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Does WorkComp case last this long? 2008-Present

Oceanside, CA |

I have documented health issues dating back from 2009 that I just found out about. My lawyer last week withdrew after mediation if I didn't take the settlement. Now I received a letter of lien from her smh. I have to see the judge in 3months. I have documents of carbon monoxide leaking into cab of one truck but the other truck that had been leaking for years are missing?? I'm scared of getting another workcomp lawyer because what I'm going through is similar with others I've researched. My lawyer lied continuously and tried to get me to settle for hundreds after years. My mediator after trying to get me to settle last week after pulled me to the side and verbally understood my decision. The documents that are missing are also related to two deaths that was ruled health issues. Union Smh!

Attorney Answers 3

Posted

Yes, workers' comp cases can take that long. How soon a case resolves depends on many factors including, timeliness of an applicant's recovery, whether there are problems with the discovery process (missing documents), among many other factors... For what it's worth, there are many cases much older than 5 years old in the system.

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Posted

My QME stated also of missing documents. Representing myself is what I'm researching now. I'd have to subpoena 3-coworkers, manager, supervisor, maintenance, and mechanic plus the business owner to testify of the missing documents since they were involved. What can I research for help on self representation?

Steven Joseph Alves

Steven Joseph Alves

Posted

If your case is denied, it's a bad idea to represent yourself. It's common attorneys to hire someone else for legal representation in their own cases. I would advise against representing yourself. Issuing a subpoena is the easy part. Knowing what to ask your witnesses and how to present that evidence to the court is a whole other mess that you shouldn't concern yourself with. As the injured worker, your focus should be on recovery, while your attorney's focus is on how to manage your case. That's my opinion. I really wish you the best of luck in finding a compassionate attorney who will understand your position and be a good advocate for you. One last thought... you might consider talking to your previous attorney (calmly and respectfully) and try to hear him or her out. Find out the reasons behind what he or she advised. Maybe with more communication you might be able to move forward with the same attorney.

Posted

Work comp cases can last for years. Your post makes me think that you do not have a very hood case and you should probably settle. If you cannot prove your claim due missing documents then you may have a loser of a case.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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Posted

Well isn't my lawyer's job to find why those documents are gone? I still have the witness to testify but my lawyer didn't even try to find out what happen to the documents or didn't ask for the the year of the documents. The only documents that were asked for are only for one truck.

Bobby L. Bollinger Jr.

Bobby L. Bollinger Jr.

Posted

I meant "good" and not "hood." Your lawyer can ask for the documents in discovery but if the employer says they don't have them, then your lawyer is pretty much stuck with that answer. How would your lawyer show that the employer has something that the employer says it does not have? That is a very difficult practical problem.

Posted

The simple answer is YES. The case will take, MINIMALLY, as long as you take to get better + time for litigation. It is hard to understand how CO2 poisoning is affecting your health 5-6 years later. Unless you have an expert who can provide causation, I must agree with Mr. Bollinger.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

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Posted

Well I have air respiratory disease that I wasn't aware of, tissue damage with dr's letter stating "he knows nothing that would cause abnormal tissue damage for someone my age.

Asker

Posted

Orthoscopic surgeon knew I had an CO exposure at work and noted that this would be the cause of my tissue abnormality.

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

Minimally, you need the opinion of a respected pulmonologist.

Scott Alan Schwartz

Scott Alan Schwartz

Posted

Contact Cal/OSHA and ask for all citations against your employer. In addition, request that your employer provide you with any records of employee exposure to potentially toxic materials or harmful physical agents per Labor Code Section 6408(d).

Asker

Posted

I contacted OSHA and it took them almost a year to investigate and when they did they checked the wrong truck and sent me a letter of satisfaction on their behalf.

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