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Can You Sue a Judge for Issuing a Decision You Don't Like or Ruling Against You

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  • 02-11-2013, 01:19 PM
    inovermyhead1234
    Can You Sue a Judge for Issuing a Decision You Don't Like or Ruling Against You
    My question involves civil rights in the State of: New York

    I am a Workers Compensation claimant, but I need to sue outside the State of New York Workers Compensation program for violations of due process.

    I have a rare illness, and this illness is best treated by a vascular surgeon, of which there are several high ranking specialists across the country, but none in New York, let alone one who would accept NYS's low medical fee reimbursement schedule.

    My injury was pronounced and I am self representing. One of my doctors asked for out of state treatment, and neither carrier responded within 30 days, so the Judge awarded me out of state treatment (without noting whether or not I would be held to NYS's fee schedule).

    This decision was supposed to be unappealable due to time restrictions. However, both carriers appealed.

    Two years later, the Administrative Review Division ruled that the judge had erred (ignoring the time restrictions altogether) stating that I was required to prove that I could not obtain appropriate medical help in the State of New York, a fact which was not represented to me by the Judge nor represented in any literature available on the website.

    Subsequently, I contacted all of the vascular surgeons in New York State (over 400) including 98 vascular surgeons whom NYS WC claimed could treat anything in New York. I obtained affidavits and confirmations from over 85% of these doctors that they either did not accept WC's fee schedule (were non-participating) or did not treat my illness. Further, the 98 allegedly participating doctors were mostly non participating, with some dead, some retired, some without a license, and several with serious medical malpractice issues (but who claimed to have knowledge of my rare injury). Yet, the Administrative Review Division claimed there was an "ample" supply of doctors to treat any condition.

    I provided evidence to the WC law judge in the end of 2011 on computer disk, including copies of the affidavits which specifically asked about WC coverage, knowledge of 7 different surgical techniques required, success rate, medical malpractice lawsuits, etc

    However, within months, my Denver doctors claimed I was inoperable.

    It has been over a year and the Judge has not addressed the evidence presented, and I cannot appeal without a decision.

    I want to sue for damages as I am now permanently disabled for life where I might have been fixed with timely treatment. Likewise, I have had no disability money on this case for five years (due to judicial error per the Administrative Review Division), and no medical treatment for over 18 months due to misclassification of my injury under new excessively restrictive medical guidelines (which no one will address but is also judicial error).

    By stalling my case, the insurance company saved themselves $250K of surgical costs, and as further doctrines went into place further limiting awards to $500.00 / week for 10 years, regardless of your age, I am unnecessarily compromised by the lack of timeliness of the judge.

    What area of law does this fall under? There is also evidence of collusion with the law firm, and a long list of other irregular judicial "errors". Many of my appeals have never been answered, and a request for surgery was never addressed. My privacy rights were also violated, and WC refused to take action against the law firm. In short, I was denied my right to a timely adjudication, denied medical assistance, and thus incurred permanency and additional corresponding damage (the development of a secondary pain condition that is incurable).

    Serious replies only please. I am not interested in hearing what can't be done. My life depends on finding a way to get it done by whatever area of the law will cover me. I am interested in any and all ideas.
  • 02-11-2013, 06:41 PM
    souperdave
    Re: How to Sue a Judge or the State of New York
    I cannot see how your insistence on self-representation has done anything beneficial.....at all......do you have ANY legal education whatsoever? It appears to me that you were quite possibly taken advantage of simply due to your lack of legal procedures knowledge.

    And now you're looking to get some sorta insight from an online forum staffed by volunteers? You may need to put aside your preferences/opinions/like/dislikes and actually consult with some sorta trained legeal professional(s).
  • 02-11-2013, 06:56 PM
    Lehk
    Re: How to Sue a Judge or the State of New York
    was your rare illness caused by something which happened at work? if so what is the illness, there may be existing cases which have dealt with this before as most workplace injuries and illnesses are not unique and someone else may have already fought this battle.
  • 02-13-2013, 11:49 AM
    inovermyhead1234
    Re: How to Sue a Judge or the State of New York
    I did forget to mention that no attorney will take my case.....

