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Peter Leehey
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Peter Leehey’s Answers

36 total

  • When writing the Worker's compensation hearing summary, can you include information that was in exhibits, but didn't mention

    Worker's compensation hearing completed. B/c my attorney suffered a serious health problem, she wanted to post pone my hearing, but then decided she had to with drawl from representing me, so I represented myself. I am now writing the hear...

    Peter’s Answer

    Yes. As long as you are commenting on evidence that is in the record, whether verbally discussed at hearing or not, you're fine.

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  • Accident on friends bike?

    I was storing a bike for a buddy of mine and with his permission, ride it occasionally. I called Geico and asked how to proceed on getting the bike covered and they told me with him being the registered owner I could still get a policy on the bike...

    Peter’s Answer

    You absolutely need to get a lawyer in your corner to set this situation right.

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  • Motorcycle accident & need advice

    I was riding my motorcycle and a car cut in front of me. To avoid getting seriously hurt I dumped my bike. My bike however still hit his car but I rolled on the pavement. The driver was ticketed for failure to yield I am still sore and have d...

    Peter’s Answer

    Without lawyer involvement, insurance companies rarely voluntarily pay what most lawyers consider fair value on a case. You should retain a lawyer to ensure that you receive fair pay for your harms and losses.

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  • Wonder if heart problem can be considered for 2nd injury fund? Workers compensation case. Severe pain causes tachycardia.

    Work injury ins. co took 109 days to get me treatment, even after my ER visit (61 days after fall b/c growth on right corner of my knee, was half the size of a golf ball) Finding states: I do not see any significant degenerative changes of the ri...

    Peter’s Answer

    This is not a Second Injury Fund case, but rather, a workers' comp injury claim against your employer and its insurance carrier. The medical evidence will determine which medical conditions are compensable. You need to get a new lawyer knowledgeable in workers' comp law as quickly as possible.

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  • Do i have a case for a lawsuit?

    My family and I got into a Vehicle accident just over a month ago & i have been in pain every since then!! I have been going through physical therapy but it is not helping. Everyone is saying to contact a lawyer?

    Peter’s Answer

    The best advice is to consult with a lawyer very soon. You may not need to actually hire a lawyer; only time will tell. The important thing is to be sure your rights are protected.

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  • I hired a lawyer over 2 years ago went to court July of 2014 and still haven't heard anything should it take this long?

    Had surgery on my shoulder but then went back to work got hurt again they denied a MRI . In pain all the time my insurance don't want to pay the bills and workman's say oits not a workman's case. Can you help?

    Peter’s Answer

    You need to make an appointment with your lawyer. S/he will probably tell you that on occasion, the deputy workers' compensation commissioners in Iowa take many months to write a decision. Sometimes it's the deputy, other times it's due to some other staff shortage issue. Regardless, you lawyer should be able to fill you in much more fully.

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  • My mother was in the process of settling a workman's comp claim, but died before she could sign the final paperwork.

    Her lawyer said that since she died before she could sign, her estate would receive nothing. Is that fair or right?

    Peter’s Answer

    If your mom's death was due to causes unrelated to the work injury, the claim for compensation died with her. If death was due to the injury itself, the claim survives.

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  • Is it ok to consult with more than one lawfirm at the same time? Personal injury...

    Is it ok to consult with four to five law firms at the same time if the case is complex and investigating such case takes time? Haven't had any attorneys give their legal opinion. I just know that it is an expensive case and high profile. Finding...

    Peter’s Answer

    I highly recommend that you interview however many lawyers you need to interview until you find a firm that you are comfortable with. If your case is as complex as you make it sound, you're going to have a lot of contact with the law firm you select.

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  • Looking for a legal malpractice attorney in Cedar Rapids or Iowa City, Iowa, for gross misconduct for workers compensation case.

    My own lawyer lied to me, as he also misrepresented facts of my work comp case, with held important documents, made decisions without consulting me, and his gross misconduct has resulted in undue pain, and stress that caused my heart to have atria...

    Peter’s Answer

    It would be a huge mistake for you to try to represent yourself at the workers' compensation hearing. You need to immediately try to hire a new lawyer, so that lawyer has time to take appropriate action for you.

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  • If an employee has 2 different Body as a whole permanent injuries? Does it count as one Body as a whole, or 2 separate cases?

    Injury at work. Back given a 5% impairment rating. Shoulder/Arm given a 7% impairment rating. In addition leg given a 2% impairment rating. I understand the back and arm are what is considered Body as a Whole and that loss is 500 w...

    Peter’s Answer

    The back injury is a body as a whole injury, which gets you into the 500 week schedule. If the arm injury involves the shoulder, that would also get you into the 500 week schedule. Leg and arm injuries (that don't involve the shoulder) are considered "scheduled member" injuries, and are compensated differently. In your case, however, since the leg and arm injuries are a part of the same work injury, the impairment of all three body parts will be considered in arriving at your industrial disability. Think of industrial disability as the measure of your loss of access to the job market.

    If you will never be able to perform the same type of employment, it is possible you could qualify as an exception to the 500 week schedule. Workers who are permanently totally disabled are entitled to weekly workers' compensation benefits for life, or until it's shown that the worker is no longer totally disabled. Your employability doing jobs other than your usual job will be crucial in trying to figure out if you are permanently totally disabled.

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