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Old 04-05-2012, 07:22 PM   #1
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Legal Advice Needed

If there are any lawyers on the forum, I would be very appreciative of a bit of advice if possible.

I'm not looking for extensive advice, just to know if I have a case worthwhile pursuing. If it is worth pursuing, I would happily meet you at your office for a more in depth discussion at standard rates.

I would rather not go into extensive details here, but here's the basics.

Following an injury at work in 2009 I spent 19 months in rehab, at the conclusion of which I was deemed permanently disabled. The disability decision includes permanent chronic pain, walking, lifting and general movement restrictions, the percentage of total disability is currently set at 4.3%. I'm not happy with the 4.3% figure due to the severity of the restrictions and the impact they have on my life. I can communicate the specifics via pm.

I've heard wcb is more difficult to fight than icbc, what's the likelihood of success if I appeal?
If I appeal, approximately how much higher could I have the disability award raised?
How extensive would the legal costs be?

Thanks in advance to anyone who can offer a bit of help.
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Old 04-05-2012, 07:37 PM   #2
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Rick McMullan « Our Lawyers « Campbell Burton McMullan LLP — Lawyers — Langley, Surrey, Aldergrove, Abbotsford, Maple Ridge, Chilliwack

Rick used to be my next door neighbour for many years, is my family's lawyer, and, more importantly, is also a highly experienced personal injury lawyer. He'll be able to handle anything you throw at him.
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Old 04-05-2012, 07:37 PM   #3
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Wcb is really hard to fight compared to icbc. However there is a threshold of time to fight the claim, get a lawyer ASAP
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Old 04-05-2012, 07:40 PM   #4
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Wcb is really hard to fight compared to icbc. However there is a threshold of time to fight the claim, get a lawyer ASAP
That's what I've heard, unfortunately.

I still have another 6-7 weeks to file my first appeal.
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Old 04-05-2012, 08:47 PM   #5
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My own and my mother's experience:

WCB is the Devil. ICBC are saints in comparison. Never will I deal with WCB - ever.

Good luck.
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Old 04-06-2012, 10:07 AM   #6
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lawyer up, this sounds like its a long term problem. Last thing you want to do is forget about the filing date and get permanently fucked. ALSO, the later you wait, the less time your attorney has to prepare stuff.

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Old 04-06-2012, 11:27 AM   #7
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^ good point, your lawyer prolly needs time to prepare.

Hopefully a lawyer will chime in and answer your question.
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Old 04-06-2012, 11:45 AM   #8
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just talk to the lawyer straight off, usually i don't think you pay for them to hear your story and see if they want the case or not.
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Old 04-06-2012, 11:59 AM   #9
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I don't know... You type surprisingly well for someone who is completely disabled.
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Old 04-06-2012, 12:53 PM   #10
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I don't know... You type surprisingly well for someone who is completely disabled.


Stephen Hawking can "type" quite well too...technically.
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Old 04-06-2012, 01:13 PM   #11
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as others have remarked on speed is of the essence; you really should have lawyered up the moment the injury occurred.

wcb can be difficult but fortunately appeals are available and appeals of the appeals and reopening closed cases

pm'd some suggestions
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Old 04-06-2012, 01:20 PM   #12
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Dealt with wcb long time ago. Lawyer up. My company deals with wcb all the time (health care trust/ services provider) . Last time I was injured, I asked legal dept in my company to recommend lawyer, they gave me a few names, said they were best in getting compensation for thr clients. I'll check on Tuesdays when I go to work
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Old 04-06-2012, 02:01 PM   #13
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Dates/Physical evidence are VERY IMPORTANT

I Pm'ed you some information.
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Old 04-10-2012, 10:22 AM   #14
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I always wonder who ends up paying for the lawyer bills when fighting against insurance and organization like WCB...

i.e. i know lawyers fee can easily amount to tens of thousands of dollars even for a small and basic case.
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Old 04-10-2012, 11:49 AM   #15
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If you win the judge can award you costs which pay for part or all of the legal fees.
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Old 04-10-2012, 12:06 PM   #16
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Quote:
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just talk to the lawyer straight off, usually i don't think you pay for them to hear your story and see if they want the case or not.
Most of them charge a minimum $90 fee just to hear my story. Unfortunate, but I think it's because everyone approaches ICBC and WCB cases and potential jackpots. In reality, I've lost more in 2011 alone than my total settlement

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I don't know... You type surprisingly well for someone who is completely disabled.


It's a chronic pain and mobility issue, not mental.
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