    In the real world, which is corrupt, ambulance chasers who get paid a standard sum of money want easy win cases. They don't take cases like mine because they would have to do more work than they get paid. The last one I hired tried to get Workers Compensation to give him a piece of any future settlement at $7000.00 per month (no, I'm not kidding). He was on the other side of the State. I contacted him after I had exhausted all of my local ambulance chasers.

    Workers Compensation attorneys get paid a statutory rate, regardless of the work they have to do. Therefore, the more injured you are, and the more complex the injury (like brain damage or chemical exposure or rare illnesses such as mine), the less likely someone will represent you. Meanwhile, the insurance company attorneys get six figures to stall any and all medical treatment, charge the hell out of my employer, who then hates my guts because he thinks I'm the one getting his money.

    It just ain't so. And, Workers Compensation violates patient rights to an extreme that goes way beyond what we would tolerate even in a third world nation. But, no one cares. We're more concerned with whether or not we have 7 vs. 10 bullets in our gun cartridge, because somehow, the 8th bullet is more deadly than the 7th.

    - - - Updated - - -

    Yes, it's called thoracic outlet syndrome and is a very serious illness with no cure. Comes from sitting at a keyboard 70 hours a week and not paying attention to perfect posture. It is growing in leaps and bounds in this country (often attacking those who were already sent back to work by Workers Compensation after already suffering a repetitive stress injury, as I did), then resulting in the entire condition "moving up" to the brachial plexus, spine, and neck. Unfortunately, I may be one of the first cases ever approved in New York for this condition, and there are no doctors who will treat it in this state for the pathetically low New York reimbursement rates authorized by WC. So, no go.

    I feel this falls under deliberate indifference, but can't find an attorney to go at it. Deliberate indifference is usually used for closed medical systems such as prisons or schools, but has also been used for school crossing guards, failure to do background checks on employees who then abuse children or elderly, etc. In my case, as I am forced to stay within New York due to a refusal by the Administrative Review Division to let me go out of state without first proving the need (which I subsequently did and they have refused to review for over a year), I now feel they have violated their own agency requirements and due process. Now I have to find a way to convince an attorney who thinks outside the box to take this case as my damages (a lifetime of future earnings) are on the line in favor of a $500/wk for 10 years limitation that currently stands which isn't even enough to pay for my monthly medical expenses out of pocket (and I"m already on social security for the exact same illness which WC won't acknowledge disability for).
  • 02-16-2013, 08:40 AM
    itisup2us
    Re: How to Sue a Judge or the State of New York
    First let me offer my heartfelt sympathy for your present physical condition, and I am neither a doctor nor a lawyer and according to some, human either but as you say it is a very serious illness with no cure, then maybe that is why there are no doctors that will treat it in NY? But am I am not sure of your due process complaint, if you obtained the maximum WC benefit allowed of $500 wk for 10 years due to your injury, then how is your due process right violated by NY Worker's Compensation Commission.

    However, I do you see where you assert that you obtained a decision in your favor to regarding your doctor's request to obtain out of State treatment, and in such you hold that since they had 30 days to respond to the Request, that they therefore violated your right under Due Process by appealing the decision of the Hearing Officer's determination since they already had 30 days which to appeal your request. Is this the basis upon which you assert the decision was unappeallable? Which it is? correct. If it is, then there is a simple fix for that error.
  • 02-16-2013, 11:06 AM
    Mr. Knowitall
    Re: How to Sue a Judge or the State of New York
    Worker's comp legal fees are limited in your state, and must be approved by the judge. Payment is primarily based on "money moving", or actual wage benefits, and for the most part a lawyer doesn't receive additional compensation for helping you obtain medical care. If you don't want to pay your lawyer, you can proceed without a lawyer - but as you can see, when you represent yourself and fumble the ball, you can end up in a very bad situation. If no lawyer will take your case, odds are you don't have much of a case.

    No, you cannot sue the judge. If you don't like a judge's decision, you can appeal. Any lawsuit you file against the judge based upon an adverse decision or his not working on your preferred schedule will be quickly dismissed, perhaps also with a determination that it is frivolous and that you should pay the other side's legal fees.
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