3 years and no agreement

[Hoosier_Daddy]

Anyone ever heard of a case going on for over 3 years. I was hurt April 3rd, 2006. Hurt my knee. My employeer took care of me for 3 months. Sit down job, paid for MRI's. etc. Then a doctor they sent me to said I needed knee surgery. Well they then kicked me out and said no to the surgery. Well 4 surgeries later I was awarded SSDI and still nothing from WC. My lawyer told me they have agreed in principal to a meidcare set aside. What I want to know is what are my options at this point. I desperately need another knee surgery. My lawyer has made me wait since March for it as he said since the case is open we can't go forward. He keeps telling me 30 days and hopefully a resolution. I am tired of it all. He says if we push them we will have to start over and it could take more years. Any ideas. Oh if it matters I am in Indiana.

[1171]

if you don't want to wait you can change attys at any time. there will be a single atty fee.

[Still in Limbo]

Hoosier, I am a bit Concerned that if W/C is Considering a Medicare Set-Aside for You, then they are admitting a Work Injury Claim, and You should be getting Paid for Your Time Off! I think I would, My Opinion Only, set down with Your Attorney and get what is Actually going on, if You Accept a Set-Aside Only, they are Off Easy, and You are not getting what is Rightfully Yours, Expedient Medical Care, and Wage Replacement during the Healing Process!! Something Smells Fishy with Your Attorney and w/c, I know for a Fact that My Attorney wouldn't even Consider only taking Half of what is Rightfully Yours!! Look into this a Bit More, and You May be Surprised what You Find!!

[lj72650]

1171 Wrote:if you don't want to wait you can change attys at any time. there will be a single atty fee.

Hi 1171,
I read in one of your posts that if you change Attorneys it is still a single fee. I changed Attorneys, as a matter of fact I fired my first. My new Attorney is charging me double so that I pay my first Attorney at settlement.
He said he will work the payments out between each other, because he has done more work on my case.
Any info on how they are paid, and if the first Attorney can place a lien on my settlement.
Thanks lj72650

[chrischris]

lj: Just my opinion, but 1171 might not come back to this post to see your question to him/her. If I was you, I would start a new post with your question. You might have better luck at getting an answer.

In California, the judge sets the attorney fee. The CAP is 15%. If there are two attorneys involved, the WCJ determines how the 15% is split, not the AA's.

It may be different in your State.

Take care.