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  1. #1
    Join Date
    Mar 2012
    Posts
    9

    Question Dismiss Appeal and Refile in One Year

    claim disallowed and no funds for a court appeal, attorney advises to dismiss appeal before deadline and refile in one year, any thoughts?

  2. #2
    Join Date
    Feb 2012
    Posts
    21

    Default Re: Dismiss Appeal and Refile in One Year

    The law will allow you to refile in a year, but how will your claim or situation be any different? Just asking, as if nothing really changes, why is waiting a year going to do you any good?

  3. #3
    Join Date
    Mar 2012
    Posts
    9

    Default Re: Dismiss Appeal and Refile in One Year

    my only thought is that a.) gives you chance to save funds for court costs required and b.) more time to evaluate condition, hopefully not worse but if so, more evidence....has been a 7 month nightmare learning as I go and found process to be unfair, unjust and inhumane.....people don't know until they experience themselves, I've been writing letters and continue to weep for those who have no family financial support at such a time

  4. #4
    Join Date
    Feb 2012
    Posts
    21

    Default Re: Dismiss Appeal and Refile in One Year

    Yes, if you do not have the suffucient funds, then waiting a year may help. However if your condition gets worse during the next year then you will have to foot the bills in the meantime. Since the claim was denied by WC, If you have group health then they would have to pay for medical in the claim.
    If it goes to court next year, they may not look at the progression of the claim. I believe all the court case would settle is if you did or did not have a WC claim. You could try to show how it has gotten worse, but all the law wants to know if there was a legit claim on the alleged date of injury.

  5. #5
    Join Date
    Mar 2012
    Posts
    9

    Default Re: Dismiss Appeal and Refile in One Year

    there was legit claim and yes, did get worse but was unable to stand against the games people play that the state and employer get by with, one would have to go through it to believe it and takes all of us getting the word out there for I believe workers should know the system in place is not for them at all

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