Hearing Help - Printable Version
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Hearing Help - Scoobymomma - 05-10-2008 12:21 PM
I have a hearing scheduled in June and, right now, am representing myself. Two different attorneys told me they would not take my case because my case is mental distress and abuse instead of a physical injury.
The employer's insurance company said they needed medical records to determine my eligibility, but my doctors never received any requests for records. The adjuster refused to fax a second request and arbitrarily denied my claim and said "just apply for a hearing".
I have a copy of my medical records from my therapist that states I was seeing her about the abuse and belittling by my supervisor in front of co-workers when I finally couldn't take it anymore in January. I also have lots of other documentation including letters from both of my doctors that states that they never received any requests from the insurance company for my medical records. My last day of work was 2/6/08 and the major part of my claim is that a co-worker grabbed me on the arm to keep me from walking away during an argument and I had a major panic attack. That was back in October and the work environment went downhill quickly from there.
On my last day, I tried to clear the air with the co-worker who grabbed me and she denied grabbing me, she just wanted to touch my arm as we spoke, AND SHE REACHED OUT FOR MY ARM AGAIN!!
Because of a history of panic attacks when physically threatened like that, I panicked again. I went into my supervisor's office, closed the door, and the co-worker opened the door and barged into the office. She kept reaching for me as she kept saying "all I wanted to do was touch her arm as we spoke" and REACHED OUT FOR ME 4 MORE TIMES! Each time I pulled back and said "don't touch me". Neither my supervisor nor the brother of the company's owner who was also in the office and witnessed this event did anything to stop the co-worker from reaching out to me. They appeared to be in shock at what was happening and just stood there. I finally yelled at them "is anyone going to stop her from reaching out at me. I'm trapped in this corner and she is blocking the door and I can't get away from her." With that the ownerÃ¢â‚¬â„¢s brother told the co-worker to go back to her desk. I filed a workers' comp complaint that day and haven't been back to work since.
I can't leave me house alone. My husband takes me everywhere. I cannot go into stores. The only places I go are my doctors, my daughter's or my parents. Sometimes my husband takes me with him when he goes to the grocery store and I wait in the car just to get out of the house for awhile.
Does anyone know what I can request from the defending attorney? I'm in Maryland. He is asking for a continuance because a "key witness is going to be away on a cruise." Can I get a copy of the itinerary as proof of them not playing games? Can I get a copy of a witness list, witness statements or depositions? Can I demand to depose the key witness before the hearing date so that his testimony can be used?
I have already written a letter to the state's workers' comp commissioner asking for no continuances because I will have been out of work for 4 months by the time of the hearing and have absolutely no income between my husband and me.
I need advice of how to proceed.
RE: Hearing Help - 1171 - 05-10-2008 10:15 PM
i think I would continue to work at getting an atty. usually the state bar can find someone who will take a case no matter how difficult. look here for state bar help
here's a link to the commission rules