Legal Question in Workers Comp in California

If I can not make it to a mandatory settlement hearing because of a conflict with the date can I reschedule through my attorney? I am asking because my attorey seemed upset when I asked to reschedule, and said that the hearing could only be rescheduled if the judge,the other attorney, or himself had a conflict with the date, but if I could not make it was not a reason to change the date. He said that instead he would go without me. I explained that that was not OK and that I wanted to be there. He told me that didn't matter and to be available by phone so he could call me. I still protested, bit he did not seem to care. This morning he calls me from the hearing and says were going to trial and asked me to pick a date that would work. I explained we are not ready to go to trial and that I never agreed to that. Once a trial is set no more evidence can be presented and that was not OK. He then called back and left a voicemail saying he agreed to go to trial and HE picked a date for me. Is this legal? Why couldn't he change the last attorney past away. I have a feeling he is just thing to get me to hurry up and settle first date for me? I've never asked for a new date for anything. Can he go to a hearing without me if I have asked for a change of date and expressed that I wanted to be present for all hearings? Please help me this attorney is new, my


Asked on 10/16/12, 10:57 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

I have clients attend "teleponically" all the time.

I've had conferences re-scheduled when the worker was unavailable, the judge can consent to that.

You could have (1) dismissed the present attorney and (2) hired new counsel when this attorney refused to reschedule, but you did not.

Therefore, YES IT IS LEGAL FOR YOUR PRESENT COUNSEL TO SCHEDULE THE MATTER FOR TRIAL.

You can still dismiss this attorney and attempt to secure a new attorney, but most attorneys will be hesitant to consider you given the matter is set for trial and another attorney wrote down the evidence... if there are any problems with the evidence, it's too late to fix it now.

I'VE TAKE ON CLAIMS SET FOR TRIAL, so there is that possibility... go out and see if there's a Certified Specialist in the community up there who can dismiss this other guy and take over your claim.

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Answered on 10/17/12, 11:50 am


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