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  1. #1
    Join Date
    Aug 2011
    Posts
    19

    Unhappy Attorney Put Lien on My Workers Comp Case

    My workers compensation claim was made in the State of: California

    Good Saturday Morning! I've posted here before. Here's a quick rundown of case.
    My injuries that I suffered on the job were so bad that I was retired. For the last year no treatment on lower back area. Doctors can see the injuries on MRI and xray. Comp. denies all treatment. I had a MRI done in 2008 shown a tore disc but, didn't find out until January of this year. This was left out of report. After countless appeals I received another MRI this year. Still have the torn disc and a budge disc. Attorney did nothing to help me receive medical help. There office was the worst. I couldn't of picked a worst one if I tried. Next I fired Attorney in April 2011 and last week I had to go pick up file at his office. I also asked for that in April.
    Today I receive a lien from Attorney. I assume that's just in case I'm award anymore settlement for the recent discovery of injuries. After firing the attorney I talked with my adjustor. He made appointment for me to see the same QME which I go see in a week or two. I would of been ok with my attorney doing that for me. One year later and no treatment. I can barely get out of bed each day.
    My attorney deserves nothing more. I tried to get another attorney but, the damage is done, the reports are in. One attorney said I may have a Malpractice case.
    So can I file something to stop this with the Courts and have the Judge decide? This attorney is on probation right now. My attorney office put me through so much stress that it's a relieve not to deal with them.
    Right now I have no more coming as far as settlement. QME with all the new Doctors reports in front of him may deny me. Nothing surprises me anymore. I'm trying to go on and have a life. The pain gets to me some days more than others but, always in pain. His office staff was abusive to me and I let the Attorney know. No return call. I have all the emails and threatened letters I received. I'm easygoing personality. I didn't know what the attorney was suppose to do for me. I thought my Doctors do all the fighting for treatment. Which they did but there comes a point when the Attorney needed to step in and help. So far my attorney has $200.00 coming from my case which he knew the percentage wasn't right and that was in November of last year. Never helped me at any point either. I received no help from Attorney period except put my two cases into one. Thats it! I went the extra mile to make sure Attorney had all appeals from Doctors offices.
    Please someone let me know if I can dispute his lien?? Thank you

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Attorney Put Lien on My Workers Comp Case

    yes you can file an objection. you can also request an itemization of services in support of the attys lien.
    your objection should not be based on what/why you don't like the atty or how you thought the case should be handled.
    you might be able to get detailed help from the I&A officer
    http://www.dir.ca.gov/dwc/IandA.html

    you can also file a complaint with the state bar.

  3. #3
    Join Date
    Aug 2011
    Posts
    19

    Default Re: Attorney Put Lien on My Workers Comp Case

    I agree with you and thank you for replying. It's so emotional that you can get off target. I realize that more now. Because of the pain and if I didn't receive retirement we would of been in foreclosure. I must be thankful because it could of been even worst. I am going to take your advice and file an objection. Self control and doing the best you can to save yourself is really all you can do. Life sometimes isn't fair. You just do the best you can and try and not let the bitterness take over you. I have a choice to make the best of my life or let the pain destroy me. I would hate to live another 20-30 years and be bitter. That's not living. Thank you again and really reminding me what is important and what isn't.

  4. #4
    Join Date
    Aug 2011
    Posts
    19

    Default Re: Attorney Put Lien on My Workers Comp Case

    Just a follow up note. I called and talked with a I & A officer. I will file a objection and it sets in file until we settle. Then apparently my fired attorney and I agree on a settlement amount. If we disagree then it goes to trial. After it's all said in done I don't think there is going to be any money to fight about. I will file objection because that is all I have. Along time ago I requested the papers from the State Bar. I recieved them and I don't want to re-live the nightmare but, yet don't want anyone else to go through what I went through. Yet, nothing would probably happen anyways.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Attorney Put Lien on My Workers Comp Case

    You can file all the objections you like... it's up to the WCAB judge in awarding atty fees... IW"s have little to no input that is actually relative to the matter.
    AA/Applicant Attys are entitled to a fee based on the work performed... fees in Calif claims average from 9% to 12% with 15% being the cap in all be complex claims. AA's must petition the court for fees to be awarded...and justify the request.
    At the current fee schedule... not likely to be reduced.

