Workers' Compensation Discussion Forums

State of California

I've posted quite a few times over my Attorney office.
I only have one question.
If I file the papers to be RID of them, would the new Attorney still have to share a percent?
Because I wouldn't see someone else working harder and getting half.
The legal secretary who runs the office has a autoimmune disease and is sick all the time. In December she was only in Office about for a week in a half. There is two other office girls that mostly does the filing and one is the calendar girl. The Attorney is in another city.
So when my (AME) report came back no one in the office had it. So I ended up getting the report from my Doctor's office. No one at the Attorney was very interested in it.
I would say in the last six months that was the most important report.
They dropped the ball in November when they told me I would be getting a emergency hearing on a injection that was denied.
If workers comp isn't slow my Attorney's office is slower. I really don't need much information. Just a date the depo of the Doctor would be and if they need anything else from me.
I think they make it harder than it has to be. Or maybe I'm just in a little more pain to night.
Thanks for some input. I hope I never ever hire Attorney again after this is over. I mean I really pray not to.

yes the new atty would get a fee--I doubt any atty would take the case otherwise.
there will be single atty and divided by the judge among all the attys.

(01-26-2011 12:27 PM)1171 Wrote: [ -> ]yes the new atty would get a fee--I doubt any atty would take the case otherwise.
there will be single atty and divided by the judge among all the attys.

I didn't write that correctly. Sorry. I know atty. woudn't take it without a percentage.
I just wanted a new atty. to get the full percentage.
It's not that my atty. office does nothing.
There is alot of problems.
They do workers comp. only. So I know they have to have alot of clients just to make it.
The Legal secretary is very sick most of the time.
She herself said they are overworked and underpaid and they volunteer alot of their time.
I understand she is sick and I feel for her. I think they try and as long as they don't miss a deadline they are ok with it.
I don't need a call when nothing is happening. There are long periods of time when nothing is going on.
What I don't like is when my doctor's office does a appeal and the Atty. office say they only get the denials. The legal secretary said samething about an emergency hearing for a denial injection. She told me she had what she needed. This was in November 2010. Now no one remember anything about that. I only have emails discussing it.
I know I'm venting.
At times I get really tired of spinning my wheels. There doesn't seem to be any countability for anyone. The radiologist missed a torn disc. Those MRI are very expensive and you would think there would be a competent Doctor reading it.
Tomorrow is a new day. I'm easy going and sure I will be back to myself soon..

distribution of the atty fees is not up to you.
there will be a single fee, the amount and the distribution will be decided by the work comp judge. you can file an objection if you disagree.

the proper venue for complaints about atty performance is not to dispute the fee but to contact the state bar.
the rules for attys as well as a complaint form are available here:
http://ethics.calbar.ca.gov/
http://www.calbar.ca.gov/Attorneys/Lawye...ation.aspx

the form for dismissing your atty is here:
http://www.dir.ca.gov/dwc/Dismissalofattorney.pdf

if you hire a new atty they will take care of the paperwork.
if you are going to represent yourself you'll need to file it.
it's advisable to talk to a few attys before deciding.
if you are going to object to the atty distribution decision of the judge, your position is strengthened if you have filed a complaint.

(01-26-2011 02:55 PM)1171 Wrote: [ -> ]distribution of the atty fees is not up to you.
there will be a single fee, the amount and the distribution will be decided by the work comp judge. you can file an objection if you disagree.

the proper venue for complaints about atty performance is not to dispute the fee but to contact the state bar.
the rules for attys as well as a complaint form are available here:
http://ethics.calbar.ca.gov/
http://www.calbar.ca.gov/Attorneys/Lawye...ation.aspx

the form for dismissing your atty is here:
http://www.dir.ca.gov/dwc/Dismissalofattorney.pdf

if you hire a new atty they will take care of the paperwork.
if you are going to represent yourself you'll need to file it.
it's advisable to talk to a few attys before deciding.
if you are going to object to the atty distribution decision of the judge, your position is strengthened if you have filed a complaint.

