Q: If your work Comp attorney wants to terminate your relationship what do I file to release him from collecting leins

My attorney spent one year subpoenaing my medical records. He post poned all QME appointments. Now he has asked me to settle my claims at an amount I question then he told me I had to take his suggestion or come pick up my files.

Is an injured worker allowed to have the defense provide an accounting firm to explain their math that isn’t adding up?

That’s two questions

1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You may (1) Sign a Notice of Dismissal of Attorney, then (2) speak with or write to the defense attorney freely. You can request an 'accounting' but there is nothing in the Labor Code requiring the defense attorney provide you with anything. YOU ARE entitled to an attorney who can explain how she/he arrived at the sum proposed for a settlement, what would happen if you rejected the settlement and obtained a rateable medical-legal from the Primary Treating PHysician, what would likely occur at trial. If there is no such attorney within a reasonable distance of Lodi, you can terminate your attorney, pick up your ORIGINAL file materials, schedule a meeting with the Information & Assistance Officer at the WCAB Office where your claim is filed, and ask the I&A officer what the WCAB Judge would likely rule based on the QME Report and the Primary Treating Physician's final report as they are presently written. SOUNDS LIKE YOU HAVE NOTHING TO LOSE BY FINDING A NEW ATTORNEY HERE ON AVVO!

William John Light agrees with this answer

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