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Need to file a writ for Workman Compensation

Stockton, CA |

I agreed to hire an Admin Law Attorney for 15 that convinced me to be her first Workman Comp client. I have Three QME reports that agree to my injury and I have other doctors that do as well. The attorney filed my request for reconsideration in 35 days instead of 20 and it was denied due to untimely filing. I now have to do a Writ i to get my case heard. The attorney has agreed not to charge me because she messed up my case but that really doesn't help me now.I need an attorney to file a writ for me and can place a lien against my case
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Attorney Answers 3

Posted

If your administrative law attorney missed the statute for filing the Petition for Reconsideration, filing a Petition for Writ may well be useless. Instead, you may want to be looking for a good legal malpractice attorney. Of course, there are a lot more facts necessary to understand everything that's going on here.

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Asker

Posted

Do you mean that even though i have all the evidence that if the attorney filed late I can't be heard with the wit either? My case can be proven with my medical records

Brett A. Borah

Brett A. Borah

Posted

I don't have all of the facts but a late Petition for Reconsideration is still a late Petition. You'd file a writ because the court made a mistake....here, it sounds like your attorney made the mistake. is it worth looking at a malpractice claim? Depends on what's at stake and whether or not she really committed malpractice. I guess I'd tell you to get in to see a good WC attorney ASAP and also consider the malpractice attorney depending on what the WC attorney tells you. Keep in mind that time is ticking away on when you can file for the Petition for Writ, too.

Asker

Posted

No, the judge made a mistake in denying a large portion of my injury even though i have 3 qme reports that agree with my injury. The judge continued to say that my file didn't prove this or that and after I fired my attorney I found out why. The attorney didn't send in my records so they only really sent what the other side sent in. The records that needed to be seen were not shown. I sent a letter to my qme 30 days after his final report and the other side asked to have the report stricken saying they didn't get a copy of the letter but I sent the letter to everyone and the letter that was sent to them never came back so they had to get it.

Posted

Perhaps you need to be looking for the lawyer's malpractice insurance policy.

Moral of the story: Lawyers have to start their practice at the beginning and some client is going to be first, but the client has a choice and does not have to choose to be the lawyer's first client in a new area of law.

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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Bobby L. Bollinger Jr.

Bobby L. Bollinger Jr.

Posted

In some states there is a concept called "excusable neglect" that will save the client when the lawyer screws something up. Go see an experienced workers comp lawyer SOON and inquire about all this with that person.

Asker

Posted

I was just looking over her paperwork and I gave her all the documents to send in..it was the pieces of paper that the judge said that I didn't have. She sent me a letter saying she was going to include it since the judge didn't have it. Now that I have fired her I can see she never filed any of it! How do I go after her insurance?

Marjory Harris

Marjory Harris

Posted

Contact the State Bar of California for help, There is a fund for clients whose attorneys did not have insurance (assuming she does not, given her way of practicing): http://www.calbar.ca.gov/Public/ConsumerInformation.aspx

Posted

An attorney in California is ethically precluded from practicing beyond level of competence: see http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule3110.aspx
"(C) If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently by 1) associating with or, where appropriate, professionally consulting another lawyer reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required."

There is also the question of legal malpractice. It saddens me that this attorney did not avail herself of mentoring help.

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