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  1. #1
    Join Date
    Mar 2012
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    Default Case Was Denied of Any Benefits, After 4 Appeals Can I Represent Myself

    7 years ago my father had an accident in construccion, injuring his head, back, and shoulder. Fell down on concrete from 14 feet framed house. our first lawyer wanted us to settle after he had surgery of left shoulder. he was still not able to lift his arm above shoulder level and kept complaining about neck pain.
    We hired a second lawyer on the 2nd year of the case. he worked with us for 5 years until he dropped us after losing our hearing and 3 appeals. in the lapse of this 5 years, my father has been given the treatment for his developed depression, anxiety and hallucinations. about his pain in the neck he had epidural shots treatment about 8 times. this only helped him for 24 hours and the pain was back. Our second lawyer focused on his mental illnees and not his injuries on the evidence in court. we are asking for his medical treatment.
    Recently on a visit to a public health physician he ordered an mri for his neck and found out that to discs of his spinal cord are out of place causing this cronic pain that never goes away. His pain medication has increased dosage in the lapse of 7 years, but the lawyer has ignored this and just focused on his competency issue.
    My father received a wc check for 6 years but because a WC doctor said he is faking without send him to do any testing ( just based on evaluation) his income was terminated and WC says he can go back to work.
    After the third appeal a third lawyer agreed to help us file to the GA Court of Appeals. they won'nt hear our case. He now says that we have no other choice but to settle for $40,000 and if we dont the case will close.
    Is it possible that case will close if we dont settle? we dont want money, we want his treatment, surgery.
    I have read online that i can file the case to the supreme court but chances are thin. Can i go back to request a hearing at WC level presenting evidence of injuries and asking for his treatment. we dont want lump sum of money. where can i get help? i feel that i was misrepresented by my lawyer.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Case Was Denied of Any Benefits, After 4 Appeals Can I Represent Myself

    The court of appeals denied hearing the claim, the supreme court would be the next step... you have 3 attys who don't advise moving forward with this..
    As the WC claim has been denied, you may use your own health insurance... the best bet here is probably to take the cash and use it for copays/deductibles.
    I have read online that i can file the case to the supreme court but chances are thin.
    Going to the supreme court on your own is probably futile, and probably take several years to find out IF the court would hear the case.

    Can i go back to request a hearing at WC level presenting evidence of injuries and asking for his treatment.
    From what you are saying here... the court of appeals has denied the claim... not just part of the claim, but the case in chief...no going back to the lower court.
    i feel that i was misrepresented by my lawyer.
    Your feelings are not unusual...many people levy the blame on the atty when the outcome is not favorable. Sorry.

  3. #3
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    Mar 2012
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    Default Re: Case Was Denied of Any Benefits, After 4 Appeals Can I Represent Myself

    dear BvIA,
    the court of appeals denied certiorari. they wont hear our case. there are injuries, client is in pain, there is evidence. what can we do? just accept a settlement? i have read that medicare wont treat his preexisting injury. if we accept $40,000 after atty fees he will be left with $5,000 and that is not enough for his treatment/ surgery. if we dont settle will the case close?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Case Was Denied of Any Benefits, After 4 Appeals Can I Represent Myself

    If the courts have denied the claim, as non industrial, Medicare will cover.
    IF you take the cash settlement, and it's allocated for ''medical reimbursement'', then you'd have to exhaust ALL of that money before using Medicare or private pay health insurance.

    Your attys have the file...know the laws, that's where your questions should be directed.
    No one on any message board can give you legal advice... not what message boards are for.

    Hard to believe attys fees on 40K settlement would leave the IW but 5K... something missing here.

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