Legal Question in Workers Comp in California

I had a work related heart attack 4 years ago. 2 years after the heart attack the employer finally accepted the claim. An offer and compromise was issued 6 months later.After problems with the settlement it was finally signed a year ago. The offer was sent to cms and was accepted. It has been a year since it was signed and still there is no court date or settlement. Is there any penalty that can be applied to their untimeliness? Nothing has been paid out by the insurance company to me for any of my out of pocket expenses. I am now disabled and on SSDI. I can not get my attorney's office to return any of my calls and am unable to get any updates. What are my grounds to get this taken care of?


Asked on 4/18/11, 9:18 pm

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

Contact your attorney to find out what is happening and why he will not respond; there is no attorney's fee that is payable until the settlement is approved and paid. Point out to the attorney that you have the right to fire him at anytime and his right to a certain percentage of the fee is at risk because he will not do anything. The comp. carrier is subject to a 10% penalty of delays. There must be some reason for such a long delay. You may need to switch attorneys; the total attorney fees may not increase be getting a new attorney.

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Answered on 4/18/11, 11:14 pm


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