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  1. #1
    Join Date
    Nov 2012

    Default Certification of Petitioner

    I am suppose to go to WC court in a few weeks for settlement after 8 years. I am 100% disabled. My attorney sent me two forms to fill out. The first Notice of Motion for temporary /Medical Benefits, second Certification of Petitioner. He gave some vauge ideas what he thought we should put in.
    The first part of the Certification said I was swearing the thing I put in the Certification to be 100% true, if not I could be subjected to sanctions from the Judge. An important issue is the Judge I originally had retired 2 years ago. She had an upper hand on this very completed case, & could see through the games the IC played like delays, sending me to literally at least 30 doctors. They stopped TTD on multiple occasions, at 6-9 months at a time, some of which have been resolved the IC said I was noncompliant, it was unfounded, the judge even ordered a 15% temporary voluntary tender for 16,020.00 (this was 4 years ago). There is now another portion of time they stopped payments for 46 weeks, which is suppose to be taken care of at settlement.
    My attorney has relocated to another state, yet this is his last case in NJ. He told me, & my husband he just wants his 100,000 & to get out of here. He has been so cynical, telling me he has wored all these years for free. The irony, when I askexd where the records were to show the judge how the IC on so many occasions been noncompliant, he can't find them?
    I started obtaining & keeping records, as well as log of all the appointments the IC sent me to, all the hospitalizations, and then found my COBRA insurance I had to pay for myself, husband, & 4kids was paying manuy of the WC bills. I told the attorney, nothing I just kept records. Once Cobra ran out my family obtained insurance, I was not insurable. The bill collectors were calling, my credit is ruined and my attorney said there is nothing I can do about it? I did try to have them removed, no luck.
    After spending literally weeks filling out the certification form, scanning it to my attorney he emails me saying he does not recommend using this. The reasons were I violated client/attorney confidentiality by stating truth about the records, how they were obtained, there was a Judges order back in 2010 when I requested a psychiatric evaluation due to all the finacial, physical, &emotional stress I have been under. The IC called the psychiatric office the day before, telling them they refused payment if I was seen, as well as I was non complaint with my pain medication. The office notified me, I asked the doctor to put it in writing which she did. My attorney never tried to help resolve this, I remain without treatment. There are mu.tiple other issues like the IC denial of medications by authorized doctors, we have all tje records as we,l as the reasons given to the pharmacy for denial. We have put out over 10,000 in ourown money, thos was never addressed while it was going on, even when asked for a motion to be filed. There are so many more issues, & it seems my attorney didnt expect me to brimg these things to the judge? Now I fear how he will handle the settlement, he advised me to change the statement. If I kept mo records I would be in ao much trouble now.
    There is another big issue. I was considered 100% disabled by the federal government in 2009, Medicare was my insurance for not work related problems. Medicare has paid over 40,000 in expenses that are WC, also leaving me with a deductible, & 20% of what is not covered. I told the attorney.many times, showing him the last operation I had 26,000 being paid by medicare. I was told not to open a kettle of fish, NJWC only has 500.00 listed??? Isnt there a Medicare setaside,? Can I be charged if they dont put a setaside in place?
    I unfortunately had an injury that should have had me back to work within 6 months, complications from surgery have left me unable to ever eat, or drink again without aspirating, which leads to death. I have COPD now related to aspirating,a feeding tube, and will need more surgery. My children have been traumatized seeing me nearly choke to death on my own saliva. I am 48 years old, didn't think I needed an attorney when first injured, now I am in a position where I don't know what to do. ANY ADVISE WOULD BE WELCOMED

  2. #2
    Join Date
    Feb 2007
    831 East Morehead St., Ste 355, Charlotte, NC 28202

    Default Re: Certification of Petitioner

    Well, you have a lot of issues there.

    You may need to repay Medicare out of your settlement for anything Medicare has spent on your comp injuries. So right off the bat, you have mentioned a potential $40K Medicare lien. That is the first issue I think you should try to straighten out.

    There probably should be a Medicare Set Aside if you are closing out medicals when you settle. I think your situation requires one.

    In order to get psychiatric care paid for by the work comp carrier you have to prove it is related to your compensable work injury. Have you gone through that process yet?

    I am sorry that your lawyer is so cynical but he apparently has worked for free up to now. And he is not a magician so he probably will not be able to resolve all your issues.

    Why would records of past incompliance of the carrier be important at this point? Do you expect that information to get you a bigger settlement? If so, what is the legal basis for that? Sanctions?

    I think you should work more closely with your lawyer on what needs to go into the Certification. You don't want to screw things up at this stage.

    Good luck.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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