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Thread: Motion Set

  1. #1
    Join Date
    Jan 2023
    Posts
    1

    Default Motion Set

    I have a workers comp case which constantly is being appealed by the insurance carrier. - this time around they had an IME look at me to determine whether or not I am totally disabled or partially disabled- my payments have been cut in half - a date was set and in October the judge ruled in my favor of course the carrier appealed again
    This has been since October of 2022 - my payments have been deducted- my lawyer put in a rebuttal regarding the appeals - but now I see case set in Motion 3 months later
    What does that mean
    In the mean time, I have not gotten any treatment since October 2022 and in extreme pain
    Any requests for treatment there either a denial or no response
    my lawyer seems to be ignoring all my calls texts emails
    what is left to do
    Last edited by cmc500; 01-09-2023 at 09:30 AM.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,328

    Default Re: Motion Set

    I have not gotten any treatment since October 2022 and in extreme pain
    That's a long time to go without treatment, it diminishes the seriousness of your injury - if you're in that much pain why don't you go to the ER?
    You're proving you can go without treatment.

    Any requests for treatment there either a denial or no response
    my lawyer seems to be ignoring all my calls texts emails
    what is left to do
    Face reality, sounds like you have a dead case - its bad when your own lawyer ignores you.

    What type of injury?

    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
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,834

    Default Re: Motion Set

    The case is on appeal. What do you expect your lawyer to do? The lawyer probably cannot make anything happen for you while the appeal is pending. Keep trying to get in touch with your lawyer to ask for a status report and explanation of what you can expect while the appeal is pending.
    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
    5,328

    Default Re: Motion Set

    What gets me is how people start these threads and disappear.
    The main issue here is what's the injury - in the past years these types of cases are minor injuries and people trying to play the system.
    There's a reason they don't state the injury.

    There's a reason why the carrier is appealing this case repeatedly and the poster claims to be in "extreme pain" but not getting treatment.
    Legitimate claims don't go for months without treatment, it would be impossible to do if you where seriously injured.
    Also, legitimate claims supported with solid medical evidence aren't appealed, let alone appealed several times.

    We've had dozens of cases where someone with a broken finger, a sprained ankle or the loss of a toe nail seeking total disability and claiming their lives are changed forever and seeking millions of dollars.
    Over the years I've wised up, I see the red flags and quit playing these stupid games.

    If you have a legitimate claim and in need of help, you're in the right place.
    If you're a scam artist looking to get rich you'll be called out and banned - got it?

    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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