Legal Question in Workers Comp in California
I have been on Workers Comp for almost a year and a half now, due to bilateral carpels tunnel, compressed disk in lower back and neck. I have been working this whole time minus the past few weeks because I finally had surgery. I have retained an attorney who I am not sure really cares about my case. The AMA said I needed a new desk and other ergo friendly office equipment, but even to this day I still do not have these items. I am just wondering how I am to go back to work when I am being placed in the same situation as what casued me to have surgery in the first place. I am an Admin Assistant so I am on the computer constantly. I gave my attorney the order request for the desk months ago, but there has been no action taken. When I send them emails I rarely hear back from them, They never send me documents that they say they are sending. Is it time to start looking for another attorney? And should I insist that I do not return to work until I have the proper desk?
2 Answers from Attorneys
If the AME's report states that you are released to return to work if certain work environment changes have been made, then you have not been released to work until those changes exist. Contact the WC carrier and tell them the physician required changes have not occured so you are not yet release to RTW.
Since applicant's attorneys are not paid much per case, compared to attorney fees in other types of cases, they have to have a high volume of cases and little client contact. Your present attorney sounds as though they have gone well beyond those types of limits; write them a note as to what you have asked for and have not gotten, why should you not substitute in a different attorney to represent you?
If you already have an attorney, you should not be asking questions on LawGuru.
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