Q: It's been nine years and my workers comp case has not been settled, I have attorney, and have never been to trial
I have requested a trial before the judge many times but I have been ignored there have been many mistakes made. My input has not been listened too and they have believed the defense who has been dishonest. I have worked on my case myself to get mileage and providers when my attorney says after six months or more the defense is not cooperating and they couldn't get the info. Yet I have been able to obtain the info in less than a week or two. I had to file two complaints with the bar association and no other attorney would take the case because of the amount of time. In order to receive a response I have to write numerous emails and it takes over four to six weeks to get a reply, and then I still do not receive a cohesive response to my inquiry. For nearly seven years I was represented by a hearing representative and did not find out until I filed the second complaint against him and my attorney of record with the bar. I have lost my home, was unable to finish my Masters degree
A: I'm so sorry this is happening to you... sadly, it is not unusual. The system is not set up for timely, rapid resolution...it seems set up right now to allow every possible way for the insurer to legally decline payment. Sadly, you get nothing for losing you home and not finishing the degree. Plus, the amount of money to be offered will decline seriously because you are in Arizona...all of my clients who moved to Arizona could not find any physicians there willing to fight for their treatment with reports and appeals of denials. Every physician I've tried in Arizona for the past 3 years just writes the injured worker doesn't need any ongoing care and can attend severe pain with over-the-counter medications (wiping out a large future medical cashout demand). IF YOU FIND A GOOD GUY willing to write requests, reports and appeals of denials in Arizona, tell me about him/her!! If you complained to the State Bar about the current attorney, that attorney is going to be very hesitant to do much, antipating that they will be working for free (because you will oppose their fee). YOU MIGHT consider dismissing this attorney and representing yourself, and have period meetings with the Information & Assistance Officer, a state employee assigned just to 'coach' unrepresented injured workers. The I&A Officer at the San Bernardino WCAB is exceptional.
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