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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37959
Experience:  Retired (mostly)
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I have employee / employer question

Customer Question

I have employee / employer question
Submitted: 5 months ago.
Category: Employment Law
Expert:  socrateaser replied 5 months ago.

Hello,

How may I assisst?

Customer: replied 5 months ago.
My question is as follow. I do house flipping and hired lanscaping person to do some work.
He got injured and went to hospital and listed me as his employer. I did not hire him as an employee nor my company has any other employees. The person went and filled for worker compensation and the state did an investigation for the claim. They determined that there was no employee and employer relationship. After the person received that letter. His attorney filled an appeal. I was wondering should I be worry about it or just let it take its course?
Expert:  socrateaser replied 5 months ago.

Typically, if the workers comp board decides that the worker is an independent contractor, then it's unlikely that an appeal will succeed. But, if you want to actually defend yourself, then you'll have to hire a lawyer to respond to the appeal.

There's no way for me to tell you that you have nothing at all to worry about. 95% of appeals uphold the first decision, but there's always that 5% that are reversed. If you want to reduce your risk, then you can hire a lawyer. But, at this point, the odds are about 20:1 in your favor.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 5 months ago.
ok, thank you!Another thing is appeal hearing was requested by his attorney, and the date was set. He has now asked for a continuance for the 3rd time. Do you what might be the reason the attorney is asking for a continuance? The attorney asked for the continuance 1 day before the hearing. So I didnt know even know the matter is set for different date. I show up for the date of the hearing and they tell me the person's attorney as asked for a continuance and it is set for another day.
Expert:  socrateaser replied 5 months ago.

Continuances are usually granted when an attorney has a conflicting hearing in a different court or agency. Also, it's summer and many attorneys are taking vacations, which is another reason for requesting a continuance.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 5 months ago.
for example first date was set january 8th then second one was set for april 22nd and 3 one is set for october 27thI see is as almost 1 year worth of continuance, could there be other reason besides conflicting schedule?
Expert:  socrateaser replied 5 months ago.

I would be guessing at the reasons. A continuance requires "good cause" which means a substantial justification. It can be for any reason, as long as thee judge believes that the reasoning is clear and convincing.

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Customer: replied 5 months ago.
what type of attorney do I need to hire if I need to hire one?
Is there more evidence can be provided for the appeal hearing date? or everything is based on the first investigation findings that state has done?
Expert:  socrateaser replied 5 months ago.

You would hire a civil litigation attorney with experience in workers comp appeals.

Yes, more evidence can be presented, because the initial investigation is not a true adversarial hearing.

I'm headed to bed, now, so this will have to be the last question. I wish you a very happy July 4th Holiday!

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Expert:  socrateaser replied 5 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
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Customer: replied 5 months ago.
Hi, Yes I still have more questions.You mentioned the odds our in my favor 20:1, is that still the case if there is new evidence because you said new evidence can be entered in the appeal, but so far for past 6-7 months that person has not provided any new evidence. I am kinda puzzled as the attorney is not providing new evidence he keeps getting continuance and I don't know what the reason is for the continuance? is there any way to find out what the reason for the continuance are ?
Expert:  socrateaser replied 5 months ago.

You're asking me to engage in pure speculation about the attorney's reasons for requesting a continuance. Maybe he's desperately trying to come up with something new for the hearing, and he's inventing reasons to delay while trying to find the additional evidence.

I really don't know. But, the raw odds are about 20:1, because that's the average percentage of cases that are reversed on appeal. But, these are raw odds, and they may or may not coincide with the actual facts of your case. Unfortunately, that's the best I can do in this forum. I cannot review your entire case, because that would be practicing law, which is not permitted in this forum.

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Customer: replied 5 months ago.
which state are you licensed in?
Expert:  socrateaser replied 5 months ago.

Please contact Justanswer customer service for my licensing information.

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