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Can I drop my workers' comp case before initial motion for TDB or do I have to show up in court in order to drop the case?

Morristown, NJ |

I want to drop the case completely, but know my lawyer wants to proceed. Would like to do this without having to physically see the lawyer (long story, bad guy, verbally abusive, impossible to talk to, don't trust him, rarely returns calls or e-mails, etc.)

Thanks ahead of time for any help!

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Attorney answers 3


You do not have to appear. If you do not appear the case will be dismissed. But, Before you do that you should get another opinion from another lawyer. Perhaps you would have a better relationship with the new one. You should not give up your rights because you not satisfied with you current attorney. I am located in Morristown. Please feel free to contct me.



Thank you so much Glenn!!! I wish I chose you, maybe things would have worked out better, but now i have to move on.... Can I send a letter? I was planning on that. As much as I despise him, I don't want all parties to have to show up and not me. That seems "shady," if you will.... I would rather do that more professionally. (not for him, of course.)

Glenn Kaplan

Glenn Kaplan


Generally, the Court will not consider letters from Petitioners who are represented by an attorney. You can ask your attorney to advise that you are no longer interested in proceeding. There is, of course, no harm in your appearing. Please feel free to call me if you would like further information. There would certainly be no fee.


It is not too late for you to review this matter with a workers' compensation attorney who may be in a position to secure the benefits which are available to you under the New Jersey Worker's Compensation Act. These benefits include medical treatment, temporary total wage benefit, a permanent partial or total disability award and a right for continuing benefits into your future. You generally have the ability to transfer your case to a another attorney without any additional fees or costs to you. This system is designed to protect you, the injured worker. You should not allow one bad experience with one attorney to ruin your case and give up your rights.

Good luck.


Adam M. Kotlar Personal Injury - Workers Compensation - Real Estate - Estate Planning 1913 Greentree Road Cherry Hill, NJ 08003 856-751-7676 V 856-751-5357 F Any agreement by the Law Firm to represent you must be in writing signed by you and an appropriate representative of the Law Firm before any attorney-client relationship is established.


Before you make any decisions on whether to abandon a claim, which can affect you legal rights in the future, you should seek legal counsel. In New Jersey Workers counsel fees for Workers Compensation claims are set within the descretion of the Court and therefore you can very likely obtain a consultation without having to pay a counsel fee.

I suggest that you should seek legal counsel.

This response is a general comment is not intended to take the place of legal advice based upon the specific facts of your claim. For specific legal counsel on a particular question a legal consultation with an attorney is necessary.

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