Case Since 2004-California

[osofast2]

My case seems to be at a stand still due to my attorney. This is my second attorney. The first one was only on the case for a few months. I can't get answers from his staff? I leave messages and fax over updates every week. I get no response. If someone does call me back it is the administrator and she has no idea what she is talking about. I have tried to get a new attorney but because we are so far into the case no one will take it? I have tried to call the local Workmans compensation office but they have told me they can't help me because I have an attorney? If I fire my attorney then I have no representation. I have not worked since 2006 when I had my first surgery. I am no longer getting benefits from workmans compensation or my ex employer. I collect from SSI disability. Three months ago I started going to another Workmans comp doctor to be treated. Before that I was paying out of my own pocket for treatment and the insurance company will not reimburse me nor provide transportation, assists at home or anything above follow up doctors Appoitments and medication. The doctor have put in for various treatments but they all get denied? Is anyone going through this or has gone through it? Please let me know. I'm am so lost on direction.

[1171]

if you don't want to represent yourself, you'll have to keep looking for another atty.
you can search by zip code here:
caaa.org
you can also contact the state bar for help finding an atty.
http://www.calbar.ca.gov/Public.aspx

[osofast2]

(03-21-2012 08:23 PM)1171 Wrote:  if you don't want to represent yourself, you'll have to keep looking for another atty.
you can search by zip code here:
caaa.org
you can also contact the state bar for help finding an atty.
http://www.calbar.ca.gov/Public.aspx

I am not sure this far in the case I know hoe to represent myself? I am willing to get another attorney but the five I have talked to do not want anything to do with the case because it's so involved? I will use the resources you have given me. Thank you. Is this normal when a case goes on so long? To have so many problems? When I spoke to the Workmans compensation office the lady I spoke with stated the attorney has already been paid? Do you have any idea what this means?

[1171]

you are getting workers comp medical benefits if they are sending you to a workers compensation doctor.
in california medical benefits are for life, if necessary.
sounds like you've already had disability benefits awarded by the comp court and unless your atty filed to reopen your disability award you have passed the time limit.
attys fees are awarded out of disability benefits.
sounds like there are no more disability benefits available and yes it will be very difficult to find an atty since no more fees can be paid--no one wants to work for nothing.

they are only required to provide treatment that meets the utilization review criteria and not anything and everything a doctor wants to try. your treating doctor has to appeal when the carrier denies treatment.

you can change to any doctor within the carriers Medical Provider Network at any time.
you can find out more about Utilization review and medical networks here:
http://www.dir.ca.gov/dwc/MedicalUnit/imchp.html

[jayne]

in other words ....the only benifits left is medical...no more money for you...no more money for an a lawyer.....is this correct 1171?

[1171]

I think that's the situation.

it's possible the atty filed with the court in 2009 -5yr limit from date of injury if your disability gets worse -but with 5 attys turning it down i suspect not.

[Woodlawn]

1171 is correct. No money means lawyer cares little.

The appeals board can't do much anyway, since the statute if limitations has almost assuredly run. When did you settle?

It is hard to know why utilization review (not the insurance company) is denying treatment, but it usually has to do with lack of documentation of functional benefit.

Unfortunately, there isn't much that can be done.