IC has no expert witness or other wise!

[lefty]

Hello, CO., here this morning. I received a call from my attorney stating, "there is bad and good news. Bad news is that once again the settlement conference is going to be cancelled (once again being the second time). The good news was that after your meeting with the IC Voc Specialist, that person agrees that I can't work. So the IC has no witnesses! We are going to proceed with the hearing since the IC, is dening the DIME report. They are requesting more time but I am aggressively fighting that. We on the other hand do have expert witnesses, FCE and Voc Specialist!"

Update on DIME report: 32% whole body; request that patient be allowed to have her own primary doctor treat for pain; patient should continue with psyc., care as requested by psych doctor.

Now I am aware that this just might be only the beginning because I've read enough post to know that hearing or not, this could drag on for a really long time! Right now I am receiving SSDI with an offset payment by the IC for TTD. Here is where the game comes in at!

IC still sending checks even after DIME placed me at MMI. Attorney still accepting checks knowing that this will be deducted from settelement if any. Already, because of SSD there is an XXX amount of money that is to be repaid to IC. Yes, I am accepting my share of the IC checks (heck I need the money) but sadly I believe this will bite me in the butt when it comes to the amount of settlement.

Does anyone agree with me on that? How much of a bearing would not having expert witnesses make in my case? Hearing schedule in little over a week. I'm nervous as HELL!

[1171]

I would consider a DIME to be the opinion of an expert.

[lefty]

(03-29-2012 01:03 PM)1171 Wrote:  I would consider a DIME to be the opinion of an expert.

1171, thanks for responding! Sorry to seem so dense but could you explain what you mean a little further as it relates to the IC, not having any expert witnesses to appose the DIME's report. Again I'm sorry to sound dense but isn't this a good thing? I have no idea what to REALLY expect at this hearing. I'm hoping that the IC will meet in the hall with my attorney to make a reasonable offer before the hearing. Thanks again 1171.

[1171]

I'm confused.
you want to join with the carrier and also oppose the DIME?

otherwise I believe a voc expert is not allowed to do disability ratings or authorize disability; only a physician and according to the rating rules in the colorado statutes.
There may be a case law exception that your atty may know of.

[lefty]

(03-29-2012 04:28 PM)1171 Wrote:  I'm confused.
you want to join with the carrier and also oppose the DIME?

otherwise I believe a voc expert is not allowed to do disability ratings or authorize disability; only a physician and according to the rating rules in the colorado statutes.
There may be a case law exception that your atty may know of.

[color] 1171, No this is what I'm saying. The DIME has placed me at MMi with a 32 whold body rating. My attorney totally agress and wants to go to court in a few days. My settlement hearing had been concelled twice because the organization that hire this law firm to represent them hasn't even the IC any money bargining firgures to come to the table with. My attornyes' witnesses are Voc Expert, FCE Expert. All of them are defending the DIME's report! My SSDI, attorney will be there also read the report from the two SSDI (oneMD and on PhD psch doctor). Don't know if the two SSDI will be there at the hearing or not. All I'm doing is repeating the line up of witnessess my attorney already has. I was told that the IC Vob Expert will not testify thatI can work (according to the report my attorney received). There IC was asked to reveal their wittness and other than THIER VOC., EXPERT peron they don't have any other witnessess that have made my attorny aware of. There none others on their list. I hope this helps.[/color]

[1171]

you don't need a settlement conference; you need a full hearing so the court can issue a decision.
the sooner the better; don't them the drag it out.

[lefty]

(03-29-2012 09:19 PM)1171 Wrote:  you don't need a settlement conference; you need a full hearing so the court can issue a decision.
the sooner the better; don't them the drag it out.

1171, I totally agree. But as many well know that going to court can be very risky. I've just got to be strong and hang in there. I have no idea what to expect at a full hearing. Been going over my interrogatories questions, just in cast I'm asked something that I might not be able to remember. This is a joke but, "If the Lord came back today or tomorrow I wouldn't be too upset...LOL!