Legal Question in Workers Comp in California

If I was never given complete copy of AME report only 1 page summary report and attorney convinced me to sign C & R without me knowing what the report contained and Hand written changes made on C & R after I had signed it that I was not aware of because attorney had me stay out of room when they were discussing settlement saying for my protection from harassing lien claimant. What can be done? I had filed a dispute with the administrator and was told it was it was to be up to the WCJ to determine the PD Rating because of different amounts from QME Doctor, DEU Rater, Adjuster entered wrong amount on voucher. Insurance Carrier and administrator delayed response to where time is threatening to expire on voucher. I have proof of requests and delays. Recently given complete QME report and found several disputes had I known about would have never agreed to C & R. Can I reopen my case? IC is trying to pay lower voucher amount of $6000 when rating by Doctor falls under $8000 based on date of injury 11/2/2010. Should I contact a different attorney since I feel mine did not provide all information and wanted to push settlement and case to be over? Feel my interests were not represented and deceived with incomplete info.


Asked on 7/18/17, 12:06 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

You can petition to Set Aside Order Approving C&R for Mistake,which can also be a Petition for Reconsideration... but then you must return every cent of the C&R payment. You would have to do more than say you followed advice of the attorney urging settlement. You would have to be precise that you accept the settlement offer based on a specific piece of information provided by the attorney that turned out to be untrue, making your decision based upon a falsehood. Then you would return all payments on the C&R to the insurer. You could have informed the attorney you must wait to sign any agreement until you were provided the complete QME report and the complete AME report and given an opportunity to review each. You failed to do this. You could file a DOR for a Status Conference on the voucher amount; you may require an actual hearing and a judge's decision to determine whether the correct amount on the voucher is $6000 or $8000.

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Answered on 7/21/17, 9:53 pm


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