Q: Does the judge decides on what is argued at an expedited hearing and and msc hearing?
I filed an expedited hearing for ttd benefits. The defense wanted to settle but could not explain how they came up with their offer.
They said there was ttd, and 8% disability rating and open medical. It wasn’t much more than the original $5k that didn’t include ttd or any rating.
The judge continued it to msc because my qme evaluation was the following week. I brought the qme report to the msc but the judge and defense was arguing about sub Rosa film.
Does the judge have a calendar that shows why he continued my hearing or can anyone raise any other concerns? Why is he giving the defense 3 chances to dispute ttd?
The carrier changed attorneys and the offer remains the same with no rating. I’m not mmi and the qme report says there’s several things to do that can help me get better. Does the judge decide on trial on an accepted claim?
A: I'm getting DejaVu, I've read this story at least 3 times!! YES, if the judge is being asked to decide on issues beyond those permitted in an Expedited, then YES the judge can decide this needs to be heard at a regular trial instead of an Expedited. If you believe the judge had sufficient evidence to issue a decision on TTD alone and the judge indicated she would not do so, your remedy was to immediately file a Petition for Removal and put in the 'irreparable harm' that would transpire if the judge failed to issue a decision at the Expedited Trial.
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.
