Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
lawyer has not found my brother a PTP after Four Months in Ca?
#1
My brother impulsively hired a Online lawyer way outside his living area and the lawyer has not gotten him a PTP. Instead of going before a Judge the lawyer said "Go to the ER" every time your in pain", he's in pain all day long and I can't take him there every single day because I work. What am I missing, the lawyer said "The Adjuster will not provide us with your MPN", that was back in October. My brother' s employer fired him and now he' s sitting at home in pain on days I can't take him to the ER for a shot.


Can a Judge overrule my brother's attorney and remove him? My brother got smashed in the head and had no business hiring a lawyer 300 miles from his house. They have not followed through on anything, I am the one who is trying to figure out who to send him to while the old lawyer drags his pigeon holed clients around. At what point should he panic because he does not have the faculties to figure out that he got played. Four months and no PTP, no sign of action, what can I reasonably do because he's on the verge of mentally challenged after his injury. Is it even ethical to not go before a judge after four months? What are the odds a WC Judge can fire the lawyer for not finding a PTP?
 
Reply
#2
(02-01-2018, 09:40 PM)Billy Miller Wrote: My brother impulsively hired a Online lawyer way outside his living area and the lawyer has not gotten him a PTP. Instead of going before a Judge the lawyer said "Go to the ER" every time your in pain", he's in pain all day long and I can't take him there every single day because I work. What am I missing, the lawyer said "The Adjuster will not provide us with your MPN", that was back in October. My brother' s employer fired him and now he' s sitting at home in pain on days I can't take him to the ER for a shot.


Can a Judge overrule my brother's attorney and remove him? My brother got smashed in the head and had no business hiring a lawyer 300 miles from his house. They have not followed through on anything, I am the one who is trying to figure out who to send him to while the old lawyer drags his pigeon holed clients around. At what point should he panic because he does not have the faculties to figure out that he got played. Four months and no PTP, no sign of action, what can I reasonably do because he's on the verge of mentally challenged after his injury. Is it even ethical to not go before a judge after four months? What are the odds a WC Judge can fire the lawyer for not finding a PTP?

I apologize for appearing selfish, he has no concept the lawyer will let him go six months or one year without seeing a pain doctor. He's not been to any doctor since Nov, Worker's Comp stopped sending him money once he was fired from his job. Maybe it was "sick pay" and now he's on his own? What can I realistically do because its becoming obvious the lawyer grabs as many cases as he can and does as little as possible. Should I help him file Social Security and cancel the Worker's Comp Claim? Something is really wrong here, the past doctor from October wanted to know "are you being treated by anyone because I transferred your care to another doctor who does not have authorization to treat you". Doctor also said "I've never seen someone in limbo for almost five months like your brother". Today marked five months, not four so please forgive my time line. The stress is crazy, I can't expect someone in his condition to help himself out, there is no other advocate than me and its impacting my family.
 
Reply
#3
(02-01-2018, 09:48 PM)Billy Miller Wrote:
(02-01-2018, 09:40 PM)Billy Miller Wrote: My brother impulsively hired a Online lawyer way outside his living area and the lawyer has not gotten him a PTP. Instead of going before a Judge the lawyer said "Go to the ER" every time your in pain", he's in pain all day long and I can't take him there every single day because I work. What am I missing, the lawyer said "The Adjuster will not provide us with your MPN", that was back in October. My brother' s employer fired him and now he' s sitting at home in pain on days I can't take him to the ER for a shot.


Can a Judge overrule my brother's attorney and remove him? My brother got smashed in the head and had no business hiring a lawyer 300 miles from his house. They have not followed through on anything, I am the one who is trying to figure out who to send him to while the old lawyer drags his pigeon holed clients around. At what point should he panic because he does not have the faculties to figure out that he got played. Four months and no PTP, no sign of action, what can I reasonably do because he's on the verge of mentally challenged after his injury. Is it even ethical to not go before a judge after four months? What are the odds a WC Judge can fire the lawyer for not finding a PTP?

