attorney / workers comp.

[ddbird@citlink.net]

hi from arizona! Well my 20th a anniversary will be in 2011 since 1991 (injury)my attorney has been taking his 25% from my wc check and by the looks of it, it will go on untill i go to my grave. For most of that time i had put my case behind me thinking "that is the way the system works" move on. But in 08 i got a note about a rearangement, i went for it. I got it ,but it realy cost me i was not made aware of the cost ahead of time.I did a little snooping and found two things. Arizona state legislature - ARS-23-501/ 23-502/ 23/503 and 23-506 all having to do with rehabilitation, it was never done or brought to my attention at the time. then i found ARS-23-1069, attorney's fees; payments; time limitations. It seems there is a time limit. but! you have to know there is a loop hole somewhere. what could it be. i am writing the industrial comm. to see what the loop holes are, nothing back yet. If i had to discribe my attorney in just a few words it would be "The death of hope" I have written a sort of diary/story I have 10 chapters so far. i recomend all of you do the same, it may seem inconsequential now, but believe me it may help you [/size]in the future. Any thought's on all this?

[Bad Boy Bad Boy]

Is your question just on attorney fee's?

[Bernie57]

Sounds like you need an attorney to protect you from your attorney. They are not any better in NY. But I know nothing of
AZ comp law. But hang in there, someone should be around to
help you out. And yes, I have enough documented paperwork to
reforest the Amazon. Bernie

[ddbird@citlink.net]

Bad Boy Bad Boy Wrote:Is your question just on attorney fee's?

In a way, yes, The question that i am asking is does "Arizona State Legislature" ARS 23-1069 apply to my attorney and my case. and can he collect his 25% in perpetuity. I feel that he is not breaking the law, so is there a loop hole, and what is it? The other part ARS23-501 (rehabilitation) i just discoverd recently and i know for sure that it was not followed in my case, and i want to know why? So what do i want out of all this? i would like the Arizona Industrial commision to investigate this case for any wrong doing, or the AZ attorney Generals office. Reading the story's on this web page, I am appalled at the way injured workers are treated in this country. i feel it is a national scandal. But, what do i know.

[Bad Boy Bad Boy]

We had someone here some time ago, that was asking the very same thing about the Attorney Fee issue. If I remember correctly it was said to be all legal. As the attorney files with the commisioner and updates it contract or something like that. Plus, it was based on settlement issues and terms. But, if not settled, then I can't see how ARS 23-1069 would apply, for all that section relates to is bases of settlement terms.

(((The reasonableness of the attorney's fee set pursuant to a subsection shall be reviewable upon the application of the claimant or the attorney in the same manner as other awards of the commission.)))

Now ARS 23 -501 is a State Law issue. What I mean is, first why do you say it wasn't followed through with. As I read it, and it's clear the State enforces this, for those seeking Financial aide. But that is the State. Has your attorney ever requested Voc rehab for you through the Work Comp Insurrance Carrier?

It's very hard to know all that went on in ones case to say any of the issues you outlined are being violated. As we just don't know if they were. So, I offer you an opinion. I would call your State Work Comp Board, ask these question's, and see what answers you then get. Plus they can simply look your case up.

Ombudsman 542-4538

Or

http://www.ica.state.az.us/ALJ/ALJ_Depar..._List.aspx