I had my permanent total disability hearing

Author Subject: I had my permanent total disability hearing
jimchudy Posted At 13:17:51 01/21/2001
I could not believe the hearing took only 8 minutes. The other side had no
one at this hearing. A quick review of our position was all that was made.
Our attorney asked the judge if he wanted further explaination an any
issues and he ansewered, it was not necessary.

I realize 8 minutes was not much time for such an important decision. The
time allocation is 30 minutes for this type of a hearing. I do not know
what the outcome will be, but I am hoping the best.

When evidence is filed for these types of hearings, the judge reviews it
and sometimes makes a decision without a hearing because the evidence is
sufficent from the reports on file. We requested a favorable decision
without a hearing, because we felt the documentation was strong enough to
support this.

The hearing was still set. I AM ONLY READING BETWEEN THE LINES, but hoping
I am right. This case has no inconsistenties from evidence over time.
Workers comp IME states permanent, not employable because of condition(s)
of record. Out docs also say this. According to what I read this meets the
defination of permanent total disability. My thoughts are why go on and on,
and on when the judge says there is no need to, and he has no questions of
us, to further justify our claim. I think if we were losing, he would
question us more by saying things like what makes you believe your
conditions are so disabling? Don't the IME doctors think you can do some
gainful employment? Doesn't the vocational report state that you may be
able to do some useful jobs like telemarking?

I saw no negative remarks by the judge, and when our attorney questioned
him to detail other specific issues, he stated that would not be necessary.
Eight minutes is not close to enough time for a review of evidence to
justify this entitlment, unless his decision had already been made prior
to this hearing. I think (with my fingers crossed) it had been made. I now
hope is is favorable, VS unfavorable. I will let you know when I hear from t
his findings report. I have been told this report can take up to 4 weeks
because it is more lengthly than others.

IP: Logg

Post Reply:

This message board has been closed in regard to posting new messages and follow-ups although pages can be viewed. Page loading time had become excessive. Please use the "Message Forum" link from our Main Page here to contribute to our new and improved forum.

[ To the IW Forum | Forum FAQ ]