I’m asking this question for my father.
Background info:
- We live in Northern California (Crescent City to be exact)
- He worked for Wal Mart back in Later 2007, until about early 2008 when he injured his back. The company sent him to a chiropractor instead of a actual doctor who proceeded to start cracking his injured back without any knowledge of how extent the injury was. Wal Mart refused to have him treated and he began looking for a lawyer. He found one in Southern California, and was able to get Wal Mart to pay him worker’s comp. However, now the lawyer is trying to settle the case; telling the judge that my father is receiving treatment and future treatment which is a straight lie. He has not been able to see a doctor regularly for his back, and he has not been receiving the pain medication for the injury. When he tries to call the lawyer he has to find out what is going on, the lawyer refuses to talk to him and instead tells him to "stop calling, your only on the phone the talk."
As of December of 2008 when he saw the QME doctor (the only doctor the lawyer was able to get him to see) they have been trying to settle the case.
Can anyone explain this situation to us? We do not understand why the lawyer is acting in this manor, and as well why no other lawyer will take his case?
Why are lawyers turning away from Wal-mart Workers comp cases?
because generally a lawyer is not needed in a workers’ compensation case……..
the state has strict guidelines that must be followed and that even includes any settlement.
this has nothing to do with Wal-Mart……………….
the state determines the settlement amount if there is any based on your fathers % of permanent partial disability as set by his doctor or the state certified board of doctors.
care for back injuries is commonly obtained through chiropractors…….
the state sets the amount an attorney may receive if you elect to retain one and if you change attorneys the amount does not go up so the two attorneys then have to split their part of any settlement.
you can contact the state and ask about receiving assistance in this particular case.
the fact that your father made the choice to retain counsel and not follow through with the state first may become an issue and limit what the state will/can do for him.
see:
http://www.dir.ca.gov/dwc/clmsadj.html
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Attorney Wendy Wood is a family law attorney representing parents, grandparents, and military personnel in all family law matters with great attention to detail. Her firm serves the needs of divorce and family law clients throughout southeast Texas, including Harris County, Brazos County, Brazoria County, Montgomery County, Fort Bend County, College Station, Bryan, Cypress, Katy, Conroe, Sugar Land, Richmond, Rosenberg, Pearland, Alvin, Pasadena, and Spring. They also advise and represent military personnel and their families stationed at Ft. Hood, Ft. Sam Houston, Randolph Air Force Base and Brooke Army Medical Center. Contact the firm at the Houston office 713-533-1911, Bryan Office 979-779-9663 or visit online at http://www.wendywoodlaw.com
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