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  1. #1
    Join Date
    Feb 2010
    Location
    California
    Posts
    15

    Default Lawyer's % of FMC

    C & R question.

    If lawyer gets % of total lump sum, and his fee is more than the indemnity due, is the rest of the money all allocated to FMC? I'm not medicare eligible nor plan to be in the foreseable future so I do not need a WCMSA. Shouldn't the lawyer just get the percentage of the indemnity due and not deplete what little FMC money the ER/IC is willing to part with?

    If I wait until settlement by stips and the indemnity is paid out and then ask to C&R the FMC pro per, will attorney still be awarded a % of FMC?

    I am aware of the consequences of FMC buyout, BVia. I know I must pay for my covered injured parts hereforth until I die or until I am Medicare eligible and have exhausted those dedicated funds spending them only on medical needs for the injured parts.

    Thanks for any response.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Lawyers % of Fmc

    C&R settlements are actually "new money"... just a lump of cash for your consideration to drop fruther claim for this injury.

    While the dollar amount may be calculated based on the PD/WPI indemnity, and/or FMC award... those are just starting points for coming up with a number equitable or agreeable to both parties.

    That said... depending on whether or not you are repped at the time of a C&R, the issues being resolved etc... the AA fee is based on the full dollar amount of the C&R.
    IE... if the full indemnity is due... and FMC is included...then a fee would be due on the full amount.
    IE, if the indemnity is partially paid, and FMC is being paid... a fee would be due on the full amount.
    IE, if you are not repped at the time of a C&R on FMC...there would be no fee on those dollars.

    If lawyer gets % of total lump sum, and his fee is more than the indemnity due, is the rest of the money all allocated to FMC?
    The only way a atty fee would be more than the indemnity is if a protion of the indemnity had been paid out.
    If the FMC is such, high dollar amount, to cause the fee to be that high....you'd have to presume the indemnity rating was significant.

    Not sure of your question.
    Regardless...AA is entitled to a fee based on the amount of work performed.

  3. #3
    Join Date
    Feb 2010
    Location
    California
    Posts
    15

    Default Re: Lawyers % of Fmc

    In a C&R, who decides how much work the AA performed and how much they are entitled to in the end?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Lawyers % of Fmc

    AA has to submit a petiton to the WCAB judge for award of fee.
    Including an outline of the work performed.
    AA fees average 9% to 12%, seldom above 15%. AA fees are not set by statute... there are legislative or Title 8CCR's that govern fees.
    Judge must award AA fees...or the ER/IC can't pay. No monies may be taken from any IW benefits or settlement cash w/o a judges order.

  5. #5
    Join Date
    Feb 2010
    Location
    California
    Posts
    15

    Default Re: Lawyers % of Fmc

    Thanks BvIA for the very specific answer I was searching for.

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