Legal Question in Workers Comp in California

My WC injury claim has been disputed and denied for two years now. My WC attorney has dropped the ball on a very strong case on several separate occasions. Im told I have a strong case then he drops the ball repeatedly by not being prepared. The other side has disputed and denied my claim and my attorney is either incompetent or indifferent to fight for my rights and benefits even with the very strong supporting evidence. I no longer want to waste time and healing time by pursuing this with him because I no longer trust him or any other WC attorney in my area and I have determined that for my peace of mind and health, it is best to pursue a civil suit with a competent discrimination attorney. (I also a FEHA Right to Sue letter and with a very strong discrimination and wrongful termination retaliation w/ additional legal merits and have decided to use this venue instead.)

I pose my question to a CA workers comp attorney since I have already decided what is best for me.

How do I close my case? What language would I use to say, enough this just isn't worth the harm it is causing me? How long might this process take? I want to forget and move forward from the ugliness of WC. Thank you for your answer.


Asked on 2/18/11, 8:43 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I think you do not understand the relationship between a WC and non-WC claim. If certain "damages" are covered by WC you can not collect them through a different legal process. So if you missed time from work because of an industrial injury, you should not be able to get compensation for that missed time through a discrimination suit. So if you give up your WC claim [all you need do is tell your attorney they are fired because they failed to do --state facts of failure--and you wish to drop the case, write the WCAB you are withdrawing the Application, copy to the WC carrier], you will lose money. Better to offer to settle with the WC carrier. Thee mus tbe some WC attorney in the area that you can trust, unless the problem is your attitide and not the ability of the attorney.

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Answered on 2/19/11, 10:57 am


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