Legal Question in Workers Comp in California

I doubt the attorney owes you any wages.

The Labor Code specifies only the MPN Treating PHysician's report and the QME report are admissible.

"state denied stating they needed the report" sounds as though Temporary Disability payments were denied by the comp carrier because no MPN Physician wrote that you were Totally Temporarily Disabled ( TTD ). No insurance carrier would pay a dime on a non-MPN physician's findings or report.

IF YOU are talking about the State of California Employment Development Dept for State Disability Insurance, SDI doesn't use 'reports' . they use the physician's declaration on their own form.

The time to 'appeal' a temporary disability issue never lapses before the WCAB unless there was a full Trial and a Findings and Award (which you do not note).

In workers comp, you can raise the issues of back TTD and penalties up through the Mandatory Settlement Conference...even on the date of trial the wCAB Judge asks :are there any other issues and the attorney can say "retro TTd" and the claim is raised again.

So, unless and until there is a physician WITHIN THE MPN writing that you are Temporarily Totally Disabled as result of the industrial injury, you're not quite ready to proceed in front of the WCAB with your expedited hearing for TTD payments (nobody gets wages, it's only 2/3 of your average weekly earnings, which we dub TTD).