It will not damage your case unless your new lawyer is not as good as your prior lawyer. Attorneys will have to split their fees at the end, but you need not worry about that part. The fee total is set by the judge at the end and is usually 15%.
I'm sorry you had to go through two bad experiences: the robbery and the employer discrimination. You have both a claim for psychological injury and probably for discrimination under LC 132a. There are two kind of lawyers you need: an employment lawyer for your civil claims connected to a wrongful termination, and a workers' compensation lawyer who can help fight to get you the therapy and/or medication you need to get back to full functioning, as well as possibly file a LC 132a claim. You...
You should get a lawyer NOW. We know how to fight for your rights to get TTD or at least help you with EDD while you wait for your benefits to kick in. Insurance only had 90 days to decide whether to accept or reject your claim. Free consultations are at every workers' comp firm and our fees come out at the end of whatever we get for you, and is usually only 15%.
Attorneys are not supposed to charge injured workers anything. If a lawyer wants to take over your case and represent you, he or she may feel a writ is warranted and/or justified. It is often hard for attorneys to try to fix what was done by pro per applicants once it reaches this level. The Court of Appeal will only hear the legal issues raised below and nothing new.
There is a difference between "public record" and "discoverable." With very few exceptions, a deposition transcript will probably be discoverable in a related civil or criminal matter. Since you are talking about job loss, I'm assuming there could be a wrongful termination civil case filed. If so, the employment lawyer will probably get a hold of this deposition.
I love the title to your question. I ask myself this question daily. The likely answer is because of the insurance lobby in California.
The most likely answer to your TTD question is that the QME probably said you are currently TTD. You really should not try to handle your case alone without representation. You can have a professional attorney handle your case for usually only 15% of the end award.
Once you file a WC case, it becomes easily searchable and part of the public record. It would not be surprising if an employer did conduct a thorough background check, which would include WC claims check. However, it is illegal for employers to discriminate on the basis of disability. If you get evidence to support your hunch, you could have civil claims under FEHA or the ADA.
I think you need to retain a lawyer ASAP. A lot of these clinics fail to properly diagnose a major problem that may require surgery to fix. A lawyer will get you to either a better PTP or request a QME/AME. You will not lose medical benefits by accepting a new position. Please get a lawyer ASAP.