Asked in Workers' Compensation for California

Q: How can I formally dismiss my attorney that claim was awarded in wcab? He is causing me so much trouble because I want a

Complete medical buyout and he wants money for it so he stopped the insurance company from talking to me but he won't talk to me and sends emogyi's instead laughing I sent him a letter if dismissal but he won't stop and the defense don't want sanctions so they keep stating attorney on record

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2 Lawyer Answers

Nancy J. Wallace

Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: There is a standard NOTICE OF DISMISSAL form. Just sending it to your lawyer isn't sufficient. You have to send a Copy of the Notice of Dismissal to the Insurer, the Defense Attorney and the Attorney with a Proof of Service by Mail. THEN you have to prepare the Document Cover and Divider Sheet for a filing at the WCAB and get the Notice of Dismissal plus that Proof Of Service By Mail with the Cover Sheet and Form Divider to the right WCAB Office for filing. SMart people go into the WCAB with TWO, get one set filed and the other set stamped, so you can prove to the Defense Attorney you do not have any attorney. ONLY THEN is the defense attorney permitted to speak directly to you.

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: Go to the DIR/WCAB website and click the forms tab. There should be a form for dismissing your attorney. Fill it out, send a copy to him and the original to the court.

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