Legal Question in Workers Comp in California
i have a wkman comp atty who never cc me on anything he has done and my primary is a chiropractor who cant write scripts for meds..the med dr stopped seeing me stating he isnt be paid by wkman comp ..when i try to get my atty to follow thru he tells me im driving him nuts ..i have 8 discs out in my neck/back..torn ligaments in knee and ankle fractured ankle and nerve damage/impingements in 4limbs lymph edema in 3limbs also constant pain ..my atty got an ok by wkman comp atty to send me to an ortho and neuro dr last november..he is trying to close the case this wk but i have a pysch appt and a voc rehab specialist appt post my court date and the ortho is trying to call me this monday to get me in..my court date is nov 8th..i dont understand how he can close the case prior to me seeing the ortho and neuro dr and voc rehab and pysch drs..my mri and electromyograms confirm the injuries...but i feel i have not had the medical care i need..can i refuse to close the case and change my atty and if i do..do i owe this atty any money???
1 Answer from Attorneys
You can hire a new attorney... you file a "Dismissal of Attorney" and then a Substitution of ATtorney for the new lawyer.
Yes, the new lawyer must 'split' the fee with the old lawyer (yes, even if the old lawyer is The AntiChrist). The old lawyer will file a lien with a list of all the time spent on your case; there is no requirement you must receive copies of each communication for this old lawyer to be paid.
You are NEVER forced to close the claim. You never have to sign anything. You can let the judge decide if you must.
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