Legal Question in Workers Comp in California
Closed worker's comp case
I had a car accident before the final settlement of my workers comp case, but the car accident attorney waited until the finalization of the workers comp case in order to proceed with the car accident claim so as not to hinder my workers comp case. I rec'd a final settlement notice with lifetime medical so my car accident attorney filed to docs for that case, but somehow the insurance carrier for the workers comp case found out and now a trial is scheduled. My injuries in the car accident are not the w/c case injuries, so why are they meddling in my car accident case? Is this legal? What can I do? By the way, my w/c attorney did very little for me even though I have a herniated disc and my right knee requires surgery. I was rated at a mere 6% and only got enough to cover the temp disabl payments I had already received.
1 Answer from Attorneys
Re: Closed worker's comp case
I still do not have a clear picture of what went on. You need to consult another W.C. attorney to see why your rating was so low and if anything can be done about it. If you actually made a compromise and release as opposed to a stipulation, then probaly nothing can be done. On the face of it, you should have received a much higher rating.
As to the automoblie accident, the WC carrier can not get involved if it appears that some of the money it spent on your case was really from the accident and not the on the job injury. If it is clear that there is no overlap and they have formally become involved, your attorney might not be able to do anything about it. Off hand I can not think of a motion that would apply.
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