I apologize for appearing selfish, he has no concept the lawyer will let him go six months or one year without seeing a pain doctor. He's not been to any doctor since Nov, Worker's Comp stopped sending him money once he was fired from his job. Maybe it was "sick pay" and now he's on his own? What can I realistically do because its becoming obvious the lawyer grabs as many cases as he can and does as little as possible. Should I help him file Social Security and cancel the Worker's Comp Claim? Something is really wrong here, the past doctor from October wanted to know "are you being treated by anyone because I transferred your care to another doctor who does not have authorization to treat you". Doctor also said "I've never seen someone in limbo for almost five months like your brother". Today marked five months, not four so please forgive my time line. The stress is crazy, I can't expect someone in his condition to help himself out, there is no other advocate than me and its impacting my family.

Your brother can fire him at any time. He can also try to get an attorney closer to him, who will fire het him go for him. The longer he waits the more difficult it may be to find another attorney to take his case.

This is a link for workers compensation rules. You or your brother can contact an information and assistance officer to help with his questions.
http://www.dir.ca.gov/dwc/InjuredWorker.htm

Your brother can apply for state disability, but he will need a doctor to fill out part of the form.
http://www.edd.ca.gov/Disability/Options...nefits.htm

This is a link on how to find another attorney.
https://www.caaa.org/index.cfm?pg=FindaLawyerDirectory

Your brothers attorney should not have to file a hearing to get the MPN info. He should ask for it in writing if they refuse to give it when they call. I recommend having your brother call his attorney, with your assistance and ask the attorney to get on the phone to the claims adjuster, or call the claims adjusters supervisor if the adjuster is not responding. If his attorney is flaking already, I would look for another one. Google the attorney's reviews before hiring one.
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
Generally a dissatisfied client contacts another lawyer who will take care of the paperwork to change attys.
If your brother is not competent to make decisions about his claim, the court can appoint a guardian.
Most carriers have a website; it usually has a link to a list of its MPN docs.
Here are he MPN rules he should be able to select any doc ntil the carrier agrees to provide one n the MPN.
http://www.dir.ca.gov/t8/9767_5.html
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
Reply
#5
(02-01-2018, 10:09 PM)1171 Wrote: Generally a dissatisfied client contacts another lawyer who will take care of the paperwork to change attys.
If your brother is not competent to make decisions about his claim, the court can appoint a guardian.
Most carriers have a website; it usually has a link to a list of its MPN docs.
Here are he MPN rules he should be able to select any doc ntil the carrier agrees to provide one n the MPN.
http://www.dir.ca.gov/t8/9767_5.html

Thank you, its pretty obvious his lawyer has no intention of doing him good. I read through your posts hoping you would be the one to offer up your insights. The last known doctor of late October called asking "why don't you have a PTP yet"? His lawyer has said "Oh, the Adjuster will not provide a MPN, I tried everything I can and they will not". Its obvious he has no chance with a lawyer that can't even get a list of doctors. Sad thing is they are on the Internet, I was told by a doctor "its California law to post the MPN of each specialty for easy access". Why did my brother have to go around my back and pick someone who is obviously too busy to spend any time? Appreciate you spending your evening to help him out, I will call DWC tommorrow during lunch! Thank you!
 
Reply
#6
(02-01-2018, 11:35 PM)Billy Miller Wrote:
(02-01-2018, 10:09 PM)1171 Wrote: Generally a dissatisfied client contacts another lawyer who will take care of the paperwork to change attys.
If your brother is not competent to make decisions about his claim, the court can appoint a guardian.
Most carriers have a website; it usually has a link to a list of its MPN docs.
Here are he MPN rules he should be able to select any doc ntil the carrier agrees to provide one n the MPN.
http://www.dir.ca.gov/t8/9767_5.html

Thank you, its pretty obvious his lawyer has no intention of doing him good. I read through your posts hoping you would be the one to offer up your insights. The last known doctor of late October called asking "why don't you have a PTP yet"? His lawyer has said "Oh, the Adjuster will not provide a MPN, I tried everything I can and they will not". Its obvious he has no chance with a lawyer that can't even get a list of doctors. Sad thing is they are on the Internet, I was told by a doctor "its California law to post the MPN of each specialty for easy access". Why did my brother have to go around my back and pick someone who is obviously too busy to spend any time? Appreciate you spending your evening to help him out, I will call DWC tommorrow during lunch! Thank you!


