Legal Question in Workers Comp in California

I settled my WC case 01/09 via a C&R, and had represented myself for nearly 3 years before finally securing legal representation. I had to request NINE hearings due to their negligence, non-compliance & treatment issues. Once I was able to find an attorney, I was shocked to learn that he had advised a doctor I had consulted with that he was obligated to report me as "exhibiting fraudulent behavior," before even asking me about the circumstances the doctor had concerns over. He also negotiated my settlement without consulting me!! I had to dismiss him, and found another...both of these attorneys had recommended that I apply for SSI & SDI as soon as possible, as it would take approximately 3-4 months to process before I would see any money. My BIGGEST issue is that both of these attorneys split a 10% fee - the first only represented me for two months, and the second for four months - and I worked endlessly for nearly 2 1/2 years to get what I had fought so hard for, giving them $12,000 of my money, and did NOT receive the services I believe I deserved. Both had said "they would not make any money by reviewing the documentation I had supporting all of the issues of non-compliance, which would have brought a very large amount in penalties and sanctions. Now I find out that after applying for SDI, approximately 95% of all apps are declined, forcing us into an appeals process that anywhere from 3-5 years before seeing any money!! Had this very important information been disclosed to me prior to my settling, I would have been prepared. Now I am facing homeless for a THIRD TIME since I was injured in 2006, as the money from my settlement is gone and I have been evicted. My C&R settlement clearly states that the money was to be used for all future medical treatment, but since that money was in the bank when I applied for SSI, I was denied that as well. They only took ONE DAY to decline my app, but now need at least three months to process my Request for Reconsideration!! I contacted my last attorney to request a referral to a Soc Sec attorney, and she informed me that she just happened to be a Soc Sec attorney as well...IRONIC!! Did she mislead me so that she assured herself more of my money after I discovered that I was going to be denied benefits? This seems like a HUGE conflict of interest, and I'm just about to snap when I think about how little each of them did for me, but took such a huge percentage of my settlement.

Have I given up all of my rights to object to the amount that was awarded to them? Can I file a complaint regarding the ommission of information regarding Social Security benefits, and the fact that my attorney waited until I was desperate once again, so that I would feel compelled to hire her to deal with this new mess?

It took no less than 2 years and 8 months to be diagnosed with a herniated disc at C5-6, which is pressing on my spinal column...the damage is so severe from lack of treatment that I am no longer a candidate for any intervention, other than physical therapy. Had I been able to secure representation earlier (and I contacted EVERY ATTY on the WCAB's referral list, to be told by every one of them to "come back after you've been declared P&S!" My response was always that I needed them now so that I would NOT EVER be declared P&S, as I needed to be able to provide myself with an income!! (I've worked & paid taxes to this state since I was 15 years old, and I'm nearly 50 now...unfortunately, since I have no children, I do not qualify for most financial aide programs in this area...and I am now going to be forced to live in my car with my 15 year old dog, who is 90 pounds...we have a PT Cruiser, so this is going to be quite a winter.)

PLEASE help me!!


Asked on 8/28/09, 2:50 am

1 Answer from Attorneys



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