Legal Question in Workers Comp in California

On average how much wud a work comp attorney cost to sopena to obtain a Report?

Asked on 1/02/12, 11:23 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

You would have to contact a copy service to suboena the records from the doctor. However, they will charge you out of pocket if you have not filed a workers' comp case with the WCAB.

My suggestion is to contact my office and set up a free consultation at 1.877.505.INJURY.

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Answered on 1/02/12, 11:33 pm
Nancy Wallace Nancy Wallace Atty at Law

The WCAB Awards me fees of $325/hour (for time at depositions, and time defending frivolous actions). YOU DO NOT NEED AN ATTORNEY TO OBTAIN A REPORT.

HERE'S THE TROUBLE: AN Attorney cannot just stumble into an ongoing case and subpena one report. In comp, the attorney signs on as Counsel of Record and must represent that client in all actions on that claim. And no attorney fee agreements are allowed so the attorney couldn't get paid for just subpenaing one report then resigning as counsel of record.

IF THE REPORT is on YOU, you are entitled to a copy of the report. If it isn't about you, you cannot get it anyway.

Have you tried just faxing a WRITTEN request to the Custodian of Records of the place where the report is stored and requested a copy of just this one report? They can charge you a reasonable fee to dig it out of storage and copy it and print it, but it shouldn't be more than about $25.

ALSO: if you have no attorney, the insurance adjuster is obligated to 'serve' (mail with an oath of mailing) a copy of the report to you at the Insurer's expense. So you should be able to get a copy of any report generated as an evaluation in your claim for free.

Hope that helped.

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Answered on 1/03/12, 11:38 am

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