Legal Question in Workers Comp in California

Is it time to hire a different lawyer?

My WCI happened in 2003. Surgery unsuccessful due to insurance not paying for physical therapy. I hired a lawyer in 2005 when insurance wanted to settle w/out fixing me. Now my attorney has only met with me a total of 4 times, 2x in mandatory settlement court hearings. This last one he told me he is putting my case on hold to watch what happens with other cases that have an injury prior to new law but declared P & S after 2005. I feel I have been patient and cooperative but this is ridiculous. I just want this behind me. He claims if I settle now it will most definitely fall under new law and I will only get 6k based on my % of Disability. He claims I am entitled to 100k +. Is this right? Do I have a chance or am I just delaying the inevitable? Even 6k will pay for PT hopefully but I was promised before I hired the lawyer by the insurance, 15k. Guess that's off the table? Is it time to hire another lawyer?


Asked on 6/13/07, 4:28 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Is it time to hire a different lawyer?

without review of the entire file, it is difficult to make a decision regarding representation. I am confused as to why you cannot get more physician therapy. With a date of injury in 2003 you are not bound by the 24 visit cap. Thus, some other factors must be involved.

At this point you should request a copy of the medical file, especially any QME or AME reports and find out why PT is not being authorized.

There is probablly no reason to settle given the Supreme Court's review of PD. However, all the appellate cases are supporting the new rating schedule in cases like yours.

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Answered on 6/21/07, 3:59 pm


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