Legal Question in Workers Comp in California

Re: When to Consult Work Comp Atty

You should probably get an attorney now. Since WC attorneys are paid a flat percentage, the amount of work they do has little effect on how much they charge. When I handled the defense of cases, I used to assume that any surgery meant at least 10% PD before adjustments. Since painters have to stand up all day long,a knee injury is worse for you than a white collar worker and definitely should be worth more than 11% PD. If you are permanent and stationary now, the WC carrier is supposed to automatically start advancing PD to a reasonable level or they are subject to a penalty for delay of benefits.

Re: When to Consult Work Comp Atty

The advantage of being represented is an AME can be agreed upon. However, the advantage of being un-represented is that you can select from a list of three physicians. Unfortunately, the list is completely random, thus you may not know all the physicians and you may find some unacceptable.

My suggestion is to request a panel. Look over the list of doctors on the panel and if you do not find a physician you like, then get an attorney and you can then begin the AME process.

Re: When to Consult Work Comp Atty

I recommed that You hire an experienced worker's compensation attorney now and let him handle your case. From what you are describing, 11% disability is too low and your claim may be incomplete as far as inclusion of all the body parts, You need to correctly amend your application to include all the injured body parts including your knee and then select an impartial AME to examine you and review all the medical records and give you a fair evaluation. Feel free to call us at 213.388.7070 for a free consultation.