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  1. #1
    Join Date
    Jul 2019
    Posts
    1

    Default Workers Comp Attorneys Will Not Take My Case Because of the Burns Allocation

    My workers compensation claim was made in the State of: New York
    I am in a terrible situation. It seems that no attorney will take my case because, I took a third party settlement and fired three WC LAW FIRMS for negligence and lack of communication, aswell as failer to help resolve medical doctor inquirys.
    To staart off i was sited by the WC JUDGE TO PAY BACK MONEY I RECEIVED FROM THIRD PARTY SETTLEMENT.. THE ADJUSTERS HAVE STSTED TO ME THAT MY BURNS REPAYMENT HAS BEEN MET. HOWEVER, WHEN I ASK FOR PROOF I AM TOLD IT WAS SENT OUT.. I'VE asked the Judge and she ordered the adjuster to prove the receipts. Nothing..!
    Since i have been on my own in representation, the judge has been extremely lenient to the adjusters legal party.
    For example, just had a hearing recently where the judge, in a prior hearing order the adjusters to provide the judge with IME REPORT, OR RULING THAT WAS PUT ON HOLD WOULD BE IMPOSED. HEARING VAME NO REPORT and Judge allowed adjuster to prepair for a hearning. Which has delayed my treatment for now for 3 months.
    So the Judge hasnt honored her decision and blew me off twice at 2 hearings.
    I was ran into from behind by a mini van while clearing off the back of my trailer after a job on a construction site, thereby dislocating my knee, rupturing my ACL and PCL, RIPPING UP MY MENISCUS, and DEVELOPING BLOOD CLOTS THAT ENDED UP PULMONARY EMBOLISM,IN MY LUNG, and no telling where else they might be.
    IM GETTING NO HELP FROM A JUDGE WHO IS SUPPOSE TO BE IMPARTIAL, YET STILL GIVE THE ADJUSTER THE BENEFITS OF THE DOUBT KNOWING I NEED THE TREATMENT AS MY CONDITIONS ARE GETTING WORSE.
    MY DOCTOR HAS INFORMED ME THAT I HAVE CONSEQUENTIAL INJURIES FROM MY LEG THAT ARE NOW BACK RELATED. AND NEED TO BE TREATED.
    IM WONDERING IF A CHANGE OF VENUE COULD HAPPEN. IM JUST TIRED OF GETTING SCREWED AROUND. AND WANT TO GET HEALTHY HOPEFULLY..
    ANY ADVICE..?????
    APPRECIATE IT.!

  2. #2
    Join Date
    May 2010
    Posts
    590

    Default Re: Workers Comp Attorneys Will Not Take My Case Because of the Burns Allocation

    Quote Quoting L T View Post
    My workers compensation claim was made in the State of: New York
    I am in a terrible situation. It seems that no attorney will take my case because, I took a third party settlement and fired three WC LAW FIRMS for negligence and lack of communication, aswell as failer to help resolve medical doctor inquirys.
    To staart off i was sited by the WC JUDGE TO PAY BACK MONEY I RECEIVED FROM THIRD PARTY SETTLEMENT.. THE ADJUSTERS HAVE STSTED TO ME THAT MY BURNS REPAYMENT HAS BEEN MET. HOWEVER, WHEN I ASK FOR PROOF I AM TOLD IT WAS SENT OUT.. I'VE asked the Judge and she ordered the adjuster to prove the receipts. Nothing..!
    Since i have been on my own in representation, the judge has been extremely lenient to the adjusters legal party.
    For example, just had a hearing recently where the judge, in a prior hearing order the adjusters to provide the judge with IME REPORT, OR RULING THAT WAS PUT ON HOLD WOULD BE IMPOSED. HEARING VAME NO REPORT and Judge allowed adjuster to prepair for a hearning. Which has delayed my treatment for now for 3 months.
    So the Judge hasnt honored her decision and blew me off twice at 2 hearings.
    I was ran into from behind by a mini van while clearing off the back of my trailer after a job on a construction site, thereby dislocating my knee, rupturing my ACL and PCL, RIPPING UP MY MENISCUS, and DEVELOPING BLOOD CLOTS THAT ENDED UP PULMONARY EMBOLISM,IN MY LUNG, and no telling where else they might be.
    IM GETTING NO HELP FROM A JUDGE WHO IS SUPPOSE TO BE IMPARTIAL, YET STILL GIVE THE ADJUSTER THE BENEFITS OF THE DOUBT KNOWING I NEED THE TREATMENT AS MY CONDITIONS ARE GETTING WORSE.
    MY DOCTOR HAS INFORMED ME THAT I HAVE CONSEQUENTIAL INJURIES FROM MY LEG THAT ARE NOW BACK RELATED. AND NEED TO BE TREATED.
    IM WONDERING IF A CHANGE OF VENUE COULD HAPPEN. IM JUST TIRED OF GETTING SCREWED AROUND. AND WANT TO GET HEALTHY HOPEFULLY..
    ANY ADVICE..?????
    APPRECIATE IT.!
    Sorry, very hard for me and understand fully.....I had a 3rd party suit also.....I was told point blank that yes the insurance company will look to be paid back in full from a 3rd party suit....

    I first settled my WC, then we settled on 3rd party...

    As for dumping 3 attorneys, I understand why no one wants to help....They dont want to wast there time and be dumped...

    I was an electrician and never liked someone who is telling me how to do my job....And I bet an attorney feels the same way if a regular Joe tells them how to do there job?

    Best of luck, I would not want to face any judge without representation!

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

    Default Re: Workers Comp Attorneys Will Not Take My Case Because of the Burns Allocation

    Lawyers all know that if a person has successively fired three lawyers from their case, the fired lawyers were most likely not the problem. The person doing the firing was most likely the problem, and we take care to avoid problem clients. Workers' compensation and personal injury lawyers are not required to accept anyone as a client. They can pick and choose who they are willing to represent.
    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

  4. #4
    Join Date
    Oct 1971
    Posts
    5,056

    Default Re: Workers Comp Attorneys Will Not Take My Case Because of the Burns Allocation

    IM WONDERING IF A CHANGE OF VENUE COULD HAPPEN.
    You can quit wondering, it'll never happen - this isn't a criminal proceeding.
    Sounds like you've destroyed your claim and any chance of retaining a lawyer, all you can do at this point is face reality and move on.

    I have no idea of why the title of this thread is "Workers Comp Attorneys Will Not Take My Case" after three did and you fired them.
    The title should be "I thought I knew more than my lawyers and was proven wrong"

    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.

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