Massachusetts Worker's Compensation - Help For Injured Massachusetts Workers

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  1. #1
    dory_mom Guest

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    I went in front of the judge with my lawyer finally but it has been 12 weeks and still no answer.... How long can they do this? I have been off work for 3 years, I do get SS Disability but I am going crazy wondering how long this is going to take.
    Any input would be helpful. Thanks!

  2. #2
    anon Guest

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    90 days is the norm so you should soon be there

  3. #3
    sh Guest

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    Without knowing the jurisdiction and the court calendar, how any answer be more the a guess pulled out of thin air?

  4. #4
    aj Guest

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    Actually in Florida the JOCC is required to render a decision in 30 days. Having said that we had a case in which the order took close to 2 years to be rendered.

  5. #5
    dory_mom Guest

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    Thanks for your replies!
    This is so frustrating because I have had to have 3 brain surgeries and the last 2 my medicaid did not pay for (they did cover some) so....I have over 150 thousand dollars in medical bills!
    I keep telling them it is in litigation but they are turning me into collections.
    It really stinks how this system just doesn't take care of those whom have put in a lot of working hours and then when injured doing such, they take their sweet time to even let you know if you are going to get workmans comp!
    I was also wondering, if I do lose...is there any recourse for me. My lawyer had told me no but that is hard to believe. Since they can appeal and tie up your money, why can't we appeal?
    By the way my case is in Michigan.
    Thanks everyone!

  6. #6
    sh Guest

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    Yes, michigan allows appeals of work comp decisions thru the regular court system.

  7. #7
    relsmom Guest

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    dory Mom,
    some of the magistrates in MI are extremely far behind. It could be 3-6 months before you get a decision.
    If you lose your case, you can appeal the the workers' compensation Appellate Commission. It can take up to 2 years for the Appellate Commission to rule. After that, if you have lost in front of them, then you can attempt to take your case to the Court of Appeals, which is a part of the "regular" court system. They do not have to take the case though. It can take another 1-2 years for them to decide.
    If you win, the other side can also appeal. If they appeal, then them must pay you 70% of the benefits while the appeal is pending. All old medical and wage loss benefits are "accrued" and don't have to be paid until all appeals have been exhausted. If they win, then they don't owe you anything unless an appeals court overturns the magistrate.
    sorry for the lengthy answer, but it is a complicated process. good luck

  8. #8
    mass Guest

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    In Massachusetts the statute says 28 days; the reality is it takes up to a year to actually get the judge's decision. What a country.

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