In order to give you a clear answer I would need more information. I will give you a couple of basic answers that may apply to your situation.
First, try to schedule a face-to-face meeting with your attorney. Ask him directly what the status of your case is, what he is doing to move it toward a conclusion, and why it is taking so long. Be sure you understand the answers and do not let him/her off the hook with answers with answers like "...it just the way the system works."
You have been off work for eight years! Why? If your Dr. released you in '09, were you considered Totally Permanently Disabled? If not, have you looked for work? If not, why not?
It is OK to work so long as the work you do does not exceed the work restrictions placed on you by your primary treating doctor, or an AME or QME.
The only way to answer any of your questions is by talking directly with the attorney handling your case.
Do it without delay and best of luck.
The advice provided does not create an attorney-client relationship, is for educational purposes and is general in nature because your question did not provide enough facts on which to make analysis of all of the issues presented. No attorney-client relationship is created by this exchange of information.
I think we don't have enough of the facts here to give a very complete answer. You should be talking to your attorney about the status of the case. Why are you still off work 8 years later and 2 years after being released by your doctor? Are you 100% disabled? Are you getting Social Security Disability?
Contact your lawyer and request a status update. Also inquire as to when he or she will file for a hearing to obtain an MSC (Mandatory Settlement Conference). Regarding updated doctor notes, these can either be subpoenaed or your lawyer can set tge deposition of this doctor and have the doctor produce these records at tge deposition or your lawyer can pick up the phone and have the records faxed to him or her and the defense attorney.
Sounds like your lawyer needs to give your case some attention.
Michael Ian Rott, Esq., Partner
HIDEN, ROTT & OERTLE, LLP
2635 Camino del Rio South, Suite 306
San Diego, California 92108
Office: 619.296.5884, ext. 14
San Diego - El Centro
Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of work comp law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for advice.
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