I have settled with SCIF and left the medical open. What is the ongoing responsibility of my attorney now. Who pays my attorney now throughout dealing with SCIF and getting my medical taken care of?
How proactive should I count on my attorney to be. I still have medical issues!
Your attorney remains your attorney until either you fire him or he fires you (with permission of the WCAB). the problem is getting his attention because, basically, he's not going to get paid for any of the additional work he does, with a few exceptions. That being said, you'd better be very proactive!
This is an interesting question I was hoping someone would ask. Your attorney was paid from the award that you negotiated or got at trial from state fund. The easy answer is, no one is going to pay your attorney to deal with your medical issues as there is almost no realistic possibility of a fee for the ongoing utilization review, independent medical review, requests for treatment authorization forms and all the other things that are going to entail your future medical care. If the case ultimately ever goes to a compromise and release, which is a final lump sum settlement, then your attorney may recover an additional fee. If your case remains an award with open medical, then your attorney will likely never get another fee. Most applicants don't understand that attorneys pretty much work for free on open stipulated cases since there are only very rare instances where there is attorney's fees.
Sometimes SCIF will want to close out medical and offer a decent amount, so the attorney may hang in there to try to negotiate something. On the other hand, some attorneys post Stipulations with Request for Award pay little attention to the client's medical needs. Try to be proactive.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline