Q: Do I have to attend a PQME appointment if my attorney file a DOR petition to withdrawal representation? thank you all.
the reason why he wants to withdrawal is because I have discovered issues regarding to his representation for example the defense attorney's are the same law firm where my attorney worked or works I don't know he said he work for them few years ago but I search his profile and seems like he still have email accounts and phone numers related to this firm, he also is or was state comp insu fund attorney is unclear to know what his true law practice, without mention his poor knowledge to apply the correct rules in my case, we have been in disputes since Nov 2017 when I also discovered that the defense file back in august 2017 answers to my claim denying basically all benfits I deserve, when I face him why he did not object or a least told me about he said I don't have to tell you every detail of documents filed, he also said there is nothing to worry about. Is this a experienced WC attorney answer? I believe he has a potential conflict of interest.
A: You'll get better answer by calling some WC attorneys and speaking directly to them.
A:
IF YOU ALREADY saw this one doctor as your Qualified Medical Evaluator once before, then that is the ONLY QME and you are 'married' to him even when an attorney ends representation. BUT THERE IS NO case law or regulation forcing you to use the QME an attorney chose IF YOU NEVER SAW THAT QME. If you have researched that QME and found out he is not worker-friendly or a poor choice that will end your claim, DO NOT ATTEND. Issue a WIRTTEN objection to both the insurer and defense lawyer indicating you refuse to see that doctor as your QME. WRITE THAT DOCTOR that you are cancelling the QME appointment and will not be held responsible for charges for that appointment . DO NOT attempt to communicate these points by telephone. You will be charged over $1000 for a 'failed appointment' and the judge will order you to see that QME.
YOU NEED TO DO EVERYTHING IN WRITING until you get a new attorney. Whether you had an 'experienced' attorney or not i cannot possibly answer from that fact pattern.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
