My workers compensation claim was made in the State of: NY
Attorney trying to settle Section 32 Settlement
Currently have two open comp cases. Second case happened in 2002 and involved the head, neck and upper back, more. Until a recent comp hearing my head has not been a part of the case (although my attorney indicated at hearing that it should of been). My understanding was that my head was included right from the get go because that is what impacted. Recent medical indicates major cognitive issues (due to brain injury). Have other physical documented issues too.
Attorney sent the following e-mail to the section 32 adjuster that I find unprofessional. (and wondering if maybe I am missing the bigger picture)?
32 discussions have gone on for YEARS in this case. please be so kind as to forget about the cognitive issue as her demand didn't consider it and any further development of medical evidence would again greatly delay this coming to fruition and claimant is desperate due to financial problems. she is quite frustrated with her current state and wants a settlement to help her relocate near her boyfriend who lives in another state. she just wants to cut the comp umbilical cord and get on with her life. so please consider meeting her offer as soon as u can.
1. Thought our conversations were private/protected and never dreamed they would show up in an e-mail. Nor did I give him permission to include in e-mail.
2. "forget about the cognitive issue as her demand didn't consider it and any further development of medical evidence would again greatly delay this coming to fruition". Really, Should an Attorney forget an issue as serious as this?
2. Did tell him i wanted to settle but never told him "claimant is desperate due to financial problems".
3. My personal business is just that, personal. Shouldn't be put into an e-mail to a NYS section 32 Adjuster.
Currently on SSDI and Partial Comp.
Did contact another attorney before this e-mail and was told basically, that my case(s) is too old to be a financial gain. Not sure what to do. Looking for legal advise and direction.
Tried to keep short ask questions if needed.