Legal Question in Workers Comp in Massachusetts

Statute of Limitations---what can I do?

Injured 10/01 at work. Immediately denied worker's comp by employer. Hired attorney. He didn't do anything for five months, found a second attorney, fired the first. Serious injury to neck/back lifting patient--previous neck fusion in 1998, also work related and settled.

Second attorney did nothing regarding case,meantime,I moved from Massachusetts to Hawaii.Have doctor's letters attesting my inability to travel to MA because neck injury.have since been approved for social security disability.Hearing was set up for two months after I moved to Hawaii.wrote/called attorney explaining that I could not travel.He insisted that he could do nothing unless I was present at hearing.Instead of cancelling hearing,attorney attended hearing,misrepresenting that I was ''in the building''.attempting to force settlement ''at the door''.Defense called bluff,attorney said I had ''left'' without telling anyone.

What do I do now? What is the statute of limitations to get this thing resolved? I have been in contact with a Boston attorney who had (up until a couple of months ago) claimed he'd help, but no longer returns any calls.

HELP!!!! I could possibly return to Boston for a hearing, if special arrangements were made.


Asked on 6/12/03, 2:46 am

2 Answers from Attorneys
T.J. Lane Law Offices of T.J. Lane

Re: Statute of Limitations---what can I do?

If you sustained a work injury in Massachusetts, Hawaii's worker's compensation law will not apply even though you currently reside in Hawaii. TJ Lane

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Answered on 6/12/03, 3:12 am
Channng Migner Cline & Migner, P.C.

Re: Statute of Limitations---what can I do?

The Statute of Limitations is not at issue since your claim has been filed. What was the disposition of the hearing when your attorney was last present? You do have to be present to have a hearing. It would be unethical for your lawyer to represent that you were present when you were not. He/she should have asked the judge for a continuance. E mail me separately if you would like to discuss anything further.

I hope this helps. Good Luck!

Channing Migner

Cline & Migner, P.C.

44 Front Street, Suite 290

Worcester, Massachusetts 01608-1712

Telephone: 508-792-6060

Toll Free: 800-332-0116

Facsimile: 508-797-1177

Email: [email protected]

www.worcesterlaw.com

or

Marlborough Office:

The Victoria Building

277 Main Street

Marlborough, Massachusetts 01752

Telephone: 508-480-0818

Facsimile: 508-624-7019

This information is not, nor is it intended to be, legal advice.

You should consult an attorney for individual advice regarding your own situation.

This is not intended to establish an attorney/client realtionship.

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Answered on 6/12/03, 7:09 am


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