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wants to pull appeal or settle?
#1
In California.

My employer basically said they agree with the AME report that my disability was industrially caused. My lawyer had set up the mandatory settlement conference. The lawyer didn't consult with me at all, not even before the MSC. Came out after the conference and said it was going to trial because the two sides couldn't agree. My wife and I feel that the lawyer lied about many things so we don't trust that it was the other side that wasn't being reasonable. One thing was that I was told before the conference by someone in the law office not to bring anything, but since found out that that's not true. My wife and I decided to fire the lawyer and go pro per (esp. as we're reading that most likely another lawyer won't take on the case just to split their share with the original lawyer).

We're wondering if we can go to the appeals board and pull the appeal -- would that mean I would get the percentage listed in the letter the employer had sent months before (assuming that they don't want to go to trial, either). We will try to contact the employer's lawyer to see if they'll settle now.

Thanks in advance for the info.
 
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#2
your either very stupid or very smart and I dont know which....your lawyer cannot agree or disagree to any settlement without your okay so if he came out of there saying they couldnt agree there must have been offering no more money for you or him without going to court.Did he tell you anything?without a lawyer this last bit could be hard this is where they come in handy with all the paper work and such..good luck
........I love cats, I just cant eat a whole one by myself......







 
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#3
Not a wise move. Since you have had a knee-jerk reaction by terminating the services of your attorney, the claim will continue to trial and the DA will chew you up and spit you out.

Maybe before you fire your attorney, you should have some face time with him/her and ask to be briefed on what the issues were at the MSC that are still in dispute.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#4
(12-18-2011, 11:30 PM)stressed worker Wrote: In California.

My employer basically said they agree with the AME report that my disability was industrially caused. My lawyer had set up the mandatory settlement conference. The lawyer didn't consult with me at all, not even before the MSC. Came out after the conference and said it was going to trial because the two sides couldn't agree. My wife and I feel that the lawyer lied about many things so we don't trust that it was the other side that wasn't being reasonable. One thing was that I was told before the conference by someone in the law office not to bring anything, but since found out that that's not true. My wife and I decided to fire the lawyer and go pro per (esp. as we're reading that most likely another lawyer won't take on the case just to split their share with the original lawyer).

We're wondering if we can go to the appeals board and pull the appeal -- would that mean I would get the percentage listed in the letter the employer had sent months before (assuming that they don't want to go to trial, either). We will try to contact the employer's lawyer to see if they'll settle now.

Thanks in advance for the info.


yes you can cancel the hearing.
whether the offer to stipulate to the AME rating is still good is unknown until you contact the employer.

P.S. unless the employer is self-insured you'll have to deal with the carrier. they don't have to go with what the employer says.
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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#5
(12-18-2011, 11:30 PM)stressed worker Wrote: In California.

My employer basically said they agree with the AME report that my disability was industrially caused. My lawyer had set up the mandatory settlement conference. The lawyer didn't consult with me at all, not even before the MSC. Came out after the conference and said it was going to trial because the two sides couldn't agree. My wife and I feel that the lawyer lied about many things so we don't trust that it was the other side that wasn't being reasonable. One thing was that I was told before the conference by someone in the law office not to bring anything, but since found out that that's not true. My wife and I decided to fire the lawyer and go pro per (esp. as we're reading that most likely another lawyer won't take on the case just to split their share with the original lawyer).

We're wondering if we can go to the appeals board and pull the appeal -- would that mean I would get the percentage listed in the letter the employer had sent months before (assuming that they don't want to go to trial, either). We will try to contact the employer's lawyer to see if they'll settle now.

Thanks in advance for the info.

The case is going to trial because your attorney and the carrier's attorney cannot agree to a settlement amount. If the defense attorney offered settlement, your attorney is required to advise you of it. How much were the sides trying to settle for?

If you are going to go it alone, so be it. You should find out what the settlement amounts were in order to resume negotiations. You should also be ready for your now former attorney to file a lien against your settlement so he can get his cut.
 
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#6
One major problem is that my lawyer told me several things right after he came out that were very contradictory. (this in addition to having the office tell me not to bring anything and then telling me after the MSC that I need to provide within minutes a list of witnesses and documents). He also argued with us about what we decided were the important issues involved. It was as if he wanted me to walk away from the case (which, from what I understand, would mean he could continue, even call me in testify, but I wouldn't be entitled to any $). In actuality, it's not even the money for me, it's the percentage of disability.

I talked to the therapist after that who wasn't too pleased either after hearing the account that my wife and I wrote up about it.

I know that the lawyer is supposed to come out with any settlement offer, but after his performance, can not trust him. And don't have any confidence that he can do a decent enough job at any trial. Especially if he isn't willing to sit down with me and talk sensibly.

My wife and I did take a while (since the case is off calendar right now) and discuss the options. It wasn't as if the conference happened last week. And I had requested some info from the lawyer while he was going crazy after the conference (this isn't an exaggeration -- he had asked for unlimited medical benefits, which I wouldn't have gone along with, and was probably what got the opposition wanting to walk) and the lawyer had said "no problem." But since then, I have gotten the run around from his staff.
 
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#7
Ok, gotcha now. Not a recent event.

Remember that the WCAB will have to review the record and determine what fees your former AA will be entitled to. You need to consider this when negotiating with the IC. You will STILL have to pay the attorney something from any settlement you get.

I can see your frustrations here.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#8
In california the default finding from any award that fixes the permanent disability %, is lifetime medical.
it's the law and is not limited by time or amount.
only a Compromise & Release that buys out all liability will terminate lifetime medical.

you can find out about awards and compromise & release from the factsheet on PD here
http://www.dir.ca.gov/dwc/iwguides.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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#9
if he went that bonkers maybe you can file something thru the court about him not repping you right and not have to pay him at all...just saying if their were witnesses to his crazy behavior..........
........I love cats, I just cant eat a whole one by myself......







 
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