My mother was badly injured at work and is near to the end of a 2 year long workman's comp. case. The judge ruled in her favor and now we ar...

Question

My mother was badly injured at work and is near to the end of a 2 year long workman's comp. case. The judge ruled in her favor and now we are just waiting on final medical evaluation to determine compensation.

Two days ago my Mother's attorney called to say he could no longer represent her. He is going to work for the defendants firm! He met them through this case and now is leaving because of them offering him a job and his acceptance. Is this legal for him to do?

Please help our family. We thought we were through with this case. Any advice would be most appreciated :)

Answer

You need to hire a new attorney; one document, a Dismissal of Attorney, will fire the current guy, and a Substitution of Attorney will name a new attorney in his place.

You can write to the WCAB Judge that you insist the Insurance Company be ordered to obtain new counsel given your attorney is working there, creating a conflict of interest for the current defense firm. There is no requirement that the judge will order the insurance company to get a new lawyer. But it wouldn't hurt to alert the judge that your counsel abandoned you for the opposing firm.

DO NOT talk to "fight for you" TV advertisers!!! that's the wrong move. YOu need not just an attorney but a Certified Specialist in Workers compensation law... we specialists took an extra bar exam just in workers comp and complete continuing education just in workers comp...but we charge exactly the same as non-specialists who goof things up.

The prior attorney and the new attorney will 'split' the 15% attorney fee... you DO NOT have to pay 15 to first attorney then 15% to the next attorney.

I wish I could recommend someone in south Orange County, but I only know xlnt insurance defense attorneys there. try www.caaa.org and click "attorney search" and you'll find someone dedicated to stay with the Injured Worker instead of the defendant insurance company.

If you cannot find anyone and you're against a deadline, I have a handful of cases in Anaheim and Santa Ana, so you can find me at www.imhurt.info or at [email protected]/* */ or call 909-381-2771.