Legal Question in Workers Comp in Connecticut

Workmans Comp. Attorney

My attorney failed to notify me about a workmans comp/ commissioners hearing. And he failed to notify me that I could attend an independent doctors appointment for workmans comp. The commissioners feel that I failed to attend the hearing and I failed to attend my doctors appointment now I just received a certified letter that they would like to discontinue my benefits or reduce them. My attorney apologized after I contacted him today. I feel that he is incompetent and I am thinking about getting another attorney because he is blaming me for his incompetence. What should I do?

Thank you in advance.

P.S

Should I notify the law firm about what happened?


Asked on 2/06/08, 8:45 pm

2 Answers from Attorneys
James Aspell Law Office of James F. Aspell, PC

Re: Workmans Comp. Attorney

It sounds like the insurance company is filing a "Form 36" to cut off your benefits. I cant tell without seeing the paperwork whether or not that would have happened regardless of the missed IME. The missed comp hearing is no big deal so long as the lawyer went. The client doesnt really have to attend those on the informal level.

Whether or not you get a second opinion from another lawyer would be your call, but probably not a bad idea at this point for your own peace of mind.

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Answered on 2/06/08, 9:07 pm
John Serrano Serrano & Serrano, LLC - Connecticut Accident, Social Security & Divorce Lawyers

Re: Workmans Comp. Attorney

You should IMMEDIATELY call the workers compensation commission to request a hearing to try and keep the insurance company from cutting off your benefits. You only have 15 days after getting the Notice to request the hearing. If you do not request a hearing in 15 days, the commissioner automatically approves cutting off your benefits. Your attorney should have already requested a hearing but it does not hurt for you to call as well. The telephone number to call to request the hearing should be on the form you received. Here's a link to the form in case you don't have the notice: http://wcc.state.ct.us/download/acrobat/36.pdf. (Click it or cut and paste it into your browsers' address bar.)

You have the right to change attorneys if you are not satisfied with your present attorney. If you do change attorneys, you do not pay anything extra. The attorneys have to divide any fees between themselves. You may go to my website for more information. www.SerranoLawyers.com

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Answered on 2/07/08, 3:56 am


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