My workman compensation has been settled and I am on permanent disability. How do I fire my attorney? Is my attorney necessary at this point or do they have any obligation at all to help with subsequent workman compensation issues after my case has been settled?
You would file a substitution of attorney substituting yourself in pro per. However, you would no longer have an attorney to help you with medical disputes, mileage disputes, or any other disputes that arise.
Some workers' comp attorneys feel they no longer have a duty after the case settles. That is not my opinion. With that said, there is not too much an attorney can do for you. Please review the following legal guide regarding medical treatment disputes: https://www.avvo.com/legal-guides/ugc/an-injured-worker-s-guide-to-medical-treatment-disputes
The only reason I can think of that you would want to "fire" your attorney at this point is if the adjuster will not speak to you because you are represented and the attorney will not help you either. If that is the case, you would use the following form to dismiss your attorney. After you complete the form, you would serve it with the WCAB and all parties. The Information and Assistance Officer at the WCAB may be able to help with the proof of service. http://www.dir.ca.gov/dwc/Dismissalofattorney.pdf
I agree with the above answers. In addition, of you change your mind later, there is no way in chance you would be able to get another attorney and your fired attorney is not likely to take you back.
So once you do this, you will be in your own, whether you want to or not.
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