Legal Question in Workers Comp in California
Power Press exception
Hello. I signed two contracts with my attorney a year ago. One for worker's compensation assistance after an accident at work which resulted in three fingers being amputated. The other contract was for my attorney to look into the accident to see whether power press or third party involvement would apply. In two weeks a year will have passed; I am scheduled for a November permanent and stationary medical evaluation and have not yet heard whether a power press or third party involvement is appropriate. My employer deactivated the safety device on the door to an orange juice extractor that was responsible for the loss of my three fingers. The purpose of the machine was to make orange juice by using a ram. The ram slid down and fit into a bottom die, trapping a single orange and separating the peel and forcing the juice through a hole. If the attorney does not agree that it is within his capacity to continue in a power press investigation, can you recommend an attorney with power press litigation experience?
3 Answers from Attorneys
Re: Power Press exception
Mr. Shers analysis is correct. I practice in the Los Angeles, Orange County and Ventura County areas.
Should you be local, please feel free to contact my office at 818.385.0520.
Re: Power Press exception
It should not have taken your attorney very long to figure out if it was a power press exemption or not. Call him and say you have to have a meeting within a week for him to finally do his job and reach an opinion. If he does not have the time to do so, tell him you what to change attorneys and do it before the PD rating on your hand. Also, ask him what the situation would be with his fees if he did successfully go against the manufacture of the machine and got a settlement of $100,000 and there was a WC lien of $30,000, which included $10,000 for PD. What woud his fee be [ask all the attorney this]. He may very well say it is 1/3 of $100,000 plus 10% of $10,000, or $34,000. What he is forgetting is that after the comp. carier takes its' lien of $30,000, you have only really recovered $70,000 plus $10,000, on which the fee should be $22,000.
I have not done WC for many years and do not know what City you are in, so can not give a recommendation, but it does seem you need a new attorney.
Re: Power Press exception
If you have difficulties finding a new attorney, call us at 213.388.7070 and we might be able to help you.
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