Legal Question in Workers Comp in California

My husband will be going on his 3rd surgery for shoulder repair. He developed an infection and the next surgery will be an antibiotic bag in place of his ball and socket and then a full replacement. He has been approved for this for 90 days. And he's still sitting around waiting to get scheduled. Our WC attorney just gets aggrivated when he calls. When is it too late to find another attorney who will actually help us move this along? He talks to his secretary more than anyone and she's rude. Today he went into the office and the attorney actually showed his face and told him he's working on a big case and he needs to call before he goes in there. We've had it. Can we switch? His arm will never recover according to the surgeon, (and this is the company chosen surgeon), however the replacement is necessary so he can at least (maybe) get 40 degrees of lift from his arm. help! Is it normal to wait 90 days and more? He was injured in 11/07 and we're in our 3rd year. Thank you for your time.


Asked on 1/12/10, 1:57 pm

3 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

I might be able to assist you. Please call 1.877.505.INJURY. I will be in a deposition tomorrow morning, but I'll be in the office in the afternoon.

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Answered on 1/17/10, 2:12 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

You have not provided proof that you have the authority to speak for your husband, thus you may be in violation of the labor code for speaking to an attorney on someone else's behalf. Hopefully your husband has knowledge that you have placed his particulars on the internet. At this point it appears that changing attorneys may be a good option. Consult the WCAB where the case is filed to obtain a list of practicing attorneys in your area, then see if someone will accept the case. Given that you have an attorney and he will be entitled to at least half the fee, you may have trouble finding another attorney.

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Answered on 1/17/10, 5:43 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 1/17/10, 9:30 pm


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