What is the name of your state (only U.S. law)?
California
My husband filed a workers comp case six years ago. In 2010, he was evaluated by an AME who backed up the claim that his employer caused him harm industrially to a level that violated the labor code through bad faith personnel decisions. A few months later at the beginning of 2011, my husband received a letter from the employer's workers comp division that it is accepting that doctor's report.
In August 2011, he received notice that his case will be going to a mandatory settlement conference at the local Workers Comp Appeals Board office. Just before the date (November 1, 2011), he talked to someone at his lawyer's office what to bring and was told not to bring anything.
We went to the state building and waited for his lawyer. She arrived late and then just told us to wait in the atrium. She didn't talk to my husband about what she would be asking for that day. Later she came out and said that the case was going to trial, that the other side turned down her offer. She said we needed to immediately hand over a list of documents and witnesses (like, that moment!); else we would have to go "off calendar." As she hadn't told my husband to bring this info (which we would have if he hadn't listened to her assistant), we said to take it off calendar. But in our discussion with her in that 15 to 20 minutes, we got the impression that she wanted my husband to walk as she misstated several facts (from the doctor's report, especially, and others) and was arguing about aspects that we said would have to be part of the case.
After much discussion, my husband decided to fire his attorney and we sent in the paperwork as per the California website. In the meantime, I had discovered that it's standard for both sides in a workers comp matter to bring the documentation and witness list to the MSC, just in the rare case that it isn't settled (which happened on November 1).
Within a couple of weeks, we received a box from the attorney with the paperwork accumulated from his file. I went through it and found the official transcript from the 2007 deposition. The lawyer had never given it to my husband for his review and signature. It is even stipulated by the opposing side's attorney that she would be sent the transcript so my husband can review it. There was a page in this bound transcript for my husband to sign, but of course there was no signature as he was never given it to sign.
I also found a letter sent from the other side's attorney dated June 23, 2011 with an offer to settle the case, with a deadline of 15 days. This was never passed on to my husband; in fact, he was never contacted by his lawyer about any written offer.
Additionally, I found her counter offer to the other side that was dated in August. It was for a much higher amount than the original offer and never mentioned missing the deadline.
Both sides at some point put in paperwork to set up the Mandatory Settlement Conference.
I went on the California State Bar website and found sections of the professional conduct code that his lawyer violated. We sent in a complaint and included copies of the June 23 letter and the signature-less page of the deposition.
Today we got a response from the state bar's Office of Chief Trial Counsel Intake that says it's closing the complaint. There was no mention about the deposition issue. The issue of not being told there was an offer extended in June was completely misinterpreted by the so called investigator that my husband is alleging he wasn't told in November about this offer. I would think that an offer made in June should have been passed on to my husband in JUNE.
Right now, my husband is writing a response to the Audit and Review department. But we're not holding our breath that they will be looking at this matter impartially.
California
My husband filed a workers comp case six years ago. In 2010, he was evaluated by an AME who backed up the claim that his employer caused him harm industrially to a level that violated the labor code through bad faith personnel decisions. A few months later at the beginning of 2011, my husband received a letter from the employer's workers comp division that it is accepting that doctor's report.
In August 2011, he received notice that his case will be going to a mandatory settlement conference at the local Workers Comp Appeals Board office. Just before the date (November 1, 2011), he talked to someone at his lawyer's office what to bring and was told not to bring anything.
We went to the state building and waited for his lawyer. She arrived late and then just told us to wait in the atrium. She didn't talk to my husband about what she would be asking for that day. Later she came out and said that the case was going to trial, that the other side turned down her offer. She said we needed to immediately hand over a list of documents and witnesses (like, that moment!); else we would have to go "off calendar." As she hadn't told my husband to bring this info (which we would have if he hadn't listened to her assistant), we said to take it off calendar. But in our discussion with her in that 15 to 20 minutes, we got the impression that she wanted my husband to walk as she misstated several facts (from the doctor's report, especially, and others) and was arguing about aspects that we said would have to be part of the case.
After much discussion, my husband decided to fire his attorney and we sent in the paperwork as per the California website. In the meantime, I had discovered that it's standard for both sides in a workers comp matter to bring the documentation and witness list to the MSC, just in the rare case that it isn't settled (which happened on November 1).
Within a couple of weeks, we received a box from the attorney with the paperwork accumulated from his file. I went through it and found the official transcript from the 2007 deposition. The lawyer had never given it to my husband for his review and signature. It is even stipulated by the opposing side's attorney that she would be sent the transcript so my husband can review it. There was a page in this bound transcript for my husband to sign, but of course there was no signature as he was never given it to sign.
I also found a letter sent from the other side's attorney dated June 23, 2011 with an offer to settle the case, with a deadline of 15 days. This was never passed on to my husband; in fact, he was never contacted by his lawyer about any written offer.
Additionally, I found her counter offer to the other side that was dated in August. It was for a much higher amount than the original offer and never mentioned missing the deadline.
Both sides at some point put in paperwork to set up the Mandatory Settlement Conference.
I went on the California State Bar website and found sections of the professional conduct code that his lawyer violated. We sent in a complaint and included copies of the June 23 letter and the signature-less page of the deposition.
Today we got a response from the state bar's Office of Chief Trial Counsel Intake that says it's closing the complaint. There was no mention about the deposition issue. The issue of not being told there was an offer extended in June was completely misinterpreted by the so called investigator that my husband is alleging he wasn't told in November about this offer. I would think that an offer made in June should have been passed on to my husband in JUNE.
Right now, my husband is writing a response to the Audit and Review department. But we're not holding our breath that they will be looking at this matter impartially.