

[SkyriderEKM]

Thanks for the advise. I did call him again this afternoon (4th call). If I don't hear from him by Wednesday, he is history. I'll be the bigger of the two of us and at least let him know he needs not do anything on my behalf (as if he ever did in the first place). I would hate to put him out or anything like that. I might just send it registered.......that way he will have no recourse on me - and to cover my backside.....just in case he decides to surface at a later day.

[sun^flower]

it is always a good idea to consult 4 or 5 attorneys before deciding which one to go with.. remember YOU are the boss.. not the attorney.. he/she is working for you.. have you began to review Michigan work com laws??? good time to start getting to know them.. and one more thing. even if you fire your previous attorney he/she still has rights to the agreed amount percentsge they would recieve for taking your case if it wins..i sent you some links on yahoo..hope they can be of somehelp

[SkyriderEKM]

My attorney finally did call back. Seems one of their other associates decided he didn't want to be an attorney any longer and WALKED OUT, dumping 75 open and active cases on my attorney and his partner's desk. They are still scrambling, trying to cover everyones' bases and not drop the ball, so to speak. My attorney advised he DID get my fax regarding the disputed claim and he already filed a motion on my behalf to reinstate my benefits. He said since this is/was an open case, it will be "fast-tracked" and will be resolved within 2 months max. To make matters even worse, his one and only private secretary took an "extended vacation". She will be in back in the office again this coming Mon. My attorney said he will sit down with my file this weekend and if he has any questions, he will call me. He still seems to feel my case is well documented and we should have no majors issues. Now I understand WHY he wasn't calling me back. He said he has been working 12 hour days, 7 days a week, trying to get caught up. Totally understandable now. Thanks for your responses.