Benefit Amount Dispute

[.SH]

the court really does not like trying each issue separately and attys are more focused on settling and buying out all issues at once.

you were happy with your atty and thought they were wonderful but the atty failed to dampen your optimism and were thoughtless in preparing you for delays.
while your atty maybe a competent comp atty you may need one that communicates more honestly about how litigation is handled.

[tony]

I've never heard of a dispute over the AWW.
It's a simple matter of fact, you look at the pay stubs or w-2's and dwella, there she be - it sure as hell doesn't warrant a hearing.
That's like disputing what year it is, all you have to do is look at the calender.

Tony

[jwdwater]

I am disputing it because my AWW for the job I got hurt at is 919.00 compared to the 524 they got from a previous employer because I was only employed for 4 months before I got hurt . They used the previous years wages to determine my AWW because my employer claims I was a seasonal worker( which according to the law I am not ) , if I were a regular employee without that seasonal classification they would take a co-workers wages to compare and determine ..which is what I am after . My employer tried to tell the mediation officer or whatever you call them that he lays off his men during springtime ..not so , we work right through the year hauling chips when the log roads are shut down ...so thats where this dispute over he AWW is stemming from . I would have been a lot more comfortable if my lawyer had just told me they honestly made a mistake or oversight and were going to fix it asap , but I got some weirdo response about how I couldn't get a hearing date on the issue because I wasn't MMI ..... I could have totally understood if they had told me that they were compiling all the issues to be seen by a judge in a ONE time thing , but that's not what they told me !!

[tony]

jwdwater

I am disputing it because my AWW for the job I got hurt at is 919.00 compared to the 524 they got from a previous employer

So you not disputing the AWW, you're disputing the responsible employer. (apportionment)
That's why they're fighting you tooth and nail, now things make sense.

You may be in for a long haul, they make take it all the way to trial - might take a year depending on the case load.

Good Luck
Tony

[jwdwater]

Thank you Tony , Does it sound weird to you about the story I got that they couldn't get a hearing date for this issue until I reached MMI ? I thought that MMI had nothing to do with this issue and that reaching it only meant that things could progress with reaching an end to the case .....?? what's your thoughts on it ? should I just shut my hole(lol) and have faith he knows what he is doing or do you think I have a valid concern ? It isn't like I want to fire him for this , just want to make sure things are going ok you know what I mean ?

[tony]

I don't know the specifics of this case, I'm speaking in generalities.
It may or may not be weird depending on when the issue of apportionment arose.
At this point you have no choice but to trust this guy, if you try to change lawyers it will stall the process longer.
I'd go with shut your hole, what other choice do you have.

Hey, everybody bailed on this thread, I hate it when that happens (actually I kinda expected it)

Tony