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

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
attorney pushing to settle/threatened to dismiss me (CA)
#1
hi all - brand new here,like others, wish I'd found this forum sooner. better late than never, eh?

I have loads of questions, but there are a few where I don't feel my attorney is being upfront with me and giving me bad info.

Pertinent details:
I had surgery on my right elbow & hand in 2017; I've never returned to work fully due to continued pain
My latest QME provided permanent work restrictions based on recent MRI and EMG
3% whole person impairment for CTS in each hand
3% WPI for right cubital tunnel syndrome
8% WPI for cervical spine
no mention of left elbow

While the QME was pending (since December), I saw an ortho who referred me for treatment (injection, PT, etc.) The UR is pending.

I ALSO have an IMR appeal hearing set in early August - the PTP requested treatment that was denied based on mistaken assumption that there'd been prior treatment (for some reason my attorney couldn't resolve this in a pre-conference).

My work is figuring out how to accommodate me (we're a small company and I've been here 11 years)

So, my questions are these:

1) My attorney is pushing me to settle. I'm thinking it's actually best to wait to see what treatment is approved/how the hearing plays out. Because it's my understanding that if I settle, treatment may never occur.

2) Given that I'm PD at half the time I was working and may still lose my job due to lack of accommodations, can the attorney appeal the QME ratings?

2) My attorney informed me that my work must determine if they can accommodate me with the new restrictions and if not, they can let me go. He's ALSO said the accommodations are only relevant to the retraining voucher. Which is it?

3) He's also indicated that if I take the medical buyout, I can get treatment through private insurance. But no PI so far has been willing to touch me.

4) When asking questions, he also threatened me "if my client disagrees with my strategy, insists that I take certain action that I disagree with, and refuses to fire me, I request a hearing and ask the judge to dismiss my office as attorney of record." That felt SO wrong and came out of left field. I'm reviewing the contract now to see if he lets me go if he's still entitled to the 15%.

It's amazing how 3+ years of pain that consumes every waking moment of your life can be drilled down to just a few paragraphs. Anyways, any and all comments are welcome.
 
Reply
#2
i assume your claim is under california law.
1) you can settle the PD and leave the medical open or buyout all.
often a settlement for all requires resignation from employer.
decision on settlement really requires an amount e.g. enough for the treatment you want?
2) more on voucher here
https://www.dir.ca.gov/RTWSP/RTWSP.html
https://www.dir.ca.gov/dwc/SJDB.html
3) keep trying
4) atty doesn't have to accept every client. atty is entitled to payment for work performed. if multiple attys then fee is shared.
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
#3
P.S. employer is not required to make a job for injured worker.
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
#4
Glad i could help.
Thankx for posting.
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
#5
You only receiving a voucher if your employer will not take you back.

Private insurance usually does not cover an injury with an open work comp claim, and why you may be having problems now getting treatment through private insurance. However if If you settle and close out your medical then you should be able to use your private insurance, but check your policy. Patients run into problems sometimes telling their private insurance doctors they have a work related injury after they settle. Technically you no longer have a work comp claim after you close your medical. This can be misunderstood by doctors or their office staff and why I have seen some injured workers having problems after closing their claim.

In my opinion one of the most valuable issues here is to keep your job. I recommend to continue to communicate with your employer to try to work it out and return to work. Attorney's don't have a financial incentive to help their clients keep their 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.
 
Reply
#6
Wonder how the attorney knows what the Op's insurance will and will not cover.

I wish I had his/ her crystal ball.
 
Reply
#7
Probably due to Affordable Care Act.

With uncertainty about who will be running the country in the next election, who knows what changes will happen, if any with our countries healthcare and insurance system.
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
#8
I think the OP should just get it writing from the lawyer. If that's exactly what the lawyer is saying.

My lawyer said absolutely not . ACA has nothing to do with it. OP's lawyer says yes mine says no.

Wonder what happens if the ACA is dismantled ? Look like its going that way. I say Medicare for all.
 
Reply
#9
Show me one post on the internet where an injured worker's attorney was not able to use their private insurance after a C&R and I will believe your attorney. So far I have not come across one injured worker who stated this.







ACA has a lot to do with it as it is against the law for private insurers to deny coverage on a pre-existing condition. With a closed work comp case you no longer have a work comp case. You have a pre-existing condition.(IMO)

These are attorney's responding on this link.

https://www.avvo.com/legal-answers/can-i...80275.html

You can do whatever you want and not use private insurance after closing your claim. That is up 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
#10
(08-02-2019, 11:37 AM)California_Help Wrote: Show me one post on the internet where an injured worker's attorney was not able to use their private insurance after a C&R and I will believe your attorney. So far I have not come across one injured worker who stated this.







ACA has a lot to do with it as it is against the law for private insurers to deny coverage on a pre-existing condition. With a closed work comp case you no longer have a work comp case. You have a pre-existing condition.(IMO)

These are attorney's responding on this link.

https://www.avvo.com/legal-answers/can-i...80275.html

You can do whatever you want and not use private insurance after closing your claim. That is up to you.

One lawyer says to withhold material facts ...Lol.

Pre existing injuries or illness that did not arise out of the course of employment are covered under the ACA.

Just make sure to call the private insurer and let the non mpn doctor know the exact circumstances .

The ACA remains silent on a private insurers right to reimbursement.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  skeptical about my settlement ' the insurance company pushing for a settlement.. alvinf478 3 2,931 09-04-2015, 12:34 PM
Last Post: 1171
  3 years, now being threatened, need help and advice please... Kslad83 4 2,563 08-28-2015, 05:57 PM
Last Post: California_Help
  Attorneys seem to be pushing Settlement. Jahlil0712 11 10,115 01-26-2014, 02:13 AM
Last Post: bronco54501
  Settlement? 4% Permanent Disability due to WC pushing out surgery (Florida) WCMessedMeUp 5 30,902 07-30-2013, 03:06 PM
Last Post: WCMessedMeUp
  Should I settle...they are pushing since last summer! FrankenNeck 34 31,868 04-12-2012, 08:13 AM
Last Post: jayc123
  How to dismiss my attorney alagada1 12 12,872 02-16-2011, 08:51 PM
Last Post: 1171
  Got hurt, threatened with job if I turn it in JennaLynnS 3 4,371 12-19-2009, 03:45 PM
Last Post: izell
  Employer is pushing me around!! ariesbratt76 14 7,154 04-24-2008, 06:03 AM
Last Post: Pooh
  Has anyone hired another attorney to fight Dr. reports or Attorney mishandeling Confusedd 17 15,263 02-26-2008, 04:05 PM
Last Post: Still in Limbo
  State Attorney or Private Attorney? jdx4 13 10,920 01-22-2008, 08:50 AM
Last Post: Still in Limbo

Forum Jump:


Browsing: 1 Guest(s)