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  1. #21
    Join Date
    Sep 2011
    Posts
    464

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    I agree with the other replys. this board is not a substitute for legal representation. you have been advised to retain any atty. you ignore expert advice from the many who volunteer here. badgering them will not solve your claim issues.

  2. #22

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    Quote Quoting greentree
    View Post
    I agree with the other replys. this board is not a substitute for legal representation. you have been advised to retain any atty. you ignore expert advice from the many who volunteer here. badgering them will not solve your claim issues.seeking
    Unfortunately I have not and probably will not be able to find representation. Itís not becsuse I have a weak claim. Itís because I am seeking ttd benefits before settling. Iím asking for the maximum 104 weeks and most attorney will want that included in the settlement.

    Iíve just started pain management and the qme will not give his final opinion until he sees the tests results.

    I apologized if you feel that ok badgering everyone. I understand that they are volunteers and they do not have to reply if they choose not to.

  3. #23
    Join Date
    Oct 2016
    Posts
    2,652

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    Quote Quoting Fallguy
    View Post
    Unfortunately I have not and probably will not be able to find representation. It’s not becsuse I have a weak claim. It’s because I am seeking ttd benefits before settling. I’m asking for the maximum 104 weeks and most attorney will want that included in the settlement.

    I’ve just started pain management and the qme will not give his final opinion until he sees the tests results.

    I apologized if you feel that ok badgering everyone. I understand that they are volunteers and they do not have to reply if they choose not to.
    Have you been off work for 104 weeks?

  4. #24

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    Quote Quoting PayrolGuy
    View Post
    Have you been off work for 104 weeks?
    The last day I worked was the day I was injured. Iíve tried to look but only had one interview. Itís not easy to find a job thatís within my restrictions.

    I had sdi but it was only for one year. Iíve applied for ssdi and theyíre reviewing my medical records.

    I ask one of the attorneys if you can ask the judge to reward the maximum percentage if he helped me with my case. I donít think thatís how it works so he changed the subject.

    There are a handful of attorneys that will take my case after I go to trial. Everyone likes the qme report, they just get turned off by the fact that I have to have ttd first. A few wanted to take it and give it to someone else in the firm and take my case off calendar but ultimately decided not to take the case because they understand my situation. They wonít work for free so thereís no point in them helping me now.

    Quote Quoting Fallguy
    View Post
    The last day I worked was the day I was injured. Iíve tried to look but only had one interview. Itís not easy to find a job thatís within my restrictions.

    I had sdi but it was only for one year. Iíve applied for ssdi and theyíre reviewing my medical records.

    I ask one of the attorneys if you can ask the judge to reward the maximum percentage if he helped me with my case. I donít think thatís how it works so he changed the subject.

    There are a handful of attorneys that will take my case after I go to trial. Everyone likes the qme report, they just get turned off by the fact that I have to have ttd first. A few wanted to take it and give it to someone else in the firm and take my case off calendar but ultimately decided not to take the case because they understand my situation. They wonít work for free so thereís no point in them helping me now.
    Its been two years since date of injury

  5. #25
    Join Date
    Oct 2016
    Posts
    2,652

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    Fallguy, Why are you completely incapable of simply answering a question. The question I asked needed a single word answer, YES or NO.

    Your inability do answer a simple question may have something to do with you not being able to find a lawyer. And the thought they aren't taking your case because you have TTD is laughable. Especially since you don't have TTD and you said so yourself when you wrote, "It’s not easy to find a job that’s within my restrictions."

    Find a lawyer and let him work you case as he is best able to work it. Stop telling them how to do their job.

  6. #26

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    Quote Quoting PayrolGuy
    View Post
    Fallguy, Why are you completely incapable of simply answering a question. The question I asked needed a single word answer, YES or NO.

    Your inability do answer a simple question may have something to do with you not being able to find a lawyer. And the thought they aren't taking your case because you have TTD is laughable. Especially since you don't have TTD and you said so yourself when you wrote, "Itís not easy to find a job thatís within my restrictions."

    Find a lawyer and let him work you case as he is best able to work it. Stop telling them how to do their job.
    I was adding information so that itís not confusing. I forgot so I replied again that itís been more than two years. A ďyesĒ seem too vague

    How will I survive with no income for the next few years? Itís not that Iím telling them because I have a choice. I donít have immediate family in this state.

