Legal Question in Workers Comp in California

I&A

The California Code of Profession Responsibility states that once an attorney has told you that you need an attorney, the attorney should disqualify himself/herself from represeinting you, otherwise there is a conflict of interest. It is difficult in practice, but that is the rule.

If you have a statement from the Panel QME that your condition has deteriorated and your are again TTD, you need to document that the insurance carrier has received the report and demand reinstatement of TD. If it is not forthcoming within a reasonable amount of time, then you will need to file for an expedite hearing, which probably means you will need representation. However, the Information and Assistance office at the WCAB and provide you with the proper forms and materials. Also the WCAB can provide you with a list of panel attorneys in your area.

I suggest you proceed right away because there is a substantial backlog at many courts and it takes months to get a hearing on almost any issue.

Re: how to get back on total temporary disability after being put on permanent a

You can request a supplemental report, but in all honesty, YOU MUST HIRE AN ATTORNEY! I've worked both on the defense and applicant's side and and I know that those who try to go this alone usually get screwed. Please call me. 818.943.0462.