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  1. #1
    Join Date
    Oct 2013
    Posts
    2

    Default Attorney Fired Me

    My attorney called me 20 minutes before Stipulation Settlement conference to try to intimidate me to agree to sign the stip. I refused. He informed me to get a different lawyer. I assume he will put a lien on my case. At stip I represented myself. Judge agreed to give me time to obtain another attorney.

    Complicated case. Almost 2 years in the works. Settlement agreed to pay me all of my indemnity claim but would forgo reimbursement of attorney's fees as well as any claims for penalties. One might think that seems reasonable. Give and take, right.

    The problem is that I obtained e-mails (through the Minnesota Data Practice Act) between the employer's 3rd party administrator and the employer that show that the W.C. administrator most likely altered my doctors Report of Workability. The e-mails show the W.C. Admin. stating "what a joke" and "Ridiculous" referring to my doctors diagnosis of Acute Work Related. Twenty days later the W.C. Administrator filed the R.O.W. with the MN Dept of Labor and Industry.

    I filed a complaint with the MN Dept of Commerce of fraud committed by the Work Comp Administrator. They did 2 investigation and closed the file. Through more data requests I found that they never even addressed the emails with the W.C. Admin.

    I probably should have taken the settlement but i suspect if I did there could never be any accountability for this very large and successful Work Comp Administrator.

    I guess my question are: Will it be difficult to obtain another attorney now that their is a lien on my case? Is there any other way to try to hold the W.C. Admin accountable for obvious fraud.



    .

    - - - Updated - - -

    Correction: 3rd paragraph, last sentence should say, Twenty days later the W.C. Administrator filed the R.O.W. WITHOUT Acute Work Related with the MN Dept of Labor and Industry.

  2. #2
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: Attorney Fired Me

    Where is the "obvious" fraud? I don't see it. You found an email where someone expressed a negative opinion. Where is your evidence that a return to work slip was changed? Two investigations of it have not found it.

    On the other hand, maybe someone simply made an honest error. That should be fixable by your lawyer.

    Fraud such as what you describe should be easy to prove, if it actually exists. Just get a copy of the original return to work slip from the doctor's office and compare it to the one that you think has been altered. An alteration will then be obvious. Evidently neither investigation turned up an altered RTW document.

    Yes, I suspect you will have a hard time getting another lawyer, even before you get to the issue of the fee lien.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  3. #3
    Join Date
    Oct 2013
    Posts
    2

    Default Re: Attorney Fired Me

    Quote Quoting complwyr View Post
    Where is the "obvious" fraud? I don't see it. You found an email where someone expressed a negative opinion. Where is your evidence that a return to work slip was changed? Two investigations of it have not found it.

    On the other hand, maybe someone simply made an honest error. That should be fixable by your lawyer.

    Fraud such as what you describe should be easy to prove, if it actually exists. Just get a copy of the original return to work slip from the doctor's office and compare it to the one that you think has been altered. An alteration will then be obvious. Evidently neither investigation turned up an altered RTW document.

    Yes, I suspect you will have a hard time getting another lawyer, even before you get to the issue of the fee lien.

    Thanks for your reply.

    I am not sure if you read the correction I posted to my original thread.

    I have already done what you suggested. The MN Dept of Labor has even told me that the insurance firm must have altered my medical document but here in Minnesota the enforcement of insurance fraud lies only with the MN. Dept of Commerce.

    Minn. Stat. 176.195 states the Commissioner WILL revoke the license of insurer if found guilty of fraud. The insurance firm does millions of dollars of revenue here and over 100 million nation wide. Minnesota just voted 8th best state to do business in. I wonder why?

    Just recently, press articles in twin cities: Motorcyclist charged with fraud by the MN Dept. of Commerce for submitting fake claims to insurance firm. He is facing 20 years in prison and a 100,000.00 fine. Great. Fraud should be dealt with severely. It shouldn't just be the little guy, though. It should work both ways.

    I better reread my original thread as I was pretty tired when I wrote it. I probably left out something that would better show the obvious fraud.
    I appreciate you taking the time to respond. Thank you.

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