Fresno, CA asked in Workers' Compensation, Legal Malpractice and Personal Injury for California

Q: Dismissed attorney for Workmen’s Comp and need guidance on self-representation process.

I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my ability to represent myself for the time being. Shouldn't I have been given additional paperwork to proceed with self-representation, or is there something else I need to do next?

3 Lawyer Answers

A: your good to go. call claims adjuster and tell them you're the new sheriff in town; they deal with you now. Unfortunately, you don't know the rules of the game however. I recommend you find a better lawyer. they are out there. some have a free App so you can see your case status through every step of the process.

Dennis Dascanio
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Answered

A: Dear injured worker,

It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented. I hope this information helps you and I wish you the very best.

Sincerely,

Dennis Dascanio

James L. Arrasmith
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Answered

A: You're on the right track by filing the Notice of Dismissal and sending the required documents, including the Proof of Service. Once the Workers' Compensation Appeals Board (WCAB) processes your dismissal, they should update the record to reflect that you're now representing yourself, also known as "in pro per." However, they don’t always send a confirmation unless further action is needed.

If you haven’t already, it’s a good idea to call or visit the WCAB district office where your case is filed. Ask if your dismissal has been processed and if they need anything else from you to proceed as your own representative. Sometimes, a form called "Substitution of Attorney" is required, even when you’re switching to self-representation, depending on how your original attorney filed your case.

Moving forward, you'll receive notices and hearing information directly. Keep an eye on your mail, and make sure the WCAB has your correct contact details. If you’re unsure about deadlines or procedures, the WCAB Information and Assistance (I&A) Officer at your local office can offer guidance. You're allowed to handle your own case, but it helps to stay organized and ask questions when you need to.

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