Q: CAN A WORKMANS COMP ATTORNEY TERMINATE WORKING FOR ME BECAUSE I CC: THE DEFENSE ADJUSTER A QUESTION ABOUT MY WAGES?
THEIR ARE JOINDERS ADDED TO A 2 YEAR OLD JOINDER CASE. I ASKED MY ATTORNEY IF HE COULD ASK FOR A INCREASE IN MY BENEFITS FROM THE DEFENSE ADJUSTER. SENSE THOSE EMPLOYERS HAVE BEEN ADDED? HE DID SOME CALCULATIONS OF HIS OWN AND STATED HE FELT I WAS BEING OVER PAID? FOR 2 YEARS I SAID PLEASE CONTACT THE ADJUSTER RE: THIS ISSUE BECAUSE I DON'T WANT TO CONTINUE IN ANYONE'S DEBT. HE GOT UPSET HE TOLD ME HE WASN'T GOING TO CONTACT THEM ABOUT ANY OF THE MATTER. I FELT LIKE I'M SOMEHOW RECEIVING MONEY THAT I'M NOT SUPPOSED TO GET YET ITS THE DEFENSE THAT CALCULATED MY ORIGINAL WAGES SO HOW COULD THAT BE. I ALSO READ THAT IF THE JOINDERS WERE FOUND LIABLE THEN IT WOULD BE FROM THE DOI IF THAT IS TRUE THEN I SHOULD GET BACK PAY FOR THE 2 YEARS RIGHT? MY ATTORNEY TOLD ME IF I CONTACTED THE DEFENSE ADJUSTER MYSELF HE WOULD FILE A PETITION TO TERMINATE REPRESENTING ME IS THAT LEGAL? AND AM I WRONG IN ANYWAY TO WANT ANY EXTRA WAGE ENTITLEMENT? PLEASE EXCUSE MY CAPITALIZATION I'M LEGALLY BLIND T.Y.
A: An attorney can request the Workers Compensation Judge remove her from the case for any reasonable reason. If your attorney is convinced there is an irreparable breakdown in communication, he can request to be removed as counsel. BUT he cannot just 'stop working' if he remains on as counsel and you have requests for answers. If you wish to prove your "Average Weekly Wage" was higher at the time of injury and so you due a higher Temporary and/or Permanent disability rate of pay, you either insist this attorney pursue this by a reasonable deadline or resign as counsel; you cannot force this attorney to do this task (that would be slavery, outlawed by the 13th Amendment). You can find a new attorney willing to take your proof you had higher earnings at the time of injury than that at which you are being paid, OR you can Dismiss your attorney and represent yourself in this quest...with the assistance of the Information and Assistance [ I&A ] Officer.