I have checked with a few Attorney's and it's not there practice to accept a case that another Attorney has/had.
I can understand that.
The legal secretary was in the office today and sent me a very long email.
She blames the clients for bring a bug to the office and making everyone sick. It's life and death for her. I know she wasn't referring to me. I never have had the flu since hiring them and haven't been in the office. Same thing overworked and etc....
Blame everyone else for not doing anything for me I guess. It was the blaming game. Blamed my Doctors for not giving her my appeals. My Doctors office does and has proof.
I recently recieved a letter from the u.r. outlining all my denials. cc the attorney office.
I'm at point that I might have to fire the Attorney. I make sure they have everything and she wants more. I told her I'm at a lost. She wants the Doctor office to fax his Doctors notes each visit.
She would just say she didn't get it so, its pointless.
I don't want to represent myself.
I can't make them work for me. My pain and financials are not their problem. I understand that but shouldn't a denied treatment go to a emergency hearing? I don't feel like I'm asking for too much.
I'm sure my return email to the legal secretary will not go over well. Last time I made her mad she sent me thirty pages and about four pages was hate mail to me. But, since I don't want to be without Attorney I keep trying.
I have to compare this to a abusive relationship. I've never had one but, I keep taking it and knowing it's not going to get better.
This by far is the craziest thing I have been gotten myself into.
W.C. is hard enough without this drama trauma. I still try to keep going but it's depressing.
Big decisions soon. I have to make a decision. I will sleep on it.

you might be able to get the state bar to help you find another atty.
i would keep trying other attys -- maybe some outside the immediate area.
other wise you'll have to make some compromises.

(01-26-2011 02:55 PM)1171 Wrote: [ -> ]distribution of the atty fees is not up to you.
there will be a single fee, the amount and the distribution will be decided by the work comp judge. you can file an objection if you disagree.

the proper venue for complaints about atty performance is not to dispute the fee but to contact the state bar.
the rules for attys as well as a complaint form are available here:
http://ethics.calbar.ca.gov/
http://www.calbar.ca.gov/Attorneys/Lawye...ation.aspx

the form for dismissing your atty is here:
http://www.dir.ca.gov/dwc/Dismissalofattorney.pdf

if you hire a new atty they will take care of the paperwork.
if you are going to represent yourself you'll need to file it.
it's advisable to talk to a few attys before deciding.
if you are going to object to the atty distribution decision of the judge, your position is strengthened if you have filed a complaint.

I'm sorry last night I forgot to thank you for the links.. I really appreciate that.
I don't quite know how to say this...
When the legal secretary doesn't do something she says she doing and basically I find out sooner or later she didn't do it. So she starts as I put it, little fires to take the focus off her and points me in a different direction.
She told me in a email last night "What would I do it they weren't there to fight for me?"
The only thing I received by having an Atty, was an (AME) appointment.
All my Doctors have taken an advocacy position.
Matter of fact the (AME) in his report even said that.
In other words the Doctors are doing their job and the Atty. is not following up with going to court over these denials.
I probably won't have to fire the Atty. when I politely ask about something she said they were doing for me, the legal secretary gets very angry and says I'm being rude and that won't be tolerated in this office.
I'm then stunned. So pretty sure I will be dropped sooner or later anyways. Then I will probably be deemed as a problem client and never find another atty.
I think today I will spend trying to find another atty. to take this over.
It's to bad that if someone does a good job they can't get 100% of the money. I understand why but, I hired atty. office to take the stress off of me so I can heal and get the treatment I need. So far my stress is very high and no treatment since last July. I just take more pain meds.
That really only a part of it.
Well thank you and hopefully something will change this all around.
I no one should be fighting their atty. to work for them when it is so hard to just get through each day in pain and not receive treatment for it.
My legal secretary warn me that if I use my private insurance that I could be stuck with the bill and their office will not use it as evidence.
I'm the one getting cribbing pain and there does come a point when enough is enough and I have to help myself.
All I can say is, if you don't want me to use private insurance then do something about it.
I guess I'm beating a died horse here. lol
Well I guess I've said it all.

even if the attys are good at the law if they don't supervise their staff well they will have unsatisfied clients.
at some point I would let the atty know your feelings about his staff.
be well.

