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  1. #1
    Join Date
    Nov 2010
    Posts
    3

    Default Request for Hearing Do I Need a Lawyer

    I was injured in 2005, a claim was filed and I was treated with knee surgery, PT, awarded supportive care on a yearly basis and since, I have had shot's in the knee about once a year. Every year the IC closes the case and I had to petition to reopen. After an IME this year the IC has denied the petition to reopen. I have to request a hearing. Is it time for a lawyer?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Request for Hearing Do I Need a Lawyer

    not necessarily.
    if you don't feel comfortable presentiing your evidence for continued benefits you should consider it.

  3. #3
    Join Date
    Nov 2010
    Posts
    3

    Default Re: Request for Hearing Do I Need a Lawyer

    I guess I'm worried...What kind of evidence do I need? Should I go to another Ortho. Doc. ? My present Dr. can see no changes with an Xray but says the shots appear to be beneficial. The IME just read the records...no Xray. Neither ordered a new MRI. the last one was 2008. The pain returns every 5 to 8 months after the last injections, so there is SOMETHING going on in there.

  4. #4
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Request for Hearing Do I Need a Lawyer

    have your treating doctor comment in writing on the IME findings. if it supports continued treatment you got your evidence.
    then it's up to the judge to decide which is the better reasoned opinion.

  5. #5
    Join Date
    Nov 2010
    Posts
    3

    Default Re: Request for Hearing Do I Need a Lawyer

    Thank you for your response. The form to request a hearing has and area for requesting subpoenas be issued...what's that about? Should I try to bring statements from people I work with or others who have seen how my condition affects my work or life?

  6. #6
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Request for Hearing Do I Need a Lawyer

    without knowing the issues I can't speculate.
    you indicated in the first post that IME opinion may have had something to do with the denial of benefits.
    non-medical opinions about your medical condition would not seem very strong evidence against an IME.
    Last edited by .SH; 11-05-2010 at 07:07 AM.

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