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Thread Title: Work Comp to pay attorney fees question
Created On Tuesday May 24, 2005 5:48 PM


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Amy
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Friday June 10, 2005 2:13 PM

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Thank you, Art.

Amy
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Saturday June 11, 2005 2:32 PM

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Lois, I forgot to answer your question.

I don't have any personal interest in the subject of atty's fees. I was just putting in my $.02 toward the community effort to answer the question posed by zgen.

This forum is very cool, it seems to me, because it's sort of a huge, ongoing think-tank of folks from various backgrounds posing questions, problems, puzzles, etc. and then brainstorming together to find answers that are as accurate and helpful as possible in playing the game (California WC) and learning the rules (LC and CCR) in order to survive.

loislane2
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Saturday June 11, 2005 3:07 PM

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Yes, Amy u seem to have hit the proverbial nail on the head. I know Ginger appreciates a break when the IW's here are scouting the labor codes. i know that i sure do. It is great to have such an intelligent bunch of proactive IW's to work with. I am on another board and that Board seems to be one great big collective pity party. Not here! Ginger always has great responses for those IW's. And, she is funny! If u have not been privy to her humor, sorry. Although some of the old IW poster's were not tough enough and ran tail between their legs!

Nice to have you with us.

Lois

-------------------------
"When one door closes another door opens; but we so often look so long and so regretfully upon the closed door, that we do not see the ones which open for us. -Alexander Graham Bell (1847-1922)

Amy
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Saturday June 11, 2005 4:44 PM

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Thank you, Lois, very much. I feel honored to be here....and have a great deal to learn.

Amy

dmwilson
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Tuesday June 28, 2005 8:36 AM

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The fee disclosure statement you signed is the controling document regarding attorney fees. However, if your attorney has incurred additional expenses and has had to spend extraordinary time other than "due diligence" on your case , then the WC judge may award the additional fees requested from your award in the workers compensation case.

If your attorney has represented you in obtaining vocational rehabilitation services, 2003 and before dates of injuries, he may be entitled to attorney fees.

You have the right to ask for proof of extraoridnary time by itemization of your attorney's activities in your case. You also may object to any fees requested by your attorney. The objection must be in writing and served upon the WCAB, the attorney, other attorneys, and the insurer or TPA (Third party administrator).

The WC judge will review the itemization if the attorney is asking for additional fees beyond the percentage agreed to in the fee disclosure statement you signed. If you do not object in writing to the additional fees requested, by sending a copy of your objection to the court (WCAB), your attorney, and a copy to the defendants or their representative, the attorney may be awarded by the judge the additional fees.

If you do object, the amount the attorney requests may be withheld from your settlement pending a hearing regarding attorney fees.


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