Legal Question in Legal Malpractice in California

The employer has a right to collect from you any double recovery you make. It is not really fair that you get paid twice the same benefit. If you do all or most of the work to get the third party recovery, the common fund doctrine allows you to get the carrier to pay a reasonable portion of your attorney fees [normally they have to pay about 1/3rd of their recovery, part of which your attorney will let you keep directly or by reducing the fees he charges you].

I do not think a court would dismiss a case merely because of one missed court appearance. The big problem you have is that you must prove the amount you would have recovered if your attorney had not committed malpractice. Since it was an intentional act, there is no insurance coverage. Does the thug have any assets?

A 'lien' right is created by either a properly recorded court judgment in your favor, or through contractual or statutory right. Neither seems to apply in your situation. I suggest you question your new attorney if it isn't possible to file some motion to reverse the dismissal. You may have as much as 6 months to do so.