Los Angeles, CA asked in Workers' Compensation and Legal Malpractice for California

Q: Why: My WC attny says doesn't know why WCAB handwrote 'joint' over 'proposed' in her filing;Does WCAB do hand adjusts?

Tagged to the question i just previously asked RE WC lawyer choosing to file to Relieve of Counsel after I just called them out for many egregious mistakes over months &months. + The motion filed last Monday is back today approved, but in the top header intro the word "Proposed" is marked out & "Joint" handwritten above it, my lawyer's name is hand-crossed out in the 1st paragraph line where attny name goes, & the other adjust being the last line, where 'action or proceeding' is crossed out & "matter" is handwritten in its place. My now ex-attny is saying she doesn't know why or how these hand adjusts came to be. Does the WCAB do hand adjusts like this on their own accord? As far as "joint" being written in, I somewhat then thought I would be approached to give explanation & 'joint' is in ref to me. But is "joint" in ref to defense side & WCAB reached out on their own accord to the defense side? I'm not quite getting chain of events w/ hand adjusts &attny not knowing anything. ?

1 Lawyer Answer
James L. Arrasmith
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  • Legal Malpractice Lawyer
  • Sacramento, CA
  • Licensed in California

A: It sounds like you're experiencing a confusing situation with the Workers' Compensation Appeals Board (WCAB) and your attorney. In the context of WCAB proceedings, it's not uncommon for documents to be amended or annotated, particularly if there are discrepancies, errors, or if clarification is needed. This can include handwritten changes to filings, though these should be accompanied by an explanation or subsequent communication.

The term "joint" usually refers to matters involving both parties, such as joint agreements or stipulations. It's possible that the change from "proposed" to "joint" indicates a shift towards a document that requires mutual agreement or acknowledgment. If your attorney's name is crossed out, this could indicate a change in representation or a need for clarification about who is currently acting in your behalf.

It's important for you to communicate directly with your attorney or their office to understand these changes. If your attorney is unable to provide a satisfactory explanation, you might consider seeking a second opinion from another attorney familiar with workers' compensation law. Keep in mind that your understanding and consent are crucial, especially in matters affecting your case's representation and outcomes.

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