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ktn5519 · 08-10-2011, 03:30 PM

Hi,
I had a lawyer represent me in my WC just a week ago and he has submitted an application for Adjudication of Claim which means I now register to the court. My employer and the insurance carrier got a letter from my lawyer. I changed my mind and do not want to go through an attorney (nothing to do with his performance) and work through the settlement anymore. If I withdraw my attorney services, what happens to the application submitted. The DWC said that it would just get assigned a number and nothing will happen. Isn't there a hearing that gets scheduled? What is the downside for me not to have a lawyer represented now. Thanks.

1171 · 08-10-2011, 05:23 PM

each state has their own rules.
that's why we ask that you post your state
http://www.workerscompensation.com/forum...?tid=10146

looks like you might be referring to california jurisdiction?

you need to notify your atty of your decision. they will file a petition to dismiss. It will close the court file.
you can still pursue your claim administratively

if you are in another state the process is different.

ktn5519 · 08-10-2011, 07:35 PM

Thank you for your quick reply. Yes, I should have mentioned California. I think you are saying that when they petition to dismiss, then I will have to re-submit the Application for Adjudication of Claim by myself to re-register the case later if I wish to do that.

1171 · (This post was last modified: 08-10-2011 07:59 PM by 1171.)

(08-10-2011 07:35 PM)ktn5519 Wrote: Thank you for your quick reply. Yes, I should have mentioned California. I think you are saying that when they petition to dismiss, then I will have to re-submit the Application for Adjudication of Claim by myself to re-register the case later if I wish to do that.

depending on how the court dismisses the claim you will be allowed to refile; but you may have to have a hearing as to why and under what circumstances you have decided once again to pursue.
it takes court time and resources to process filings and it will not allow those to be used without good reason.
if there is any chance at all that you will again change your mind, you should rethink your need to dismiss your application.

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