I Got Shafted At My WC Hearing Today!

[MusclesGoneBad]

Re: Employer Didn't File My Claim, And Is Now Contesting It
Hi- My employer didnt file any claim but that was because he didnt have workers comp insurance even though he was required too. See, I had a employer that bullied me, threatened me if I filed with any insurance company over my accident. I have this recorded on my personal voicemail, these are threatening messages he left for me on my personal phone. I also have documentation from the employer where he put letters to me saying the same things in writing. I took about 2 months of that everyday after my accident until he decided to terminate my employment thinking he would then get out of having any liability for my injuries, WRONG!!! This was just to bring you up to speed, now read this:
Everything was going fine. I was receiving my benefits for going on over a year. No end of healing or disability rating yet(if any to be). Then my employer decides to dispute my whole claim, asks for this hearing. Keep in mind that my employer did not have WC insurance either. I was being covered by the state (UEF). When he submitted his dispute (asking for the hearing) to WC, WC decided to have me see an IME. Yes there was much bogus crap in his report and you'd even could go as far as saying that WC told the IME what they wanted to see in that report. It looked like a setup. When WC got a copy back from the IME, my benefits were cut off just like that. Now, here we are a year later and the employer doesnt show up for the hearing he wanted, not even his attorney that he had retained at an earlier time. There was an attorney there to represent WC though. Now, what really gets my "goat", is that the attorney for WC was not prepared. WC attorney told the ALJ that they were relying on the employer to bring in the evidence he had (whatever it was) to prove his case which would then disprove my case. Well???????? This is what happened. The ALJ said: I cant rule on this hearing, I wont even open it up because it would considered to (1) sided as far as evidence entered for decision making. So you know what the ALJ does at my expense? He says to the WC attorney, well now you will have to supeona your witness (employer) which is assumed to be hostile at this point. NOT FAIR!!! I was there with my attorney and prepared, submitted our evidence in time. Why shouldn't they(WC)? Now I have to wait for another hearing. What another year or more? My case is already 2.5 years old and I am still treating but the bills are not getting paid. I am so angry and frustrated. Nothing like one state agency protecting another state agency. Thats what I see. How can the ALJ make a decision like that when there are obviously statutes to help protect the injured workers of wisconsin? Wisconsin statute 80 talks about the guidelines for admitting new evidence (there are timelines that much be followed B4 the hearing), also calling witnesses, continuances, etc...

[Pooh]

and your attorney didn't object to this because of the rules because of why????? That would be one question that I would be asking the attorney and also ask him how quickly they will get the new hearing at this point since.

Also have you had another IME or is your attorney relying on your treating doctors medical records to dispute the IME?

[MusclesGoneBad]

Pooh Wrote:and your attorney didn't object to this because of the rules because of why????? That would be one question that I would be asking the attorney and also ask him how quickly they will get the new hearing at this point since.

Also have you had another IME or is your attorney relying on your treating doctors medical records to dispute the IME?

Hi Pooh - Thanks for responding. My attorney did not object at the time. Please keep in mind that the whole conversation(s) going on were not on record either. It was a lengthy discussion amongst the ALJ & attorneys, I just sat there humbly. I did ask my attorney later after we went into a different room why he did not object at the time and he replied, " well, I've been in front of this ALJ B4 and I remember not being so prepared myself" . I didnt say anything else about it but this is in part where I feel my attorney is trying to protect himself, "look good" keep from getting on the bad side of the ALJ for the future hearing. He said he didnt want to make any waves because this ALJ gave him a second chance with another case, a case that had absolutely nothing to do with mine. NICE huh? At my expense and so on, not fair at all. Quickly??? Ha Ha, when I asked him how long B4 the next hearing he said MONTHS!!! Another thing is that the ALJ was so surprised that my attorney has not gone after the insurance money that is available to me because of my accident. I am covered under my employers Uninsured Policy, plus I have my own personal policy. I was hit by a "drunk driver" not once but (3) times by the same vehicle and he was also uninsured. I have been waiting on a surgery for almost a year now because of administration issues with the hospital. See, I have already had (1) surgery that WC did not pay for so the hospital will not let me have another until the bill is paid. Another thing that surprised me about my attorney was that he only had documentation of WC paying only $300.00 in medical bills. I dont understand that at all. Wc comp has paid in excess of $40,000.00 and there is still about $30,000.00 owed yet and I am not done treating by far. I still have (2) surgeries to go plus recovery, PT, Meds, etc..... No, I have only had the Ime ordered by WC. Yes, I do believe my attorney is relying on my treating doctors medical records/WKC-16B(in leui of testimony) to discredit the IME.I ask? what is he doing? Sometimes I really feel that I am doing his job for him. I have had him for my attorney going on 2.5 yrs, dont know if it would be particularily smart at this time to switch attorneys.

[Wink]

MusclesGoneBad Wrote:

Pooh Wrote:and your attorney didn't object to this because of the rules because of why????? That would be one question that I would be asking the attorney and also ask him how quickly they will get the new hearing at this point since.

Also have you had another IME or is your attorney relying on your treating doctors medical records to dispute the IME?

Hi Pooh - Thanks for responding. My attorney did not object at the time. Please keep in mind that the whole conversation(s) going on were not on record either. It was a lengthy discussion amongst the ALJ & attorneys, I just sat there humbly. I did ask my attorney later after we went into a different room why he did not object at the time and he replied, " well, I've been in front of this ALJ B4 and I remember not being so prepared myself" . I didnt say anything else about it but this is in part where I feel my attorney is trying to protect himself, "look good" keep from getting on the bad side of the ALJ for the future hearing. He said he didnt want to make any waves because this ALJ gave him a second chance with another case, a case that had absolutely nothing to do with mine. NICE huh? At my expense and so on, not fair at all. Quickly??? Ha Ha, when I asked him how long B4 the next hearing he said MONTHS!!! Another thing is that the ALJ was so surprised that my attorney has not gone after the insurance money that is available to me because of my accident. I am covered under my employers Uninsured Policy, plus I have my own personal policy. I was hit by a "drunk driver" not once but (3) times by the same vehicle and he was also uninsured. I have been waiting on a surgery for almost a year now because of administration issues with the hospital. See, I have already had (1) surgery that WC did not pay for so the hospital will not let me have another until the bill is paid. Another thing that surprised me about my attorney was that he only had documentation of WC paying only $300.00 in medical bills. I dont understand that at all. Wc comp has paid in excess of $40,000.00 and there is still about $30,000.00 owed yet and I am not done treating by far. I still have (2) surgeries to go plus recovery, PT, Meds, etc..... No, I have only had the Ime ordered by WC. Yes, I do believe my attorney is relying on my treating doctors medical records/WKC-16B(in leui of testimony) to discredit the IME.I ask? what is he doing? Sometimes I really feel that I am doing his job for him. I have had him for my attorney going on 2.5 yrs, dont know if it would be particularily smart at this time to switch attorneys.

MusclesGoneBad,
If I were in your shoes, I'd sack the slacking wimp and find another lawyer. However, I would advise sitting down with a couple WC lawyers to discuss exactly what you've related here and make certain that one of those lawyers will take your case BEFORE you fire the present doofuss. Good luck!