Legal Question in Workers Comp in California

My 3rd party PI attorney was paid $15,000 for subrogation recovery without my knowledge or my w/c case closing. It is still active.

Nobody can explain this payment to me. My injury was March of 2004 and this payment was made to PI attorney in 2007. I have not received any money form w/c since 2007 nor have my medical bills been paid since or my medication. To my understanding this payment was not legal. What to do? I believe subrogation recovery was my PI attorney allowing the w/c company to intervene

as he did not show up to court the day they filed for a credit after we paid them $200.000 for a lien from the 3rd party settlement. PI attorney told me we owed them no more money. My PI attorney and the w/c ins attorney are friends and he told me at our mediation that w/c ins attorney was our friend. Is this legal. The credit is for $125,000. I do not understand and was never told or given any paper work regarding this. When the settlement papers were signed for the 3rd party this was not disclosed. I found out when my Dr. received paperwork saying w/c case was settled and there would be no more payments. As I said the case is still pending and waiting for trial. So they say. W/C attorney knew nothing. Where is this in your laws.

Asked on 7/19/10, 3:25 pm

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1 Answer from Attorneys

Michael Devin Law Office of Michael Devin

You have a right to receive information from your third-party attorney, I suggest that you schedule an appointment with that attorney at once. If your workers' compensation case is still active, you may request that a pre-trial hearing be set in front of the workers' compensation judge and have your compensation attorney issue a subpoena to compel the third-party attorney to attend and explain the payment. If the workers' compensation judge believes that the payment is illegal the judge can make the appropriate orders to rectify the situation.

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Answered on 7/19/10, 9:17 pm

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