Legal Question in Workers Comp in California
Is it legal for the defense attorney to file application of adjudication on behalf of applicant without consent ?
Asked on 9/11/16, 10:57 am
1 Answer from Attorneys
Nancy Wallace
Nancy Wallace Atty at Law
Yes, the employer and the defense attorney are entitled to file an Application with the WCAB. IF filing that application required you to rush out and hire an attorney, then this attorney should demand that her fees be paid by the Defendant because the defense filing this application triggered the need for counsel. If the defendant an show it needed to file the application to obtain records or discovery -- and you were not releasing the records and you were not attending your deposition -- the WCAB Judge won't order the defense to pay the attorney fee.
Answered on 10/05/16, 1:25 pm