Legal Question in Workers Comp in Pennsylvania
my wc claim was recently denied by the wcab.i feel my attorney was very passive and content with just sitting back and letting things happen. if i decide to appeal again can i get a new attorney? diagnosed with TOS and judge says not enough proof that it was due to my job.attorney never submitted into evidence my work file showing that for 10yrs. i worked 10 &12 hr. days at a very fast paced highly repetitive job. also if i dismiss him do i have to pay him?
1 Answer from Attorneys
First, in WC proceedings, your attorney only gets paid if you win. Any other arrangement has to be approved by the WC Judge. So you shuld feel free to dismiss him. If the WC Appeal Board has already denied our claim, I am assuming that you went through hearings before a WC Judge first, and lost. That leaves you only 2 options: Find an attorney willing to appeal your case to the Commonwealth Court (which must be done quickly), or consult with an attorney who does legal malpractice work and have him review the work that your original attorney performed. Such an attorney will probably agree to review your file for no cost and if he believes that you have a case, he would represent you on a contingent fee basis. Whatever you choose to do, you should do it quickly.
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