What can I do? My workers Comp Attorney hung me out to dry.

Asked over 1 year ago - West Palm Beach, FL

I have had an open case for about 4 years now . I was going every year for my check up with the Dr to keep my file active . At the end of November My Attorney sent me a letter telling me to remember to see the rd . once a year to keep the file active . On Jan 8th 2013 I tried to make a Dr apt but was told I needed authorization so I contacted my Attorney ; s office and told them to get me the apt . I heard nothing for a week and called back and again was told they would call me back , again nothing . I just found out today I missed the one year date by 3 days and Atty office tells me they no longer represent me and that they sent me a certified letter but I never got a letter or a phone call telling me they were no longer handling it . Is this misrepresentation ? Can I do anything to keep case open

Attorney answers (5)

  1. Kenneth Brian Schwartz

    Contributor Level 15

    3

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    Best Answer
    chosen by asker

    Answered . Just yesterday, a JCC (workers' comp judge) in another case ruled that the Statute of Limitations could not be held to bar the claim for medical care brought by an injured worker who requested a follow-up visit and where the doctor's office had submitted a written pre-pay authorization request directly to the adjuster before the SoL had run. The JCC ruled that the Carrier was estopped to deny benefits based on the SoL where they failed to act when they had a duty to do so and misled claimant to her detriment due to their omission until after time had run against the claimant.

    I point this out bcz this is just one way that an experienced attorney might be able to ensure that your case remains open. You will, however, need to contact an attorney immediately to discuss your situation in detail. As you are learning, time is your biggest enemy in W/C cases, so please act now, before any more passes.

    Ken Schwartz, Esq.
    West Palm Beach, FL
    http://www.FlaLaw.com

  2. David Scott Bromley

    Pro

    Contributor Level 11

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    Answered . I suggest that you personally go to the attorney's office and obtain a copy of the certified letter. Upon receipt of the letter, consult with an attorney as Mr. Connell suggested as well as a different workers compensation attorney. I suggest you do this ASAP.

    Legal disclaimer: Legal analysis is for general information, based upon the limited facts provided. Comments are... more
  3. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Your lawyer cannot authorize a medical visit. All your lawyer can do is ask the insurance carrier on your behalf to authorize a visit. You may have an equitable argument to keep your case open, but you need to get a new lawyer working on it immediately if you can.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more
  4. John M Connell

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You will have to discuss that with another attorney that handles malpractice but you were also aware of the dates so that may be a factor

  5. Joseph Benjamin D'Amico

    Contributor Level 7

    1

    Lawyer agrees

    Answered . In addition, don't forget the obvious , ask your lawyer for an explanation as to why they quit.
    Joe D'Amico
    www.mycomplawyers.com

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