Legal Question in Workers Comp in California
Statute of limitations
Doi: 11-14-04
what, if any, is the statute of limitations on closing a case? The great attorney i had retired and gave all of her clients to one that doesnt return calls/write letters or anything. It doesnt make sense to fire them and seek new counsel (i guess). I dont call and pester...But just cant get any info them at all. Last i heard which was about 6 months ago is they were close to settling the case. Thank you
1 Answer from Attorneys
Re: Statute of limitations
Technically there is no statue regarding closing a case. However Labor Code section 5410 prevents the addition of new body parts or TTD after five years from the date of injury. You can always request a list of attorneys from the WCAB and ask if a new attorney will take your case. The total payout for attorney fees will not change, only the distrubution of fees among attorney. At this point even if you dismiss your attorney and represent yourself, you will probably still have to pay attorney fees to the second attorney, unless the court holds otherwise based upon your presentation.
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