    Thanks payrolguy. I respect your blunt and most of the time honest feedback

  7. #27
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,820

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    Fallguy, I'm going to say this as gently as I can. I truly do not mean this in any mean-spirited way. You and I have talked often enough offline so that I hope you know that without being told.

    However.

    By your own admission, you do not understand the laws or how they work. The lawyers do. They spent years in law school and they have experience.

    One of two things is the case here. Either you have no case at all, or you have a case but by insisting that they do things your way, you are coming across as someone whom they don't want to work with. In your state, a workers comp attorney gets paid a percentage of what they get for you, so they have an incentive to get you the very best deal they can. That does not necessarily mean doing it your way, since you admit you don't know how it works.

    Try this. Instead of insisting that you must have TTD and it must work this way and you won't have a lawyer who won't manage things the way you say, try putting your faith in the lawyer's knowledge and let him guide you instead of you trying to push him. Just listen to him and do what he tells you. Have a little faith that whatever Higher Power you acknowledge will take care of your immediate needs while the lawyer does his best for you long term.

    Then, if you STILL can't get a lawyer to take your case, accept that you don't have one and move on.

  8. #28

    Default Re: Use of an Employee Personnel File for a Worker's Comp Claim

    Quote Quoting cbg
    View Post
    Fallguy, I'm going to say this as gently as I can. I truly do not mean this in any mean-spirited way. You and I have talked often enough offline so that I hope you know that without being told.

    However.

    By your own admission, you do not understand the laws or how they work. The lawyers do. They spent years in law school and they have experience.

    One of two things is the case here. Either you have no case at all, or you have a case but by insisting that they do things your way, you are coming across as someone whom they don't want to work with. In your state, a workers comp attorney gets paid a percentage of what they get for you, so they have an incentive to get you the very best deal they can. That does not necessarily mean doing it your way, since you admit you don't know how it works.

    Try this. Instead of insisting that you must have TTD and it must work this way and you won't have a lawyer who won't manage things the way you say, try putting your faith in the lawyer's knowledge and let him guide you instead of you trying to push him. Just listen to him and do what he tells you. Have a little faith that whatever Higher Power you acknowledge will take care of your immediate needs while the lawyer does his best for you long term.

    Then, if you STILL can't get a lawyer to take your case, accept that you don't have one and move on.
    Quote Quoting cbg
    View Post
    Fallguy, I'm going to say this as gently as I can. I truly do not mean this in any mean-spirited way. You and I have talked often enough offline so that I hope you know that without being told.

    However.

    By your own admission, you do not understand the laws or how they work. The lawyers do. They spent years in law school and they have experience.

    One of two things is the case here. Either you have no case at all, or you have a case but by insisting that they do things your way, you are coming across as someone whom they don't want to work with. In your state, a workers comp attorney gets paid a percentage of what they get for you, so they have an incentive to get you the very best deal they can. That does not necessarily mean doing it your way, since you admit you don't know how it works.

    Try this. Instead of insisting that you must have TTD and it must work this way and you won't have a lawyer who won't manage things the way you say, try putting your faith in the lawyer's knowledge and let him guide you instead of you trying to push him. Just listen to him and do what he tells you. Have a little faith that whatever Higher Power you acknowledge will take care of your immediate needs while the lawyer does his best for you long term.

    Then, if you STILL can't get a lawyer to take your case, accept that you don't have one and move on.
    I understand what your trying to say. I know that there are things that I donít need to know. There are many professionals involved in workers compensation and everyone has to eat.I want to apologize to all the experts here. I know everyone has bills and family to take care off.

    I last job was about service so I understand the frustration everyone has here. Iím was calm and in control up until eight months ago. I get worked up if I donít have the answers. I was a very generous tipper if the service was reasonable.

    Thereís a chance there will not be a trial as I suspected. Iíve just figured it out. How long will it take to get the ttd benefits if they decide not to go to trial?

    Thanks cbg, for some reason, I understand your answers better than others.

    Thanks again payrolguy.

    [QUOTE=PayrolGuy;1111479]Have you been off work for 104 weeks?[/QUOTE

    Last question, this question can end my trial.

    Do I have access or rights to see the original court transcripts?

    I called and asked about the original court transcript before it was proofread and corrected. I was told that the manager that is in charge will give me a call back.

    The manager never called but the DA raised the offer twice. It was doubled but I declined.

    No more pestering if I know where to get that transcript.

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