Need Advice ASAP

[Gayle57]

Today my son was ready to have information sent into the deputy
commissioner for a on the record hearing (where no one attends)
where evidence was submitted where my son need much needed surgery. So today in the mail he receives a letter from the commissioner
delaying the hearing till March stating the reason being my son's treating
physcian neglected to answer inquiries regarding a procedure that
would eliminate surgery. Now this a total LIE stemming from the
rehabilitaiton counselor. My son't dr has a letter awainting to be
submitted setting the record straight. But now it has been delayed.
What can be done? Why are they doing this. My son is in need
of surgery its been since 2005.

[1171]

Usually general health insurance will pick up treatment denied by workers comp.
Contact them and arrange for care until your son wins his appeal.

[Gayle57]

Just received a letter from his physcian stating the need for surgery and
that the previously stated treatment was not recommended by him. My son
has no private health insurance. And getting any now this would be pre-existing?

[Bad Boy Bad Boy]

What kind of surgery is he in need of?

[Gayle57]

First let me explain he has lifetime medical but that doesn't mean anything.
He needs a lumbar instrumentation and fusion L5-S1 disc

[lostinconnecticut]

sounds like you lost your place in line because information wasn't presented in time. You might try to correct this by submitting the letter from your doctor immediately, along with a letter explaining his circumstances to the appropriate authorities. It seems like it is not your sons fault though it will be he who is punished. Perhaps they can provide a date sooner than March. At least you can document an effort to improve your circumstance, even if it falls on deaf ears. It sounds like a technicality, and maybe if you can respectfully make the correct authority understand that the rigid enforcement of the rule will result in true human suffering, they'll find it in their heart to bend.

[Gayle57]

I just have to vent so just let me and ignore any stupidity. I just called
my son's attorney to inquire about sending the attending physcians letter
to the commissioner. WEll he just went off on me so I just hung up and
he called back just really going off on me. I just don't understand how
a defense attorney can be so d stupid. He defends the insurance company and says my son and I are troublemakers and rude and he doesn't
deserve rude because all he does is just WIN. Win what? I just asked one
question why he won't send in the latest letter to the commissioner. And
on top of that I found out that he had the letter faxed to him a week ago.
And that would have stopped all this mess. I HATE Attorneys, I Hate
Workers compensation they are ruining my sons life.

[lostinconnecticut]

Wow!
In my case, my second Attorney, delivered a fatal blow to my case by failing to introduce the most important evidence at trial. I am convinced this was not a accident. When I confronted him concerning this he filed a motion to withdraw from representation. So in essence, he screwed up the case and then wanted to quit. No attorney is better than a bad attorney.
Telephone communications with attorneys are problematic because there is no documentation for what was said. E mails or letters are the way to go because it enables you to keep copies. At first glance it looks like he may have screwed up by failing to introduce the document in time.
I strongly caution you to think hard about this. Perhaps you could write him, apologizing for any misunderstanding, but requesting a proper explaination of what happened and what he proposes to do about it.
If you feel the need to seek different counsel, I may be able to help you make the transition go smoothly. Whatever you do, don't approach new counsel with any animosity toward your existing counsel. Stating something like "he may be to busy to give your case the attention it needs"
might work, but something like "my current cousel is a jerk" will alienate you before you get started. Perhaps you might ask him to explain why he feels you are a trouble maker.
I feel so strongly that it is vitally important to have a good working relationship with your attorney, and if there is question address it immediately.
Don't make the same mistake as I did and be "mamby pamby" while you case is damaged by less than proper representation. In the end the court will say "don't blame us if you had a bad attorney, take it up with him."