My post was too quick, wanted to thank both posts and meant to say "I hope you two would post because you both have much wisdom in Comp, thank you so much"!
 
Reply
#7
(02-01-2018, 11:36 PM)Billy Miller Wrote:
(02-01-2018, 11:35 PM)Billy Miller Wrote:
(02-01-2018, 10:09 PM)1171 Wrote: Generally a dissatisfied client contacts another lawyer who will take care of the paperwork to change attys.
If your brother is not competent to make decisions about his claim, the court can appoint a guardian.
Most carriers have a website; it usually has a link to a list of its MPN docs.
Here are he MPN rules he should be able to select any doc ntil the carrier agrees to provide one n the MPN.
http://www.dir.ca.gov/t8/9767_5.html

Thank you, its pretty obvious his lawyer has no intention of doing him good. I read through your posts hoping you would be the one to offer up your insights. The last known doctor of late October called asking "why don't you have a PTP yet"? His lawyer has said "Oh, the Adjuster will not provide a MPN, I tried everything I can and they will not". Its obvious he has no chance with a lawyer that can't even get a list of doctors. Sad thing is they are on the Internet, I was told by a doctor "its California law to post the MPN of each specialty for easy access". Why did my brother have to go around my back and pick someone who is obviously too busy to spend any time? Appreciate you spending your evening to help him out, I will call DWC tommorrow during lunch! Thank you!


My post was too quick, wanted to thank both posts and meant to say "I hope you two would post because you both have much wisdom in Comp, thank you so much"!

You are welcome.

I just wanted to include there are some employers who do not have an MPN, and if so your brother can treat with any doctor who will take work comp. Most do have an MPN. Either way someone should be helping. If he fires his attorney, then he will be allowed to contact his adjuster directly.

Just a forewarning, even with an attorney this system is slow and often times very difficult to navigate. Nothing like private insurance situation.

Best to you.
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
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Injured Worker has not seen a PTP yet, its 8 months. Any ideas? Billy Miller 6 667 04-21-2018, 03:36 PM
Last Post: California_Help
  2 months since IME appointment jojo87 6 1,046 03-27-2017, 03:54 PM
Last Post: jojo87
  2 months since IME appointment jojo87 0 414 03-26-2017, 03:16 PM
Last Post: jojo87
  CALIFORNIA- 1CM HNP, L4,L5,S1, OUT 10 MONTHS- HOW MUCH LONGER hardwey 2 761 02-22-2017, 03:28 PM
Last Post: California_Help
  Out of work for nearly four months RayC96 2 1,330 12-26-2015, 04:13 PM
Last Post: California_Help
  Off for 2 months and no wage benefits 2000silverz28 5 3,304 07-31-2015, 03:31 PM
Last Post: 1171
  4 months and no money or treatment dwgriff1967 6 2,975 06-30-2014, 05:03 PM
Last Post: Bummer Knees
Toungue CA - IC Refuses Treatment That IMR Found Medically Necessary SickOfTheProcess 4 3,665 05-02-2014, 09:30 PM
Last Post: kev_b
  Hopefully I found a place that can help me now zsduncan 4 3,212 11-12-2013, 12:27 PM
Last Post: 1171
  Found to be at MMI & Benefits stopped kerrtxgjg 5 5,567 06-04-2013, 10:06 PM
Last Post: 1171

Forum Jump:


Browsing: 1 Guest(s)