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  1. #1
    Join Date
    May 2019
    Posts
    4

    Default Workmans Comp Appeal Court Date This Week

    My workers compensation claim was made in the State of: Nevada
    Hello. I appealed my workmans comp case regarding carpal tunnel rating. They put my whole percentage of ppd from the rating dr in abeyance. Due to their negligence to provide the rating dr with the emg tests that show nerve damage,carpal tunnel. The dr wasn't able to confirm that my disabilities/ppd was in fact a result of carpal tunnel. My percentage of disability wasn't pending the emg results, me having carpal tunnel was.Since then I spoke with Dr, and he said he completed report, and sent back to claims adjuster. I received a letter today from the workmans comp that they have a lawyer showing up for them at my appeal . My case is 90% done just needed the dr to confirm emg. Any tips for my court date? Thanks for your time.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,053

    Default Re: Workmans Comp Appeal Court Date This Week

    they have a lawyer showing up for them at my appeal .
    Any tips for my court date?
    Do as they, hire a lawyer.
    Without a lawyer, you don't stand a chance - they'll chew you up and spit you out.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    May 2019
    Posts
    4

    Default Re: Workmans Comp Appeal Court Date This Week

    I've already contacted one. He told me to tell them I would like to look for counsel before we continue this case. If I needed him he said. My case was almost pretty much done. So hopefully it goes smooth,but like you said if they're trying to fight it,I'll definitely need counsel. Its gonna be hard for them to fight their Drs rating he gave me.. thanks for the reply

  4. #4
    Join Date
    Oct 1971
    Posts
    5,053

    Default Re: Workmans Comp Appeal Court Date This Week

    I appealed my workmans comp case regarding carpal tunnel rating.
    He told me to tell them I would like to look for counsel before we continue this case.
    The court's not going to appreciate you playing games and wasting their time.
    You are the claimant, you filed the appeal - it's your responsibility to be prepared and present a credible case - you had more than enough time to retain counsel if you so choose.
    They may promptly dismiss your case and rule for the defense.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,760

    Default Re: Workmans Comp Appeal Court Date This Week

    I agree with Tony. You better get a lawyer to show up for this hearing and not jerk the court around on this. You have had plenty of time to prepare for the hearing you requested, and plenty of time to prepare means you have had plenty of time to hire a lawyer. Most judges are not going to continue the case for this reason that you need more time to hire a lawyer. The mere fact that you waste the court's time asking for a continuance now will just piss off the judge. And why anger a judge who is going to be ruling on your case?
    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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