(01-27-2011 02:17 PM)1171 Wrote: [ -> ]even if the attys are good at the law if they don't supervise their staff well they will have unsatisfied clients.
at some point I would let the atty know your feelings about his staff.
be well.

I actually did that once. Oh, what happen next was a nightmare.
I email the Attorney for a meeting. The legal secretary said I stabbed her in the back to her boss. She actually mailed me 13 pgs. She said if it was her job I was after I really blew it. She asked me if I really thought one client is going to get all of us this fired?. She said I don't know why you don't have the ability to understand.
I had that meeting with the Attorney. That was bad. He was waiting to yell at me and this first meeting and thankfully no more meeting as of yet. He said they would contact the claim adjuster and see about (AME). So I asked "I thought that was already done?"
He made a small jump in his chair and threw his hands in the air and said" Oh my God let me say this again".
I start to say something and shut my mouth. My husband was with me and we just looked an each other.
Following week or so got the appointment for (AME).
Well, guess there is something wrong with me because as I repeat this, it's non sense.
My atty. has a pending moral turpitude to one count, a misdemeanor.
Just a side note after the meeting with the atty. I went to the hospital and need two units of blood. I was really sick and I wasn't going to miss that appointment. Once again I put my health second.
I know I have to do something and I will. I just pray for guidence.

+

(01-27-2011 01:44 PM)down Wrote: [ -> ]

(01-26-2011 02:55 PM)1171 Wrote: [ -> ]distribution of the atty fees is not up to you.
there will be a single fee, the amount and the distribution will be decided by the work comp judge. you can file an objection if you disagree.

the proper venue for complaints about atty performance is not to dispute the fee but to contact the state bar.
the rules for attys as well as a complaint form are available here:
http://ethics.calbar.ca.gov/
http://www.calbar.ca.gov/Attorneys/Lawye...ation.aspx

the form for dismissing your atty is here:
http://www.dir.ca.gov/dwc/Dismissalofattorney.pdf

if you hire a new atty they will take care of the paperwork.
if you are going to represent yourself you'll need to file it.
it's advisable to talk to a few attys before deciding.
if you are going to object to the atty distribution decision of the judge, your position is strengthened if you have filed a complaint.

I'm sorry last night I forgot to thank you for the links.. I really appreciate that.
I don't quite know how to say this...
When the legal secretary doesn't do something she says she doing and basically I find out sooner or later she didn't do it. So she starts as I put it, little fires to take the focus off her and points me in a different direction.
She told me in a email last night "What would I do it they weren't there to fight for me?"
The only thing I received by having an Atty, was an (AME) appointment.
All my Doctors have taken an advocacy position.
Matter of fact the (AME) in his report even said that.
In other words the Doctors are doing their job and the Atty. is not following up with going to court over these denials.
I probably won't have to fire the Atty. when I politely ask about something she said they were doing for me, the legal secretary gets very angry and says I'm being rude and that won't be tolerated in this office.
I'm then stunned. So pretty sure I will be dropped sooner or later anyways. Then I will probably be deemed as a problem client and never find another atty.
I think today I will spend trying to find another atty. to take this over.
It's to bad that if someone does a good job they can't get 100% of the money. I understand why but, I hired atty. office to take the stress off of me so I can heal and get the treatment I need. So far my stress is very high and no treatment since last July. I just take more pain meds.
That really only a part of it.
Well thank you and hopefully something will change this all around.
I no one should be fighting their atty. to work for them when it is so hard to just get through each day in pain and not receive treatment for it.
My legal secretary warn me that if I use my private insurance that I could be stuck with the bill and their office will not use it as evidence.
I'm the one getting cribbing pain and there does come a point when enough is enough and I have to help myself.
All I can say is, if you don't want me to use private insurance then do something about it.
I guess I'm beating a died horse here. lol
Well I guess I've said it all.

I read through these links that you provided me with and copied and paste some of it in a email to atty. office and ask if they were going to help me with all my denials so that I could get the treatment I need. So these links were very helpful. Hopefully they won't unlease on me. Oh well this is my final attemted to work it out.
I'm ready to take my chances.