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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11576
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I have have been declared 22% permanent and partially disabled

Customer Question

I have have been declared 22% permanent and partially disabled due to exposure to toxic sprays, by the Worker's Comp Dr. which my school district sent me to. After 2years they held a QME and now the new doctor is stating the disability is not due to the exposure to toxic sprays but trying to blame the asthma and allergies(which I never had previously) a hieatial hernia, claiming this causes acid reflux which causes asthma. Even the case doctor thinks this is obscene and that the QME doctor is trying to negate and minimize the findings. I now have a letter stating they will stop payments on the initial declaration. In addition, I have had several injuries which one lawyer stated needed dealt with in a case for compound injuries ? A previous injury resulted in a 36% declaration. Any guidance to help me appeal this and ask for lifetime medical and a reversal of this QME?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

I am sorry you are facing this problem after the first doctor gave you a favorable report,

 

You should challenge the report of the second QME before a Workmens Compensation Judge. can challenge the report of the QME before a workers' compensation judge.

 

It appears that this QME is more than just a little biased towards the insurance company. In these instances, you should go to the Information and Assistance Officer at your local Workmens Compensation Appeal Board and request their help in getting your Appeal before a Judge and bring to the Judge's attention the completely different and divergent reports of the two doctors, with the second QME saying the exact opposite of the first QME. Try to convince the Judge that the second QME is so biased towards the insurance company that his report should not be given any weight, or at least given only minimal weight.

 

_____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11576
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I had a local attorney review my extensive files and he declined the case stating a time issue because there is a possibility for a Subsequent Injury Fund Claim. Can you explain this to me. I have the current issue at 22% and was deemed 36% from a blood clot due to an injury and then surgery.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, and Welcome back,

 

I cannot be sure as to what the attorney was thinking of or referring to, but it sounds as if he might think that subsequent injuries you sustained may not have been work related, and I say this because if the attorney felt that they were, in fact, work related, that would have made your case more attractive to the attorney.

 

____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Customer: replied 1 year ago.


Thank you Andrea, He did feel they were work related but stated as a sole practitioner He did not have the time. Now I am wondering if there are timelines I need to meet, or if I just find an attorney and file for the subsequent damages and the appeal.

Expert:  Andrea, Esq. replied 1 year ago.

One thing that you can always bet on is that there is always a timeline and there is always a time deadline to meet, lol, so if you are going to use an Attorney for the QME Appeal, it's best to start looking now,

 

_______________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

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