You deal with the lawyer and let the lawyer deal with his adjuster. You will get more accomplished that way. But you really need your own work comp lawyer at this point.
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.
I will defer to the Calif attys here but in my state once there is an atty for the ins co the injured party, or their attorney, is supposed to only talk to the defense atty unless the adjuster authorizes you to talk the them instead of the attorney
You need to hire an attorney of your own. You are not likely to make headway in the current situation without help.
The above is not intended to be legal advice, but may be used for general information. Please contact an attorney for specific help tailored to your needs. www.figgardenlaw.com
I'm not sure what you mean when you say you file complaints against her, or write her up. To whom are you complaining? If you're just complaining to her supervisor or someone else at her employer, you're pretty much wasting your time. You don't have any control at all over her employment. You need to be doing what is legally necessary to get the treatment you need, and that has nothing to do with complaining about your adjuster. If you don't feel comfortable taking the legal steps necessary to get your treatment, you really need to get an attorney to handle your case for you. You can find good ones on this site, or at www.CAAA.org, the organization for attorneys who represent injured workers in California.
You undoubtedly need representation. Insofar as ethical behavior of an insurance adjuster; what you have seemingly described is an adjuster unwilling to give you what you want or need. That is why there are hearings available to the claimant. It forces the employer/insurer to provide you with the care you need. An example of unethical behavior on the part of the adjuster would be to speak with you while represented without your attorney's consent. Remember, insurance companies will do almost anything not to pay you. That is why you need a good advocate in your jurisdiction.
**Admitted in the State Courts of MD, NJ, NY; Federal District Court of Maryland, Federal Southern District of New York, Federal Eastern District of New York, Federal District Court of New Jersey, Federal District Court of Maryland; Federal Fourth Circuit Court of Appeals and The United States Supreme Court. This Amy be considered an attorney advertisement. This statement does not constitute a full and thorough analysis of your situation. You must seek a consultation directly with an attorney. This advise does not create an attorney-client relationship - I do not know who you are. Therefore, please do not submit any confidential information. Please telephone for consultation. The sender therefor does not accept liability for any errors or omissions in the contents of timing of this message. if you have any questions about this , please call my office. In accordance with internal Revenue Service rules, any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.
Before I was a licensed attorney, I was a workers' compensation claims adjuster. Based on my experience, I would say that it is extremely rare for a workers' compensation defense attorney to be involved in a case where the injured worker is not represented by an attorney. Perhaps not so much for doing a "walk through" of a settlement after an agreement has been made, but in the day-to-day grind, there's no way an adjuster would have an attorney on the file. Their goal is to pay out what is owed an nothing more. It wouldn't be easy to justify the legal expenses on an unrepresented case.
In other words, you should speak with your attorney. If the adjuster is doing something wrong, let your attorney handle it. If your attorney is not helping you, look for a more responsive representative. But for as long as you have an attorney, no adjuster will speak to you. Not because they are mean or incompetent. It's because they aren't allowed to speak to you, once you have an attorney.
Just because you don't get a call back, doesn't mean the adjuster isn't doing her job. Perhaps she has sent requests through utilization review; and perhaps the requests were non-certified. These would all be great questions for your attorney.
Best of luck to you.