old case

[ledman]

I'm not sure if anyone can help, but here goes. Back in 1998 I developed cubital and carpel tunnel in both arms while working for an employer in Calif. I went through the whole route, workers comp payments, disability, and additional disability payments. Although I didn't want to, my attorney convinced me to settle on my right arm. My left arm which was diagnosed first to have these symptoms has never been settled. After I had exhausted all my benefits which meant my attorney wasn't getting any of my money, he stopped replying to my calls and mail. I then moved to Utah in 2002, and have lost all contact with my attorney and haven't seen a doctor since even though I still to this day suffer. I never had surgery, and like the doctors in Calif told me, I would just have to suffer with it. My questions are, do I still have a case? Am I still entitled to settleing my case on my left arm? I don't know where to turn, so any help/advise is greatly appreciated. Thank you.

[Bummer Knees]

Did you settle with open medical?

[1171]

you'll have to give more detail on the "whole route"
was there a stipulated PD award ?
was there a Lump sum buyout- Compromise & release?
did the judge make and award after a hearing/trial?

your atty still represents you, you should try contacting him.

[ledman]

Sorry for not being more specific. As to the whole route, and keep in mind it has been over a dozen years, but at work they put me on modified light duty for around a couple weeks(which I was still doing my regular job), and then they told me that there was no light duty for me, so basically told me to stay home till the case was settled (LOA - leave of absense). They told me this in my opinion, because I had hired an attorney during this two week period. Trying to remember exact details, I believe I began receiving workers comp while going to the doctors (I think it was once a week, or twice a month). After the workers comp ran out, I believe I went on disability, and when that ran out since I had (I believe it was called) ADD (additional disability...??), I drew that till it ran out too. During this time, and after I was off work for about 3 weeks, I began to feel the same pain in my right arm/hand/fingers as I had been experiencing in my left arm/hand/fingers. My work fought my claim on my right arm, saying that it developed while I was off work. My argument was that it probably took months/years for my left arm to get to where it was, so it had to have taken the same time for my right arm to get that way. It just happened that I wasn't working at the time when it started hurting. To make a long story short, my attorney basically told me that there would be a long drawn out battle in court, and that I probably wouldn't win, so my work was willing to settle out of court. They paid me a lump sum which I guess was the compromise and release as you mentioned. I gave up my rights to ever have future treatments for my right arm. Shortly after all this, I had moved to Utah. In response to contacting my attorney, as I mentioned in my first posting, I have called and sent mail to my attorney over the years, and am always told he is on vacation, out of town, or some other runaround. In other words, I have never spoke to my attorney after moving to Utah. Of course I have never received anything in the mail from him either. I haven't been to the doctor since I moved from Calif, and the only reflief I get is from taking my wifes medication that she has a prescription for. To this day, I have never settled anything for my left arm. I would like to start seeing a doctor again, if for nothing else to get some kind of pain medication so I don't have to take my wifes. I don't feel it is right for my ex-company to get away with not paying anything, while my wife is paying for hers and my meds. I would even consider settling this case if I could, but as I also mentioned in my first post, I don't have any idea where to turn. Trying to go through my attorney has proven to be a waste of time. Once he had received all the money he was going to get from me from my settlement for my righ arm, and the percentage of my workers comp and disabilty insurance money, he didn't want to have anything to do with me.
I really do appreciate your help, and as I also mentioned, I don't know where to turn as my attorney basically refuses to talk/discus anything with me.

[1171]

in california a lumpsum buyout closes out the employers liability for all time.

[ledman]

(01-27-2011 06:39 PM)1171 Wrote:  in california a lumpsum buyout closes out the employers liability for all time.

That much I do know. But that was just for my right arm. I never settled on my left arm. I was seeing a doctor for my left arm up until I moved to Utah. The only thing I am trying to find out information on, is if a person has a dead-beat attorney and wants to see a doctor in Utah for the case I have in Calif., what steps can I take? From what I remember when I lived in Calif, was for me to be able to change doctors, I had to go through my attorney. He handled everything. Now I live 800 miles away and can't just drive to see him. Even if I did take a trip to Calif to try to see him, I'm sure I would have to come home before I ever got to see him. I'd get the runaround there, just as I have been getting it here. This case is over a dozen years old, and I just want to settle it, or be able to at least go to a doctor and see if my arm is getting worse. I feel it has gotten worse, and my ex company would have to pay for surgery if I decided to go that route. I just need some help, and answers of what my options are since my attorney isn't any help. Thank you.

[1171]

13 years is beyond the statute of limitations for filing a new claim or a new and further on your left arm.
the only way you'd be entitled to benefits on that old of an injury is if you were awarded further medical by the comp court at the time it was closed.