Legal Question in Workers Comp in California

workers' comp

I have a Workers' comp case and I don't think my attorney is doing enough for me. He will not tell me what he thinks my case is worth or answer any of my questions. My doctor and the Insurance carriers doctor both agree that my injury to my dominant arm is perminant and was caused by an industrial accident. The carrier has paid my doctor and has offered to pay for revocation but will not pay me any compensation so I had to recieve SDI. We have been to the Workers Comp Appeals Board 3 times with no results. My next date is in October for a Mandatory Settlement Conference. The SDI has put a lien to be reinbursed upon settlement. I have used up the allowed funds and for the last 4 months I have not recieved any money. Isn't the Isurance Carrier responsible to pay me bennefits? My attorney has done nothing in my interest to take care of me and now I am having finacial hardships. Is it wrong for me at settlement to ask for an additinal $17500 to pay back SDI plus an addition $8000 in bennefits for the past 4 months? Also, why is my Attorney entitled to a percentage of my SDI? If my case is not settled in October is there any way that I can get my Attorney to release me so I can find a more compedent Attorney?


Asked on 8/25/05, 3:46 pm

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

Re: workers' comp

so many questions, so little time. Not having full knowledge of your case it is probably best for you to speak with the information and assistance office.

1) you can ask for an additional $17,500 but it is unlikely the court will grant same.

2) your attorney is not entitled to a percentage of your SDI, only TTD if it is awarded. In such case the insurance carrier will be required to pay back the state for your SDI. If there is an overpayment the state will also be reimbursed from your settlement.

3) you can dismiss your attorney at any time, and appoint yourself to represent yourself. However, your attorney will still ask for and most likely receive a fee.

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Answered on 9/06/05, 8:30 pm


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