Legal Question in Workers Comp in California

I keep hearing you guys tell people to get an attorney, but I have had to go it alone since I had to fire the worthless yut that didn't do a damn thing. That was 7 years ago and I haven't been able to find a single WC atty that will even discuss the case. Is it good ole boys network or no nads? Oh and there's a 132a claim filed too.


Asked on 5/21/15, 8:40 pm

1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

NO, THERE IS NO GOOD OLE BOYS NETWORK...if there is a real industrial injury with real proof, attorneys will want the case in their office.

Try www.caaa.org The California Applicant's Attorney Association, and you'll want to get a Certified Specialist in Workers Compensation (they pass an extra bar exam just in workers Compensation laws and must take special classes to keep their certification current).

I AM QUESTIONING if you really 'fired' your attorney or just left a phone message or just wrote a little note, because if someone has had counsel 'Of Record' for 7 years nobody is going to want to dive into that. Most attorneys hate 132a petitions because they take 4 times the hours for 1/2 the money, and a 132a petition not tried for 7 years is not going to be successful (you must prove the employer's mind-set 7 years ago with solid proof, and memories are going to be too muddled for testimony now).

Since the next attorney you contact is going to have to split the fee with the first attorney, make your claim a little more attractive for a prospective attorney: know the specific date(s) of injury, know whether each date of injury is accepted or denied, know the treating physician, know the MMI Date of the Treating PHyhsician report, know the evidence in hand that would unequivocally convince a WCAB Judge 7 years after-the-fact that the employer's mindset in terminating or discriminating against you was to retaliate for a request for workers comp benefits.

And if you haven't filed the Notice of Dismissal of Attorney with the WCAB where the claim is filed, you should see that is done and have that filing date for the new attorney as well.

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Answered on 5/24/15, 6:31 pm


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