Legal Question in Workers Comp in California

Workers Comp Attorney Fees

How are atty fees generally paid to the atty? Husbands claim was settled by stipulation last week, and some past due temp disability benefits that were not previously paid to him, and were still owing were somehow diverted to our atty. Atty claims that he had his fees ''commuted'' to the front end of the settlement, and that if he had not done this, the insurance company would have charged us an additional 3% to pay his fees. His contract was for 12%, so why would we be charged an additional 3% to have him paid by the insurance co? He knew that we are horribly short of cash and behind on bills, and needed that money. We questioned him within 60 seconds of signing agreement, and were told 'too late, it's a done deal.' He is now offering to ask the judge to commute part of the benefits to us. Can we contest a stipulation that we entered into without adequate representation by our OWN atty?


Asked on 11/25/02, 6:26 am

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Workers Comp Attorney Fees

you can dismiss your attorney and notify the court that you believe you were inadequately represented, thus the court will be forced to grant you a hearing for due process considerations and review your representation before the court. However, what your attorney did to receive his fee is very common in WC law and you will be responsible for his fees in most cases, even if you disagree with how he represented you. Be advised, you must act fast in petitioning the court. If you need more help, ask for the information and assistance officer of the court.

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Answered on 12/03/02, 9:29 pm


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