Richlands, VA asked in Workers' Compensation for Virginia

Q: Should my husband get a new attorney or accept the offer or fight on?

Hi, I am following up on a question you answered on July 3rd. My husband hurt his back at work and was out from July 7th 2017 until the return to work order with full duty on Oct 20th 2017. He saw another dr in April who said he is unable to work. Our attorney files a motion for change in condition and we have a hearing date set for Oct 27th. In the meantime our lawyer sent a full and final for 125k, he said the case could be worth as much as 560k and the counter offer was 10k, we said no, they offered 30k, we don't want to take that but the lawyer does. My husband has an appt. this Friday with their comp doctor and the lawyer said that if he sees that doctor they will withdraw the offer, he already told us the doctor rubber stamps everything and he will side with them and we will lose so that's 2 doctors saying he can work full time duty against the new doctor who says he can't and may need back surgery. They are using his past back problems against him. Should he take the offer?

Related Topics:
2 Lawyer Answers
Jerry Lutkenhaus
Jerry Lutkenhaus
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: Very difficult situation. You indicate a treating doctor released him to return to work. Another doctor says he needs surgery. You are scheduled to see the insurance defense doctor. Your attorney is probably right about this defense doctor. He is “paid” to give an adverse opinion. You also indicate there are “past” back problems. It is very easy for the defense doctor to cite the old problems as the reason for his current difficulty. Another attorney would have to review the entire matter to decide whether or not you can take a risk and go to a hearing on this.

Jan F Hoen
Jan F Hoen
Answered
  • Workers' Compensation Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: Your own attorney knows your husband's case best. You should follow their recommendation.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.