Judge Decision Time

[miken79]

What is the name of your state? West Virginia

My father in-law was hurt on the job in June 2000. He was promised workers comp in writing by his employer but than over a year later was denied. He filed a suit against the employer company on May 2002. This is 1 year and 11 months after his accident. The accident occurred in KY which has a 1 year statute of limitations law. West Virginia, which is where the Company, and workers comp is based for my father in-law, has a 2 year statute of limitations. The company is arguing that the statute of limitations law should apply by KY because that is where the accident occurred. The argument was brought to a judge in 2002 to make a decision and whether the case can go to court. To this day (Oct, 2007) the judge has still NOT made a decision. My family calls our lawyer's office every month and they give us the same response, we will just have to wait until the judge makes a decision and that we do not want to pressure him. Recently, our lawyer and the defending company’s lawyer met with the judge. Out lawyer requested that we move onto the decision. The judge replied that he was still looking into it and that he has not made a decision yet. I know that a judge has an unlimited amount of time to make a decision but I think this is too extreme! My family is tired now and just wants a decision to be made! We are even considering that there is a possibility the judge is being "influenced" by the company. Is there anything we can do? Can you submit a motion for decision request? If so, does that judge have to make a decision within a "reasonable" amount of time? Any advice or information would be appreciated.

Thank You


Thank You

 

[Rexlan]

The Court does not have an unlimited amount of time. Your atty is not functional in this instance and the notion that we don't want to pressure the Judge is BS. Additionally, I doubt that the Judge is being influenced by outside forces.

I would submit a Motion to the Court requesting the matter be handled within the next 30 days or referred to another Judge. If your atty is not willing, I would dismiss him/her and find a new one.

You (not you atty) can also send a letter to the Chief Justice for the Court this judge is in and outline the delay and ask for an explaination. It is unusual for the Court to keep an item on their docket more than 6-9 months maximum and something is not right about this.

To me this seems simple. If you are a WV resident, domiciled there and were employed there by this employer then that is where the jurisdiction lies. Being on a temp job in another state does not apply. However, if these are not the actual facts then you need to explain. Additionally, letting it go for almost 2 years was not smart for any reason.

 

[miken79]

Thank you for your response and your information. As for your last comment. The suit was filed over a period of time based on a turn of events which I have not gone over the facts about. None the less, that information is irrelevant to my post. Thank you.

 

[Quaere]

If you have your story straight, something is seriously wrong. Malpractice kind of wrong.