Legal Question in Workers Comp in California

My California Work Comp Attorney had my case for four months. I never actually met him, his Legal Assistant handled it all from beginning to end. After four months of consistent errors, mistruths and a lot of ineptness on my case by this Legal Assistant, I emailed the Attorney and very carefully, and in much detail, explained to him all of the errors and incompetence, not to mention the disregard of Fiduciary Duty that was the status quo on my case due to his employee.

Two days later, the Attorney decided he did not want to "represent" me anymore and that I "should find an Attorney that best meets your expectations". Go figure....

Thirty days earlier, I had specifically requested to the legal assistant, over the phone, that we not attempt to follow up with a QME as we already had a P&S Report and I wanted to resolve and complete the entire case. Come to find out on September 2, they had contacted the Insurance Company anyway, and asked for a QME examination and were waiting to make an appointment.

My question is: Their disregard for Fiduciary Duty, Work Ethic, Client Case Integrity is unacceptable and quite frankly nauseating. Are they not supposed to see this case through, regardless of the fact they were busted by me for screwing up so much? Not that I actually want them to continue representing me, but since they have had the case four months, and now we are at the point were the demand letter was supposedly gone out to settle(possibly another lie)?

Asked on 9/07/16, 2:25 pm

1 Answer from Attorneys

David Lupoff Law Offices of David B. Lupoff

Sorry to break the bad news to you, but you do not understand work comp law. The defendant has no obligation to settle on the applicants p&s report alone. In addition, a p&s report alone is not enough to proceed to trial. There must also be either an agreed medical evaluation or a QME. That was why your lawyer was proceeding with the QME.

Good luck

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Answered on 9/07/16, 2:41 pm

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