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Duty of Attorney

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apted

Junior Member
I work for a company in Califotnia. On 1/4/12 I sustained a work related injury and filed a w.comp claim, afterwhich I retained. On 11/29/18, I had surgery to my shoulder and my dr told the w.comp adjuster, I will be off work for 12 weeks. I asked my attorney who would pay me for 12 weeks off time and he advised the w.comp carrier will pay 2/3 of wage loss under td claim. I did not get a check from the w.comp adj and since 11/2018, I have been askling my attorney to follow up with the w. comp adj to send my td check. The attorney's paralegal kept of telling me she would call the w.comp adj. Now after 5 weeks the paralegal is saying that because my injury is more than 5 yrs old, w.comp adj advised no td will be paid and paralegal suggested I file a claim for state disability. Shouldn't my attorney have known regarding the 5 yr rule? Can I file for sdi this late. Thanks for anr help
 


quincy

Senior Member
I work for a company in Califotnia. On 1/4/12 I sustained a work related injury and filed a w.comp claim, afterwhich I retained. On 11/29/18, I had surgery to my shoulder and my dr told the w.comp adjuster, I will be off work for 12 weeks. I asked my attorney who would pay me for 12 weeks off time and he advised the w.comp carrier will pay 2/3 of wage loss under td claim. I did not get a check from the w.comp adj and since 11/2018, I have been askling my attorney to follow up with the w. comp adj to send my td check. The attorney's paralegal kept of telling me she would call the w.comp adj. Now after 5 weeks the paralegal is saying that because my injury is more than 5 yrs old, w.comp adj advised no td will be paid and paralegal suggested I file a claim for state disability. Shouldn't my attorney have known regarding the 5 yr rule? Can I file for sdi this late. Thanks for anr help
You didn't speak to your attorney. You spoke to the paralegal.

Was your 2012 workers compensation claim settled? Was the shoulder surgery part of the 2012 workers compensation Injury claim?
 
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apted

Junior Member
Yes, on on ocassion I did speak with the attorney who also advised w.comp will pay 2/3 of wage loss. In fact, everytine I sent an email to the paralegal to follow up on my td benefits with the comp adj, I sent a copy of that email to my attorney. My 2012 claim has not settled and the surgery was part of my w.comp claim. I also like to add that 3 weeks after my surgery, I re-injured my shoulder at home when i stretched my arm to catch a roller pin that was falliing while i was cooking. a recent mri showed a re-tear of the rotator cuff. The w.comp carrier authorized the mri and my dr has advised I will have to undergo another surgery.
 

quincy

Senior Member
Yes, on on ocassion I did speak with the attorney who also advised w.comp will pay 2/3 of wage loss. In fact, everytine I sent an email to the paralegal to follow up on my td benefits with the comp adj, I sent a copy of that email to my attorney. My 2012 claim has not settled and the surgery was part of my w.comp claim. I also like to add that 3 weeks after my surgery, I re-injured my shoulder at home when i stretched my arm to catch a roller pin that was falliing while i was cooking. a recent mri showed a re-tear of the rotator cuff. The w.comp carrier authorized the mri and my dr has advised I will have to undergo another surgery.
I haven't had much chance today to look over California's workers compensation laws but here is a link to an Injured Workers Guidebook that you might want to look through. I will try to address your specific questions later if someone else hasn't. Chapter 10 has information on State assistance.
https://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.html

I agree with Ohiogal that you should contact your attorney or seek help from another attorney if you do not believe your current attorney is responsive to your legal needs.
 
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