  6. #6
    Join Date
    Aug 2011
    Posts
    19

    Default Re: Attorney Put Lien on My Workers Comp Case

    I understand... The attorney I hired will receive 15% whether or not he was a good attorney. That doesn't matter. Once I signed on the line. He will receive 15%. The incentive for the attorney should had been to have my best interest at heart. Afterall 15% isn't that much because of the ratings. Very low ratings and the attorney agreed. He never moved forward and never attempted too at least get me medical treatment. So one year later and no treatment. Who failed me? The system? The attorney? My Doctors? Myself?? I picked the wrong attorney so I'm responsible. Everyone out there check with the State Bar first..... The reviews could be hogwash. I'm paying the price and I will have to live with it probably for the rest of my life. Until I can push through the pain or be healed. My fired attorney has it made. Doesn't have to share the 15% and continues to do nothing. I will say there is (was) a lot of paper being filed in my folder and he did have to pay someone to do that. So I can see both sides.

    ---------- Post added at 11:40 AM ---------- Previous post was at 11:28 AM ----------

    BTW... I say incentive because 15% isn't alot of money. I would not become a workers comp attorney to work so hard for 15% unless it was to help people. As I found out, thats not always the case. Just my opinion.

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Attorney Put Lien on My Workers Comp Case

    Your atty is not responsible for getting you treatment... your PTP is.
    No one is disputing you are injured..or need medical care... the disptue is over liability, who's going to pay for that treatment. The courts are there, ultimately to make that determination when the parties can't.

  8. #8
    Join Date
    Aug 2011
    Posts
    19

    Default Re: Attorney Put Lien on My Workers Comp Case

    Yes the Attorney office did tell me that it was not their responsible for getting me treatment. I would like to get to the court part. Because nothing is getting to the treatment part. I think I have wore out three doctors offices on appeals. I would like a court to settle it. I go to the Doctor almost every two weeks. The other day I thought I might have to go to ER. The pain was that bad. Thanks

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Attorney Put Lien on My Workers Comp Case

    You are in Calif...there is a process for your PTP to request treatment...its' called UR/Utilization Review... you are entitled to see a Dr, until you cash out the claim, or die.

    If you are having difficulty in accessing treatment...get on your attys ass, or change and rep yourself as pro per. An I&A officer will then be able to assist you.

  10. #10
    Join Date
    Aug 2011
    Posts
    19

    Default Re: Attorney Put Lien on My Workers Comp Case

    My PTP request treatment and many letters from UR/Utilization Review. They disagree with my Doctors treatment. Three Doctors say I need the same injections. So now after I fired my atty because I was on his office ass to help me and his office did nothing. I've been rated almost everything and I tried from one end of California to the other to find another attorney to take my case before firing atty. Unfortunately for me there is no money to be made on my case. Too big of a gamble to get reports throw out when you don't know what a new QME report would say. I met with atty's or sent my records to be review. One attorney that I contacted told me to talk with a malpractice atty. right away. One atty said contact him if I couldn't find anyone else. Problem is he wants me to sign off on medical in and get a lump sum. That part is more involve but, at any rate I don't want to do that because I have a torn disc and bulged disc. I'm under 50 and think that would not be in my best interest. But, since my fired attorney lien my case which should have not been a surprise to me. My stress level went down without having to deal with that office. I will contact an I&A officer and see if they can help me get treatment. I had sciatica nerve pain and test showed a pinched nerve, SI Joint dysfuncion, and disc problems. I get pain pills. Today I will ask for a non narcotic pain meds. Next I'm looking at food that naturally takes down immflammation in the body. I'm on blood thinners and can't take anything like motrin. I use ice and heat. Also taking vitamins and trying to help myself. So I can see where people get depressed, stressed out and die. I'm trying to save myself. I have a choice. I can't live being bitter. Accepting and moving forward. I hope that happens. The doctors wanted facet injections and now injections into my muscles in the L-5 -S1 area. My muscles are tight so they spasms all the time. I can't feel two of my toes on right side. So will check things out with I & A officer and see what happens. Thank you

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