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Settling Attorney liens CA injured worker
#1
I need to settle the attorney lien on my case.
I handled all settlement negotiations / arrangements.
My prior attorney didn't submit any DOR's , I did multiple DOR's.
My prior attorney made a pain management doctor my PTP
I got a spine surgeon, since I had a serious spine injury.
My prior attorney never received any offer to settle.
Defense approached me to settle.

I know my attorney was responsible for nothing being handled, when I took over, I addressed everything.  

From false medical reports, Defense wasn't responding (until I took over).

I did everything, I was extremely effective.


Now I need to know how can I keep Mr. Doolittle from receiving the atty fee I earned.

California injured worker
 
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#2
Good for you. If they can, workers are their own best advocates.

The WCAB adjudicates fee disputes. You can File an objection to the  lien. Let the defense atty know your position.  Make sure they get a copy of your objection.
Did you file in pro per? Or substitute the atty out? Are you handling the settlement negotiations?
You and the defense atty can include wording that the atty fee is to be withheld pending separate negotiations or hearing.
At some point you will have to contact your atty and try to negotiate the fee. That should be done prior to submitting settlement documents to the board.

What resources were most helpful to you?
Others that come here looking for help would appreciate youR insights.
Thanks for the post.

You can find WCAB rules on liens and atty fees here
http://www.dir.ca.gov/t8/ch4_5sb2.html
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Meeting with an I&A officer may be helpful.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#4
(01-26-2017, 12:07 PM)1171 Wrote: Good for you. If they can, workers are their own best advocates.

The WCAB adjudicates fee disputes. You can File an objection to the  lien. Let the defense atty know your position.  Make sure they get a copy of your objection.
Did you file in pro per? Or substitute the atty out? Are you handling the settlement negotiations?
You and the defense atty can include wording that the atty fee is to be withheld pending separate negotiations or hearing.
At some point you will have to contact your atty and try to negotiate the fee. That should be done prior to submitting settlement documents to the board.

What resources were most helpful to you?
Others that come here looking for help would appreciate youR insights.
Thanks for the post.

You can find WCAB rules on liens and atty fees here
http://www.dir.ca.gov/t8/ch4_5sb2.html
Yes I am in pro per and I did all settlement negotiations with defense. I'm currently planning my strategy for my final MSC hearing. I did send the AA an offer but he never responded. Just like old times! I'm putting a lot of effort into my final hearing and I plan on fighting my prior attorney for most of the fee. he may regret coming to court. 
I would like to thank you! Without your advice it would not have been possible. 
certified return receipts make a big difference. I noticed everything return receipt was in my record, when I also received through going to court. 
I tracked all my letters, received copies of all my medical records, if my doctors did anything improper I reported it to the medical board. You have to hold everyone accountable!
GET COPIES OF EVERYTHING.
 
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#5
(01-26-2017, 04:14 PM)California_Help Wrote: Meeting with an I&A officer may be helpful.

I&A officers are limited sources of information. Bottomline, if you are going in pro per be ready to file DOR's. After my first few DOR's I was so successful I kept filing and raising all my issues in court. Defense can not stop you from filing a DOR, list as many discrepancies and let defense explain to the judge!
 
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#6
It depends on who the I&A officer is. Some are very good.

I only file for hearings if I get something out of it and when I did file for a hearing my defense attorney would agree to the issue before the court date and told me he advised his client to pay me or whatever the issue was.

You can also use proof of service letter located on the states website. This is free and what is recommended.

Let me know how it goes with your hearing on this issue.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#7
Well I had my hearing to settle attorney liens today.
Both attorneys showed up, the do little brothers! I was prepared to do battle, but they were not interested. I offered them each 2.5 percent. They accepted my generous offer. The judge said well done, I&A officer said she never seen attorneys accept such a small percentage. I'm satisfied with the results!
 
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#8
good job.
you became informed and used the information to your advantage.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#9
Good job!
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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