Legal Question in Workers Comp in California
Attorney's obligation to client
I have been represented by a firm since mid way through workers comp case to present. In the begining all seemed well and they were very helpful. When I became P&S, the lead attorney handed my case off to someone else in their firm during the settlement phase. This is where the problem began. After speaking with this person and agreeing on a one time settlement (C&R), I learned it was settled with future medical and bi-weekly payments over time. This is not what was represented to me and therefore after waiting over seven months from the time I was released as P&S, I decided to call the lead attorney to ask when I could expect my case to settle (C&R). He then proceeded to tell me my case was already settled but not as a (C&R). I told him all I wanted was a (C&R) settlement and that my settlement was filed/represented improperly. He told me that because I elected to settle as (C&R) he would be able to get more money and he would begin working on it immediately. Three months have passed and I have requested an update via mail, email, fax as well as left many voice mails/messages. To date not one response to my questions or case update. Is this common? What are my rights? Can I replace them with new legal representation?
1 Answer from Attorneys
Re: Attorney's obligation to client
First, you probably will not get another attorney to represent you becasue your attorney has already been paid if your case has truely settled. Look for a clause on the Stipulations and Award, settlement document, awarding a lump sum commuted from the far end of the award. So what attorney is going to take your case and not get paid? Second, did you sign anything? You have to approve settlement, so I am somewhat confused about how your case could settle without your approval.
Your case can still be settled by a C&R. The insurance compay will simply pay you a lump sum of the remaining PD, plus something extra to account for future medical expenses.
In the event that you were misunderstood about settlement, you can always ask the court to set aside the Stipulations under Labor Code 5803.
You should know, however, if the insurance carrier does not want to settle by C&R, which is rare, then you really cannot force them to settle by C&R.
I believe your best option is to contact the information and assistance office.
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