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No court date for months?
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11-16-2009, 02:18 PM
Post: #1
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No court date for months?
Hi All,
I changed lawyers 2 months ago due to communication problems and just poor overall care/support from my old one. We talked about getting a court date set ASAP due to new problems and now TTD benefits that were stopped. I was told 2 weeks ago that the court papers were sent to another court in NE Kansas, about 80 miles from where I live. I couldn't figure that out for the life of me. Fast forward to today, no court date, papers were never sent???? Now I've been told that it could be quite a while before papers are sent due to 'hoops' that need to be jumped through. Is this common? I'm not happy now waiting until next year to see a judge. Thanks, BB |
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11-16-2009, 03:14 PM
Post: #2
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RE: No court date for months?
Kansas comp law does not require you have a lawyer representing you. have you thought about representing yourself?
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11-16-2009, 03:21 PM
Post: #3
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RE: No court date for months?
Hi Builder. Did Your Attorney Explain these "Hoops"? Maybe if We knew a bit More We could Possibly try and Come Up with some kind of an Answer for You. Isn't it Amazing how They can Play these Games, and if We do ONE Thing Wrong, We're Out of the System!! It's so Lopsided I actually think it Borders on Illegal!!
Failed Back Surgery, Chronic Pain, Totally Disabled. Knowledge is Power, Especially in the World of w/c. Learn as Much as You can about Your States w/c Laws, and don't Fight Battles alone, They Use Attorney's, and so Should You!! |
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11-16-2009, 03:47 PM
Post: #4
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RE: No court date for months?
No one that I know of that has gone up against my former employer without a lawyer has been successful. (Worldwide hospital chain) So far I have won every time we've gone to court. Biggest hurdle so far has been an incompetient judge (same judge that Bummer knees has).
I just want to be told the truth. For people that I hire to do their job. I was expecting a date pretty quick for court. Now I've been told it will probably be next year. |
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11-16-2009, 04:01 PM
Post: #5
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RE: No court date for months?
Bodybuilder
You need to schedule an appointment with your attorney and visit with him about this. I will go with with you to the appointment as long as it fits into my schedule (which is pretty empty right now) You and I have one of the best attorneys in our state but his hands are tied with this judge. When I am finished with work comp I plan on filing a complaint against this judge. Just need to figure out how/where to file one. This judge needs to be relieved of her duities and I for one want to make sure that happens. |
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11-16-2009, 04:12 PM
Post: #6
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RE: No court date for months?
this maybe a place to start
http://kansasjudicialperformance.org/ |
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11-16-2009, 04:57 PM
(This post was last modified: 11-16-2009 04:58 PM by bodybuilder1958.)
Post: #7
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RE: No court date for months?
I emailed the lawyer, the hoops problem I believe comes from my former employer's lawyer, he doesn't like to loose.
My schedule for the next 3 weeks is pretty full. Ortho, dentist, doctor, son's apts, camping. It doesn't help that I'm not sleeping well. My dad's having heart cath on Monday of next week, that's going to keep me busy all darn day. The worst part will be dealing with the 'evil' stepmother (which is another story), the entire day. Who says we need to be finished with WC to file a judicial complaint against the idiot judge we both deal with? It will be atleast May before I get a decision I'm sure of it. |
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11-16-2009, 05:04 PM
Post: #8
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RE: No court date for months?
Thanks for the link, however I didn't see the particular judge I deal with on any of the lists.
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11-16-2009, 06:08 PM
Post: #9
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RE: No court date for months?
I'm thinking it might come under different jurisdiction since technically its a "board or commission". An Administrative Law Judge may have a different set of judical ethics they are held to. you'll probably have to ask around.
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11-16-2009, 06:26 PM
Post: #10
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RE: No court date for months?
I do appreciate it, my first lawyer told me right off the bat that this was the 'worst' judge he'd ever dealt with. That she had the lowest approval rating of any work comp judge.
Last time I went to court she was out on medical leave, the judge that took over did terminal dates of 30 days, made his decision then 2 weeks after that. The seated judge takes 90 days for terminal dates, then takes atleast another 90 days to make a decision. Then she has the tendency to miss certain things, like TTD benefits. So then you appeal (or whatever it's called) and then 4 freaking months later (sorry it peeves me off every time I think about it), she renders her decision. I long for competency, fair rulings, timely rulings and justice. I'm not too sure I'll be able to walk by the time they all get around to it or atleast not walking well. I saw my dad this weekend, he's 82 years old, heart failure, COPD. My father walks faster than his 51 year youngest daughter. |
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