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E. Campbell

Junior Member
California.

(Written on behalf of a relative)
1. This is a work related injury. Injured party is a bus driver and sustained permanent injuries.
2. Case was initially settled in court. Wherein all medical bills and ongoing medical care would be covered. However, employers insurance company changed and now will not cover for my ongoing medical care and RX.
3. Attorney was paid at the settlement hearing and now will not return my phone calls or my certified letter.
4. There is a medical re-examination scheduled AFTER another mandatory settlement conference.
5. A certified letter was sent to attorney requesting that the re-examination be rescheduled for PRIOR to the mandatory settlement conference. Also, requesting the attorney to assist in getting the necessary medical coverage needed (as stipulated in the initial settlement).

Our questions are:
1. "Why aren't the existing and ongoing medical expenses covered, as was ordered in the initial court settlement?

2. Shouldn't the employer honor the court ordered settlement agreement, even though they have obtained a new insurance carrier?

3. What can be done to get the injured parties' attorney to respond to the numerous phone calls and certified letter of request for action?

4. We have considered reporting attorney to the bar association, but then what is likely to happen as a result?

5. What are your recommendations? Thank you.What is the name of your state?
 


divgradcurl

Senior Member
1. "Why aren't the existing and ongoing medical expenses covered, as was ordered in the initial court settlement?
There's no way we can tell without reading the settlement agreement.

2. Shouldn't the employer honor the court ordered settlement agreement, even though they have obtained a new insurance carrier?
Again, it depends on the settlement agreement. If the settlement agreement was with the first insurance company, and not them emplyer, then no, there doesn't seem to be any reason why the employer should honor it -- but again, this will depend on the settlement agreement.

3. What can be done to get the injured parties' attorney to respond to the numerous phone calls and certified letter of request for action?
Hard to say. Maybe a certified letter stating that you are going to contact the state bar if he doesn't get back to you would work.

4. We have considered reporting attorney to the bar association, but then what is likely to happen as a result?
The state bar will investigate the complaint, and if warranted, will discipline the attorney.

5. What are your recommendations?
See above re: threatening to contact the state bar. Also, if you are not getting any responses, maybe getting another attorney involved can at least get your medical bills or whatever taken care of, and you can worry about the other lawyer later.

If you've already paid the first lawyer, and he hasn't done everything he agreed to, you can also file for a fee arbitration with the state bar -- this is separate and different from a complaint, it doesn't result in discpline for the lawyer, but maybe can get some of your money back -- it will depend on all of the facts of your situation.
 

E. Campbell

Junior Member
Thank You for your prompt response!

My sincere thanks for your advice and direction regarding this posting. Your response is very much appreciated and valued. - E. Campbell
 

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