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Can I withdraw from a request for an expedited Workman's Comp hearing without liability? Colorado.

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mearellano

New member
Colorado. I initiated a request for expedited hearing, self representation, and have been sent multiple legal documents by the Respondent's (Adjustor's) Attorney and feel it could be better to withdraw. Is there any liability for me if I withdraw my request for the hearing prior to the hearing?

Background: I injured my arm, repetitive stress, at work. I am having pain when rotating my right (mouse) arm backward when I raise it above my head and rotate it behind the plane of my body. Based on the success of the 2 PT treatments I received, prior to my claim being denied by Gallagher Basset, the adjuster, I believe the issue could be resolved by 10 additional PT appointments. Although I was told by the adjuster I would loose a hearing, because I did not meet all the WC repetitive stress criteria, I chose to file for expedited hearing.
1) I requested an expedited hearing 12/3. Result: A status conference is scheduled for 1/15 and the hearing is 1/17.
2) 12/17 I sent an email to Gallagher Basset asking them if they wanted to make a good faith effort to resolve issues set for hearing, as requested in the Case Information Sheet I will file.

This immediately led to paperwork from their legal team including:
· Response to application for hearing. It includes areas they would like to consider and a list of 12 witnesses they plan on calling to the hearing.
· Motion to engage in discovery
· Order re: motion to engage in discovery
· Court certificate of service
· Respondents presumed opposed motion for late filing of response to application for hearing
· Entry of appearance

Next step: We currently have a pre-hearing January 2 to discuss respondents oral motion to engage in discovery and respondents motion for extension of time to commence hearing and motion to compel releases pursuant to rule 5-4. Yesterday I was notified that the attorney for the respondent will appear at the pre-hearing in person.

Originally, I just wanted to stick up for myself and learn about how the legal system works. Things have escalated beyond what I feel is an appropriate response. I am only seeking treatment for an injury I know was caused by work.
 

adjusterjack

Senior Member
Originally, I just wanted to stick up for myself and learn about how the legal system works. Things have escalated beyond what I feel is an appropriate response. I am only seeking treatment for an injury I know was caused by work.
Now you've learned that litigation is easy---until it isn't. Going up against a lawyer without one of your own is like taking a rubber knife to a gunfight. You're the one who ends up on the ground bleeding.

If you withdraw your request now, they have you on the run and you get nothing.

I suggest you consult a worker's comp attorney right now and see if your claim can be salvaged. An attorney will know how to get the hearing postponed and still reserve your rights.
 

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