A Friend Lost Her Workers Comp Case When Offered $25,000 to Settle?
What do you do when you have a lawyer representing you in a workers comp case and when they go before the judge, and they see their case is going down hill, and the lawyer turns to his client and asks, what do we do now Sonya, what do we do now? What should Sonya have done?
First of all, Sonya was very depressed and when she was called to testify before the judge, she wasn’t able to express herself. She was not able to put a full sentence together that made any sense. The judge wanted her to recall several incidents that happened on her job that caused the depression and/or aggravated the depression. Please take into consideration that this is why she is disabled, because her memory was so bad from the depression, she couldn’t remember anything. She was not able to function on a day to day basis. To describe something from memory was impossible for her at that time and even now. The judge stated that he didn’t understand anything that she was saying and couldn’t make any sense out of it. So, based on her testimony or no testimony, he denied her the workers comp. That is why she was on disability! She couldn’t recall anything from memory or give a description of what it is she was trying to convey because she could not make a complete sentence that made any sense due to the depression.
What did that judge expect?
How could it be that he ruled against her after seeing how the depression had handicapped her memory and other facets of her life?
How is it possible that he expected her to be able to recall incidents that happened on her job 10 or 20 years before? She couldn’t remember doing her work on her job. She had to write notes to herself as a reminder to do a specific task or remind herself that a task was completed or was incomplete.
Do you think that she was treated fairly in this case? She receives retirement disability and social security but not the workers comp. Why wasn’t she awarded the $25,000 and workers comp benefits?
Is there any way to have this case reviewed for a new decision?
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A judge can only judge on the evidence presented either by the plaintiff or by witnesses.
Knowing the state the plaintiff was in the offer of $25,000 should have been accepted.
You did not mention who has to pay the costs which may give rise to a further difficulty.
She could consider an appeal but then costs are going to rocket, there is now in my opinion less chance of a settlement being offered hence she would be moving to another judge and is she in a fit state to face him?
I realize it is little consolation but the offer of $25,000 should have been accepted – in her state her lawyer should have seen that – what opinion did he give as regards the rejection of the offer?
Did your friend over ride her lawyer’s advice on this?
This is an example of the imponderable consequences of going to law and the acceptance or rejection of an offer of compensation – many, many big cases are settled on the steps of the court house.
My best wishes to your friend.
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