Legal Question in Workers Comp in Maryland

changing atty after 20 years

I'm an R.N. who has permanent total disability, 20 years. Atty is extremely difficult to reach, talk to, etc. meds are still open, insurance co. very aggressive with medicals therefore i'm constanty trying to get my atty to file for hearings to keep my meds and PT. i have constant chronic pain and an onset of debilitating problems as a result of original injury. can the insurance co. be sanctioned for this harassment and will another atty. take my case. how will he get paid? i'm so desparate to move on. my last conversation with secretary she said ''file for medicare'' because there isn't much else we can do. i called her over a week ago about my PT which has been cut back and no phone call yet!


Asked on 10/13/04, 8:59 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: changing atty after 20 years

As I understand your case as you presented it, you are trying to get the insurance co. to pay for ongoing medical treatment and they are dragging their heels. They probably want some evidence that the treatment is benefitting you and is related to the original injury, which would come from your doctor. Your lawyer is reluctant to spend more time on it because he probably won't be compensated sufficiently for his time under the worker's comp system.

You might try to get a new attorney by going through the lawyer referral service maintained by the bar association in your county.

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Answered on 10/14/04, 10:10 am
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: changing atty after 20 years

Your situation is a complex one. This is further complicated by the fact that your long-time attorney was compensated (in advance) when this matter resolved years ago and is required to continue monitering the on-going care and compensation issues in this WC matter. Generally, unless the carrier is acting maliciously and/or in bad faith and without justification it is very hard to get additional attoney's fees for disputed issues. I have been seeing similar situations quite often recently, where the relationship between the attorney and the client or the client's next of kin deteriorate throughout the years. Generally, the attorney is duty-bound professionaly to continue representation and to perform the necessary and competent professional services. Part of that is to properly communicate with the client. I dont know the exact facts, but I would try to be diplomatic initially, then gradually and promptly document things in writing. If those attempts do not work, you should contact and hire other counsel to represent you. If you believe an attorney has acted unprofessionally you the option of contactin the Attorney Grievance Commission, as a last resort. I wish you the best of luck in resolving your situation.

Notice: This is not to be relied upon as legal advice becasue legal advice requires a confidential and detailed consultation. This is for general information purposes only.

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Answered on 10/16/04, 6:14 pm


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