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  1. #1
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    Dec 2017
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    Default W/C Attny Overcharged Legal Fees

    My W/C attrny overcharged legal fees on 3rd party settlement by taking his %out of gross settlement opposed to net according to law R-1-27(c)Governing Legal Fees in 2003 just realized plus respondents Lien on Settlement for med&indemnity paid @ 2/3rds lawyer then kept remaining $ money opposed to returning to injured party both totalling $39k &21k = $ 60k in 2003

    Bugman remember me Crabby from 2011 still at it much disclosure & Discovery next hearing January 19, 2018 need HELP

  2. #2
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    3,760

    Default Re: W/C Attny Overcharged Legal Fees

    Are you complaining now about something that happened in 2003?
    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
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    Dec 2017
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    Default Re: W/C Attny Overcharged Legal Fees

    Bob Bolinger this is crabby2 evidently your nth Carolina W/C is not as up to date as N.J. Comp we have a rule sec 40 of which I can't imagine you could even understand it's pompous attorneys like yourself that think the injured works for you! Why you would even remark on an issue you would never understand is beyond me? Do me a favor and consider your lame remarks before you make them! How astute can you be? Stay in nth Carolina law and don't remark unless you have a valid answer of which yours was not helpful? I quote are you all complaining about something from 2003? Get a life Bud you must have just made it out of nth Carolina law school???

  4. #4
    Join Date
    Oct 1971
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    5,053

    Default Re: W/C Attny Overcharged Legal Fees

    Quote Quoting Crabby2 View Post
    Bob Bolinger this is crabby2 evidently your nth Carolina W/C is not as up to date as N.J. Comp we have a rule sec 40 of which I can't imagine you could even understand it's pompous attorneys like yourself that think the injured works for you! Why you would even remark on an issue you would never understand is beyond me? Do me a favor and consider your lame remarks before you make them! How astute can you be? Stay in nth Carolina law and don't remark unless you have a valid answer of which yours was not helpful? I quote are you all complaining about something from 2003? Get a life Bud you must have just made it out of nth Carolina law school???
    For starters, you're way past the statute of limitations to take action on something from 2003 - check the language in those settlements to see if there's a clause saying different (I doubt it, why would they?)
    Secondly, who are you to tell an attorney about law?
    Are you an attorney or just pretending to be?

    As far as quoting rules or laws, you need to post the relevant section and the source for the rule you're referencing.
    Section SECTION 40 is in reference to double recovery by the plantiff , it has zero to do with the statute of limitations on a 14 year old case.
    The attorney is entitled to a percentage of the total benefits obtained on your behalf through litigation - that would be the total, not what's left after subrogation or reimbursements.

    SECTION 40
    (e) As used in this section, “expenses of suit” shall mean such expenses,but not in excess of $750, and “attorney’s fee” shall mean such fee, butnot in excess of 33 1/3 %
    of that part of the sum paid in release or in judgment to the injured employee or his dependents by such third person or his insurance carrier
    to which the employer or his insurance carrier shall be entitled in reimbursement under the provisions of this section, but on all sums in excess thereof, this percentage shall not be binding.
    http://tcms.njsba.com/personifyebusi...40%20liens.pdf

    Section 40 Liens and Workers’ Compensation
    Section 40 liens are put in place to prevent double recovery. To put it simply, an employer and its insurer have the right to reimbursement for medical and temporary benefits paid to an employee if a third party was liable for the injury. Therefore, if an injured worker is seeking compensation from a third party, the employer/its insurer can apply a lien to the claim, asserting their stake of the damages awarded.
    https://www.maggianolaw.com/section-...-really-stand/

    New Jersey Civil Statutes of Limitations
    A statute might even provide, for instance, that you have two years to bring an action from the date you knew or should have known that you suffered some kind of harm, but in no event do you have more than six years from the date of the event in question. Examining the law would provide you with that level of detail.
    Contract (in writing): 6 years or 16 years
    N.J. Stat. 2A:14-1; N.J. Stat. 2A:14-4
    https://www.lawyers.com/legal-info/r...mitations.html

    Time Limits for Filing Claims
    Important: There is a two year statute of limitations that applies to workers' compensation cases. A formal claim petition must be filed within two years of the date of injury or the date of last payment of compensation, whichever is later. Medical treatment authorized by the employer is considered a payment of compensation. In cases of occupational illness, such as asbestosis, lead poisoning or hearing loss, the claim petition must be filed within two years from the date the worker first became aware of the condition and its relationship to employment. Please note that the filing of an application for an informal hearing does not stop the two-year statute of limitations from running.
    http://lwd.dol.state.nj.us/labor/wc/...ing_index.html

    Clean up your talk or don't post, I won't have people talking trash in this forum - this isn't the White House.
    Final Warning!!

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Dec 2017
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    5

    Default Re: W/C Attny Overcharged Legal Fees

    My apologies to all on my extremely rude comments. I know better then to allow my angers get the better of me! My W/c case permanency hearing in 2008 has been questioned since 2011 with many letters by my attorney to the respondent on not providing medical as per judges order thus providing future medical coverage. They just reimbursed me my copay for treating specialist and medications thru 2011 @ 27% not the 100% as ordered, and still owe all of 2011 thru present. My W/C appeal to the court has been heard 3 times by 2 judges 1 being the assigned judge. They have given respondents named many cycles respectively to each hearing to get their files in order to respond. The carrier presents 2 pages of expenses on my behalf thru 2011 as their only proof and a statement from the carrier that, We feel we haven't done anything wrong,as I quote. The SIF /DOL attended without any of my records?

  6. #6
    Join Date
    Oct 1971
    Posts
    5,053

    Default Re: W/C Attny Overcharged Legal Fees

    To be honest, what you're posting makes zero sense, there is a two year statute of limitations that applies to comp cases, if the last time of "expenses" was 2011 you're long past the statute - this case was closed five years ago.

    Never heard of anything close to what you're describing, two appeals and the judge telling "respondents" (whoever that is) to get their files in order to respond - maybe they don't want to, now what?
    Judges don't get involved in ordering either party to do anything - that's up to their discretion.
    It's your job to produce objective evidence to support your claim, that carrier isn't obligated to do anything - they don't even have to present a defense if they feel you don't know what you're doing and wasting court time.

    Why would anyone respond to a dead case, it's closed.

    I have no idea of what you're talking about, never heard of any of it and I've been doing this for centuries.
    Now what does all of this have to do with why you attacked Bob and the title of this thread - `"W/C Attny Overcharged Legal Fees"
    You kinda changed topics didn't ya?

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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