Legal Question in Workers Comp in California

My husband has been fighting a workmans comp case for a back injury going on five yrs. He has not had any medical treatment other than evaluations and consultantions in the last 2 1/2 yrs. The workmans comp insurance company is moving slow and his lawyer is not much help either. Lately his pain has been getting increasing worst...what needs to be done at this point.


Asked on 9/19/11, 12:58 pm

2 Answers from Attorneys

Alison Gude, Attorney Law Office of Alison J. Gude

Your question is difficult to answer because I do not know whether the claim has been accepted, how the injury occurred, and whether you husband is currently working. Your complaints about the workers' compensation insurance company is a common one. I suggest that you and your husband make an office appointment to speak with the attorney. Write down questions beforehand. Switching attorneys 5 years in is possible, but may be difficult as any subsequent attorney must generally share the fees with prior attorneys. If you decide to change attorneys, you can locate one in your area by going to the California Applicants' Attorneys Assoc. at www.caaa.org. Good luck.

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Answered on 9/19/11, 3:33 pm
Anthony Telleria Telleria,Telleria,& Levy, LLP

It is unfortunate that your attorney isn't able to help you through this nevertheless I will answer to the best of my abilities given the limited information. If your husband hasn't treated for 2 1/2 years it sounds like he is ready to be P and S'd in other words the doctor's have reached a point where they feel medically he is the best that they are going to get him as far as treatment. If his pain is increasing it can be due to the medication, lack of treatment, etc. We can discuss this in more detail if you like. Please contact my office at (626) 585-0017 for a free consultation.

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Answered on 9/20/11, 9:34 am


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