Legal Question in Workers Comp in California
Injured in pain mangement
My att. Filed a second w.C. Case and the a.M.E. Said is was 100% work realated. And because i was to afraid to have more surgery right now he my att. Wrapped into my 100% dis. With futher med. Settlement. So if my knee injury while in pain management has its own w.C. # should it be treated as a separate case? When i ask him, he shuts me down . By saying do you want surgery yes or no. Cause he knew that i was scared from my last surgery ,i said yes, but not rite now, he added it to my other wc case. Any way can one be setteled with out they other and is their to different voc reh. With each w.C. # an if he not being truthful can i get another att. If he is giving me wrong advise and where can i complain?
1 Answer from Attorneys
Re: Injured in pain mangement
You can always fire your attorney. When you are being represented on the basis of the attorney getting a percentage of your recovery, once the case settles your new and old attorney will get together to try to resolve how the fee will be split up [the total fee will be the same as if you had had only one attorney]. If you are paying an hourly fee, which is banned for WC cases, you would have t pay for the number of hours your first attorney worked on the case and then the number of hours put in by your second attorney. If your abaove question is similar to how you discuss matters with yuour attorney, I can see why you would have problems. I csan not udnerstand what is going on. Was there a new injury during your treament; a new incident is considered a new WC case and have to be filed on [getting a new WC number]. If the treatment merely agfravated the udnerlying problem [which one it is can be very difficult to say sometimes and normally is determined by a Dr.'s opinion], then it is part of the same case for which you are getting treatment. Cases are separate and can be settled separately; you need to have what you are giving up carefully explained to you. There may be a legal adviser at the office you went to. If you are 100% permanently disabled, technically yo should not be able to getting any more PD but a clever attorney might be able to still get additional PD benefits. You could go to another WC attorney and ask him t look at your file and give his opinion whether your current attorney should still be used by you. But first write down in clear, complete , short sentences what questions you want answered.