Offered $25,000 to Settle Workers Comp Case?
A friend lost her workers comp case in 2001 when she refused to accept a $25,000 settlement.
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 should we do now Sonya, what should 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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