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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14510
Experience:  15 years exp all aspects of general law
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I am representing myself in court on 9/1/09 for a denial workers

Customer Question

I am representing myself in court on 9/1/09 for a denial workers compensation claim.

I requested a copy of my first injury report, attendance record, evaluations of performance, paystubs and commentaries concerning my employee performance, promotion and demotion records.
I've requested these documents on three different occasions by certified letter, email, presenting a letter to human resources in person and having her sign the letter stating that she recieved it.

To this date I have not recieved the documents.

I have a copy of all the request that was sent.

What will happen when I go to court tomorrow without the above documents?

Janet
Submitted: 5 years ago.
Category: Legal
Expert:  Legalease replied 5 years ago.
It is pretty difficult to guess what will happen unless you give me some information on the underlying case. While the fact that they failed to deliver these items will annoy the hearings officer and it may result in them producing some of the information (and may end up with a continuance), that fact alone will not win your case. So, can you tell me a little bit about the facts.
Customer: replied 5 years ago.

I have asthma and my job was aware of it due to the fact the I had a workers comp claim back on 8/27/08. Managers were painting a wall 10ft in front of my desk which triggered my asthma. The company paid for my doctors bills and the time that I was out of work.

 

On 12/27/8 a painting crew was painting the receptionis wall and refinishing the receptionist desk using adhesive and once again I left work and visited the hospital emergency ward. I was out of work until 1/17/09. This time the company denied my workers comp claim.

 

Now my asthma has became chronic and I have chronic sinusitis.

I have a specialist that treats asthma and sinusitis who stated that the fumes from the paint has caused severe damage to my lungs.

 

Now I must give myself allergy shots for 18 months and use a nebulizer

 

I work for telemarketing company that is open 24 hours a day.

I notified OSHA concerning the work environment on 7/15/9 and my job recieved several fines.

 

I believe that is why I am having problems getting the documents from my personnel file.

 

 

 

Expert:  Legalease replied 5 years ago.
They have no reason to deny your second claim if they paid the first on essentially the same facts. You are right, they are just being jerks -- because they are now afraid every time they paint something, etc., you will open a claim.   Make sure that you tell the hearings officer that you need the missing documents (particularly a copy of the first injury report) to show that work on the premises has caused problems for you in the past and that this second time was no different. Additionally, the fact that they were fined by OSHA should be brought up (if you have documentation of this, it would be good). Bring YOUR documentation regarding the first injury and your doctors notes to prove that there is an injury report for the first claim.

As far as questioning witnesses goes, this is not a formal court proceeding -- very informal -- so you should be permitted to ask questions of anyone who shows up for the employer in a very informal manner.

You also seem to have permanent lung damage here -- and you may have a claim for future ongoing benefits from them and that's what they are afraid. of. You really should consult with an attorney to determine what long term benefits you may be able to get from the employer.

I believe you have a fairly good claim, particularly in light of the fact that you had a prior claim -- the only thing I am leary of is that they may try to claim the lung disease was a result of other environmental factors. If they bring that up and have not offered to pay for an Independent Medical Exam to evaluate your condition and try to present a different causation, mention that to the court.

You may win, but I see tough times on this one because of the nature of the illness and injuries and you are probably going to need to get a lawyer at some point.

Good Luck.

Please press the GREEN ACCEPT BUTTON so I will receive credit for my time. Thanks
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14510
Experience: 15 years exp all aspects of general law
Legalease and 5 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Thank you so much

Janet

Sterling, CO

Expert:  Legalease replied 5 years ago.
You are welcome.

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