dismissal of attorney & other topics-help - Printable Version
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dismissal of attorney & other topics-help - deni - 03-17-2008 04:40 AM
:(My claim is 6 years old. I was unrepresented for the 1st 4 yrs of the claim. Year 5 into the claim I was given 30 days notice that I would be terminated due to my work restrictions. As result of this, sudden, unexpected job loss and all that goes with that, I became severely depressed, etc., which then also became apart of my claim. The pressure put on me to settle my claim quickly was tremendous. I felt I needed to take a step back and seek guidance, thus retained an attorney. This attorneys' office has handled this claim for the past 14 mo+ during which time I became very ill. Our attorney/client communication was limited to a total of 3-4 office mtgs for updates. At every mtg, I asked when I would receive the rating. 2 mo ago, I was told they were sending all reports out to prof rater so they get the best rating possible given 3 separate body parts to be rated. I always knew what the insurance company was offering, they always felt we could "probably" do better. Last week I attended a MSC hearing. I got a completely different attitude from both my attorneys as they conferenced w/me separately before the hearing. The insurance company is consistent in their offer, but, now my attorneys state they just barely got a "private" rating back late the night before and it was very low.This is the rating I was told they sent for over 2 months ago. Something just does not compute. They refused to show me how it was rated or breakdown of rating,etc.. They began pressuring me to take the offer that has been on table for over this past year. Their behavior was so contrary to their past dealings with me. Something has changed for them in my claim, I am confused since the insurance co has not changed their offer. They are waiting for a counter. I know I will be paying the full 15% to them. I just can not go through as much effort emotionally as what I did at the hearing with my own attorneys. I am now able to do the foot work to finish out the claim. I think I have bought some time as, for other reasons my MSC has been continued until May. My question: How helpful are judges to unrepresented workers in hearings and trials if this goes on? Any other insights to this complicated situation? I am in California. Thanks for any comments or resources.
RE: dismissal of attorney - 1171 - 03-17-2008 11:40 AM
it depends on the judge. it's a subjective term; there are no objective standards for "helpfulness."
you need to distinguish between a litigated case with and without an atty versus a non litigated case.
your case is litigated and if you dismiss your atty then you will represent yourself i.e. pro per
that is different then a case that is not litigated.
RE: dismissal of attorney - deni - 03-17-2008 12:39 PM
1171 Wrote:it depends on the judge. it's a subjective term; there are no objective standards for "helpfulness."
thanks for pouring through my post and replying. I was told by my attorneys that we had "the bottom of the barrel" on the judge pool for last weeks' MSC...not sure if that is accurate after what happened. None the less, is the same judge going be assigned for trial if claim goes to that point? I am sure she will hear case for continuance in May. It was hard to draw any judgement in short time I watched her.
This am, I will go into WCAB/Oakland to see if I can see my file to determine if any rating has been done since 1st QME 2yrs ago. Psych AME report submitted 12/07.
New question: Shouldn't I have been given info on that rating? Or combined rating? thanks again for reply...deni
RE: dismissal of attorney - 1171 - 03-17-2008 01:06 PM
here are "rules" as to how an atty should behave:
you can file a complaint here
RE: dismissal of attorney - deni - 03-17-2008 11:25 PM
thank you for this additional information., more the better as i go forward with this decision. I spent the day at WCAB reviewing my file. I will review info on the link you referred me to also before final decision. As fyi, there actually was NO rating listed in file as ever done w/6yr old claim. 1st QME was done 4/17/06, I was not represented at that time. The claims admin told me by phone my rating was 64% (don't know how she arrived at that rating?). Appearantly this is how they calculated the C&R sett offer they made just before I retained my attorney.
Thanks for clarification on litigated v non litigated claim, great information.
Any comments have been so far like stiking it rich! thx...deni