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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default How to File a Formal Complaint Against Your Worker's Comp Attorney

    My husband is finishing up his case and his attorney wants him to sign documents completing his case. His attorney is rushing him and my husband sent a few documents signed but then found out that the MSA (Medicare Set Aside) was going to be disbursed over 30 years!! My husband wiill be 48 this year so it won't be finished being paid out until he is 78! We were furious. We told our attorney that we won't sign anything more until we have this payout for future medical in a reasonable amount of time. Our attorney called us back (literally 5 minutes later) and told us that they talked with the other side and that the other side said they would disburse the funds in one lump sum. We don't believe our attorney and want to file a formal complaint. We asked our attorney to have this put in writing but the opposing attorney. This is only one of many lies we have caught attorney in. Does anybody know how we can file a complaint against our attorney? We don't want to close our case but want to leave the medical open. We already signed some of the documents. Please help.

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: How to File a Formal Complaint Against Your Worker's Comp Attorney

    for information on resolving a dispute with your atty
    http://www.calbar.ca.gov/Attorneys/L...egulation.aspx

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How to File a Formal Complaint Against Your Worker's Comp Attorney

    found out that the MSA (Medicare Set Aside) was going to be disbursed over 30 years!! My husband wiill be 48 this year so it won't be finished being paid out until he is 78! We were furious. We told our attorney that we won't sign anything more until we have this payout for future medical in a reasonable amount of time.
    You have no grounds for complaint against your atty.
    The future medical reimbursement is not an entitlement in any settlement. There is no law that says the ER/IC must pay you for future medical care. That is a negotiate amount. The only reason CMS is involved is due to Medicare eligibility.
    Even if you got the money lump sum, you still have to self attest to CMS/Medicare annually on where/what the money was spent for.

    WCMSA can be funded by annuity or lump sum. Either way, you can't spend that money on anything but what Medicare would otherwise/normally be responsible for.
    With an annuuity, the ER/IC funds the first 2 years...then the annuity deposits annually after that.
    Also with an annuity, you can receive a cash lump sum up front...and structure to receive periodic lump sum distribution say every 3 years. Depends on what is in the IW best interest.

    Having an annuity vs a cash payment is sometimes in the IW best interests...as well as there may be a higher dollar value over time. Your atty hasn't done anything that isn't in his best interests here.
    We don't want to close our case but want to leave the medical open.
    The claim will not close until HE has signed all the agreement/documents and the ER/IC has as well. The atty cannot close a claim without the IW agreement. Then, a WCAB judge must review and approve.

    You can't leave the medical open in a C&R settlement.
    You can take the PD indemnity in bi weekly payments... and leave the medical open. And, you can petition the court to commute any remaining PD indemnity due.

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