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I am involed in a Ohio Work Comp I have a law firm on my case. It is a long story an it is against my lawyers Case is 4yrs old

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Started out to get surgery, denied. back an forth, now I am getting other health problems an lawyers will not return calls or emails. I get ask stuff that I need help on answers, I fill I am not getting help any more. They will get more money if they settle for MMI rather than fight for me. Is this a breach of contract. I dont have any say in it? My Doctor is fighting to get help for surgery. This story is much longer. I am now also on s/s disability an just got Ins. I am afraid that my back surgery is going to be my Ins. an my pocket.Lawyers are under contract also? To help me an they, I feel are just stopping where they can get the most cash?

I was trying to make short, an I said against my lawyers. But OBWC is the ones tht denied almost every test an used all they could to avoid surgery agianst 7 doctors an 3 surgeons. So far pills is about all they have approved, an stopped acouple. Lawyers will not call me back so I even no what I should or not do,or what to say? I thought hiring a lawyer was to help me. I believe they are going to shut me off, an maybe last chance to get surgery?

Attorney Answers 3

Posted

Try to get a referral to another workers comp attorney there in Ohio for a second opinion, if nothing else to put your mind at ease.

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

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5 comments

Asker

Posted

I have a law firm from Columbus, O An they rec 1/2 of settlement. An I am under contract with them. There are still alot more info?

David Andrew Mallen

David Andrew Mallen

Posted

When you get a 2nd opinion for a 2nd lawyer, the 2nd lawyer will tell you how the fees would be allocated between the two law firms. You would not have to pay double recovery

Asker

Posted

I believe this is to hard to do by phone, Thanks anyway a phone would work better. To much to type an your time I'm sure is needed Again I Thank You I have a hearing at Idustrial Ct Cambridge, O tues.

David Andrew Mallen

David Andrew Mallen

Posted

I don't practice law in Ohio. You need a Ohio lawyer. Just trying to be helpful. I can't give you legal advice.

Asker

Posted

Thanks but more than just money I steal am missing a chance to get my back fixed, even with my ins. I can't pay 200,000 out of my pocket. I will take your advice an talk more lawyers an see if they can stop MMI an try to get surgery. Thanks Again. Morgan >

Posted

Would suggest you make appointment go see your attorney with list of questions and if you not satified with the answers get a second opinion. Its your case and you deserve to know what is happening and why, and be sure to ask your attorney what there plan is to get your surgery and how long each step in the process should take. That will give you a way to monitor the progress of your case. At the end of the meeting ask for a confirming letter for your records.

Best of luck to you.

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Posted

First, what you are describing is a typical Ohio Workers' Compensation claim. Your Managed Care Organization or MCO for short is the source of much of your trouble to date from the sounds of it. They are like an HMO for workers' comp that your employer picked and they are the ones denying your treatment. MMI does not do your attorney or you any good. Your claim will not now simply settle because of this. In fact, settlement is rare

This answer does not constitute legal advice for your situation and no attorney-client relationship has been formed. We can only assist you if you come into our office, meet with one of our attorneys, sign the necessary fee agreement and other necessary workers' compensation forms. Until then, we are not acting as your attorney and can take no actions to protect your interests. Further, we can not properly advise you as to the deadlines to act, also known as the statute of limitations. We can tell you missing such a deadline, even when you are unaware of, will result in you losing all rights under your claim.

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