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Bobby L. Bollinger Jr.
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Bobby Bollinger’s Answers

1,966 total


  • Do I simply file a Motion for Summary Judgment by default on the last day answer is due and that is it?

    It looks like I have won $57,000 discharge of student loans. Deadline for an answer is next week and no appearance or response. I talked to the attorney a few weeks ago and she said "if" they file an answer - after she read my complaint. I am loo...

    Bobby’s Answer

    If they don't Answer on time, or get an extension, or make an appearance, the first step is to get an "entry of default" entered by the Clerk of Court. Then you can file a Motion for Default Judgment. That procedure varies depending on how you write the Complaint.

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  • What's the settlement amount i can ask at my settlement conference for 1% rate?

    Hi!! I got a 1% rate permanent disability from the QME for my knee i had 2 meniscus tear surgeries and said i might get another

    Bobby’s Answer

    You got "one percent" after two surgeries? That does not quite seem right to me. You should get a free consultation from a local workers' comp specialist lawyer to get your very good question answered.

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  • What is the reason for not receiving worker comp payment?

    I was hurt on the job and my employer put me on an company called pma insurance where my medical bills, doctors visit , and getting paid will be handled til I'm clear to come back to work it's been over a month and haven't received any format of w...

    Bobby’s Answer

    You are probably not going to get anything until you hire a competent workers' comp lawyer to protect your interests and advocate on your behalf. My guess is that you have not even filed the claim properly yet. If that is the case, then that alone shows that you need a lawyer. Workers' comp is not a DIY kind of legal scenario.

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  • Help, got fired while on Workers' Compensation.

    I need help. I have an injury to my thoracic spine from last November. I have been seeing my Workers' Compensation doctor and have been placed on light duty. Due to my injury I have been late several times an hour or so. I was written up for each ...

    Bobby’s Answer

    Sounds like they fired you for being late, repeatedly, after being counseled, rather than for filing a comp claim. At least, that is what their evidence will show. Did your light duty restrictions allow you to come in late? You were an employee at will, right? You may want to speak with an employment law attorney as to whether you have a viable wrongful termination claim.

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  • Do I have to pay a (large) fee to my workers comp doctor to complete the disability questionnaire, or can the DOL pay the fee?

    I have been on a worker comp claim (2nd claim) for a back injury. I recently filed a CA2a to reopen and combine the original injury case and the recent case. I obtained the disability package from my employer which contained a 1+1/2 page form fo...

    Bobby’s Answer

    I don't practice law in Florida, but I would say "no, the injured worker does not pay that fee." Ordinarily, in workers' comp, the insurance carrier pays for all the medically-related bills. (If the case is accepted, at least.) And that sounds like a grossly excessive fee anyway. At this point you should consult with a local lawyer who specializes in workers' comp.

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  • What is the best course of action with an active workman's comp case?

    July 14, 2015, pulled my sciatica on the job. Claim in 07/15/15 due to extreme pain. Fell off of office steps with no railings. Urgent care, sciatica. Steroids did not work. WC took 2 weeks to react only due to my toes were turning blue, back...

    Bobby’s Answer

    I agree with the other answers. I would also suggest you talk to a lawyer who handles medical malpractice cases about whether you have a professional negligence claim that is worth pursuing. The delay in diagnosis and treatment in your case is really inexcusable. But you need to get legal assistance for your workers' comp case first. Good luck.

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  • Can I apply for workers compensation if I signed a waiver stating I did not need medical attention when I fell?

    I work in a hotel kitchen. I slipped and fell on the kitchen floor. I signed a waiver before leaving work stating I did not need medical attention. My shoulder was sore, but not painful enough to go to the ER. I decided to go to the ER six days la...

    Bobby’s Answer

    Waivers of workers' comp benefits are prohibited by law, so that waiver is meaningless. NCGS 97-21. You have 30 days to provide your employer with written notice of the accident and injury. You have two years to file the claim with the NC Industrial Commission. I recommend that you file the "Form 18" claim form online at the NC Industrial Commission web site and give your employer a copy of the form. You are probably going to end up needing a lawyer to help you, so start researching lawyers. I have put some links here that may help you. Good luck. https://www.avvo.com/legal-guides/ugc/what-to-do-immediately-when-you-are-hurt-at-work-in-north-carolina
    http://www.nclawspecialists.gov/for-the-public/find-a-legal-specialist/results/?id=1111

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  • Can I contact the insurance company about my workers compensation after the case has been closed for a year?

    I fell and broke my right wrist while cleaning snow at work in Feb 2013. I underwent surgery twice on my wrist. March 2013 and March 2014. I never sued the the company but was given workers compensation after my surgeries. My doctor closed the ca...

    Bobby’s Answer

    You can, but what are you going to say? "How much money do you owe me?" That is not the best way to approach the carrier. You will likely do better by contacting a workers' compensation lawyer there in your state and getting a free consultation. You don't even know the true status of your case at this point--you may need to file some papers first with your state commission and you may be up against a time deadline to do it. Call a lawyer and learn about your rights and obligations before you call the insurance company without a good plan for what you want to accomplish. Good luck.

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  • Should I claim my injury is work related on short term disability forms, if Worker's Comp denied my claim?

    My boyfriend recently tore his ACL at work, and is now going to need knee surgery. This will put him out of work for at the least a few weeks with no pay. Workers Comp denied his claim, because of the very specific rules in North Carolina. He has ...

    Bobby’s Answer

    The fact that the insurance company denied his claim as a workers' comp claim does not mean much. He may have a perfectly good comp claim. Insurance companies issue bogus denials all the time. He needs to talk to a lawyer who specializes in workers' comp.

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  • I fell@Novant hosp this morn/didn't go to er. Now my back/neck r starting to hurt.can i still expect them to look @ me for free?

    I deliver Flowers for a living. Was at Hosp, they were doing the floors with some sort of goo, I didn't see the wet floor sign and I fell. They wanted me to go to the er but I wouldn't. Now my neck and back are hurting. I don't have medical insura...

    Bobby’s Answer

    You need to report the fall to your employer and ask that they turn it in to their workers' compensation insurance company. The work comp company should pay for any medical bills. You may also have a slip and fall tort case against the hospital, but those are very hard to win in NC due to the "contributory negligence" rule. Your best bet is to file and proceed with a workers' compensation claim. Fault will not matter there.

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