Kentucky Recent Legal Answers from Lawyers

You have the absolute right to see a doctor.  If your employer is blocking your claim, then you can contact the OMBUDSMAN at the Department of Workers' Claims to confirm that your employer does have WC insurance. If there is no WC insurance, then you can file a coverage complaint against your employer. Do not let your employer stop you from seeking medical attention.... Read More

From what you describe, you would likely have to file suit in Missouri, especially if the company does not have any Kentucky based facilities. You may be able to file an administrative complaint with the Missouri Department of Labor -- Missouri Wage Complaint Process. You may also wish to consult with a lawyer in Missouri -- Possible Lawyer Contact.  There are many lawyer listed on line and if this firm cannot help, perhaps they could make a refferral.... Read More

First of all, your heath insurance is required to pay the bills.  Your health isnurance would then be entitled to be reimbursed from any settlement you might get.  Talk to a supervisor and tell them that you are going to file a complaint with the insurance commission -- http://insurance.ky.gov/static_info.aspx?static_id=1. Note too that your health insurer cannot require you to pursue a claim aganst your landlord as a condition of paying the bills. You should immediately obtain representation.  Your landlord may well stonewall you if you are not represented. You need to take a lot -- and I mean a whole lot -- of pictured of the hole from all angles.  Put a yardstick across the hole to verify the size and depth. If you have not done so alrady, make a detailed log of ALL contacts of all types that you had with the landlord regarding the hole. Make sure to save all medial bills you receive -- start a folder or shoe box where you keep everything, including a copy of your written lease. I am certain your lawyer will have additional instructions, but this is a good start.  ... Read More

This situation will likely not impact her ability to immigrate through a fiancé visa petition. There are several options for her son to pursue residence each with its own positives and negatives. I would encourage you to consult an attorney to develop a strategy for handling both matters. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read More

After an application for naturalization is filed, the applicant will be scheduled for a biometrics appointment. USCIS will conduct background checks on the applicant and send the case to the local field office for an interview. During the interview, the applicant will be administered the English and civics test as well as questions related to eligibility. If all goes well, the application will be approved and the applicant will be scheduled for an oath ceremony.  The residence requirements are different for spouses of United States citizen, because the law provides a quicker path to naturalization as an additional benefit of being married to a U.S. citizen.  You can read more about naturalization at http://myattorneyusa.com/how-to-get-naturalized-in-the-united-states.... Read More

You need to speak with your own insurance agent to see what is provided for in your own policy, subject to whatever deductibles you may have. You can go ahead and get your car repaired and pay for a rental.  You can then sue the other driver for reimbursement for whatever is not paid by your own insurance.  You should coordinate any litigation with your own insurance company.... Read More

Generally, once the case is over the trustee is deemed to have 'abandoned' any property left to the debtor. There are a few trustees who take a hard line on income tax refunds, and demand a pro rata share of the refund. (That is, if you filed say, on day 200 of the year 2015, the trustee might demand 200/365 of the refund.) Again, not all trustees follow that policy. Check with your bankruptcy lawyer as to the practice in your district. Good Luck.... Read More

You have a workers' compensation claim to address medical bills and lost wages.  Make sure that you file an accident report within 30 days of the incident and promptly seek appropriate medical care. Under KY law, a co-employee and your employe are immune from being sued for negligent or reckless actions causing injury to a fellow employee.  You can pursue an intentional tort lawsuit if you can proved that the co-employee acted with premeditation to purposefully cause you to be injured.... Read More

You are not required to provide an authorization to them. Ask them which records they are missing and either sign the authorization or, preferably, get them yourself. If you are receiving ongoing medical care then you should not settle with them until you reach Maximum Medical Improvement. You should be aware that the value of your claim can be increased substantially simply by having an attorney represent you.... Read More

You would need to sue him in small claims court -- a division of your county district court.  You would have to present some type of expert witness testimony as to how the job was done wrong.  See if the guy has a competitor who might be willing to assist or talk to the mechanic who diagnosed the problem.  The "expert" will have to appear live to testify.... Read More

It is not clear what you are asking. Your I-94 controls your authorized stay in the United States. You must file to extend the status whenever you wish to remain longer in the United States. Failure to do so would mean you alerts out of status for any time you remained in the country beyond the I-94 expiration date.... Read More

The easy answer is "yes." However, once you sue the lawyer, the lawyer will have good cause to withdraw from your husband's case.  Your husband will likely need to get a new attorney and the 3-9-2016 trial date will likely go away.  Depending on the court's schedule, a new trial might not be scheduled for 60 days or longer. Also, depending on the judge, the lawyer's motion to withdraw could be denied. I am not saying that you should not raise these issues with the lawyer and demand answers.  Your husband is entitled to competent defense. I recommend demanding a meeting with the lawyer and your husband and ask for documentary proof rom the lawyer as to what has been and not been happening.  Once you have answers, then you can decide how to proceed.... Read More

Permanent restrictions are a factor to establish a whole person permanent partial impairment rate.  The rate -- along with some other factors -- then translates into a financial award for permanent disability.  In KY, these calculations are set by statute. Your employer likely does not have to create a job or provide light duty to accommodate your restrictions.  While you may have some protection under the Americans With Disabilities Act, such claims are difficult and take a long time to pursue. The KY WC system is designed and administered to encourage settlement of claims. You are likely stuck seeking work within your restrictions and moving to resolve your claim. ... Read More

If you are still within the 60 day appeal window, then you can submit an appeal to the Appeals Council.  There are appeal instructions in your denial letter from te judge.  An appeal is a longshot and takes 10-12 months or so. You can, instead, file a new application alleging a disability onset date AFTER the date of the Judge's decision, meaning that you lose all of the back pay from the prior application. Per rule, you cannot simultaneously appeal and file a new application.  You have to make a choice.  ... Read More