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Thread Title: Application for Adjudication -Unrepresented
Created On Tuesday February 24, 2009 9:53 AM


laesquire
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Tuesday February 24, 2009 9:53 AM

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SCENARIO:

1. In pro per applicant goes to Panel QME. Defense agrees to settle on Panel QME.

2. No Application for Adjudication of claim has been filed.

QUESTIONS:

1. If the Defense files the Application for Adjudication of Claim with DOR , do they pay the fees for an Applicant Attorney subsequently retained per Labor Code 4064(c) ?

2. If yes, what can the defense do to get the matter before a judge and avoid application of labor code 4064(c)?


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 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

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Chirple@earthlink.net
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Tuesday February 24, 2009 5:50 PM

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Request an informal conference with the I&A Officer at the WCAB District office that would have jurisdiction. the I&A will explain to the in pro per injured worker the need to sign the Stip to assure future rights.

Of course, if you have withheld 15% for potential attorney fees, the injured worker will want that money and wont get it until the Award is approved. You might remind him/her of this .

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Jpod
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Wednesday February 25, 2009 8:36 AM

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Chirple the problem with witholding 15% when there is no attorney of record is that the audit unit will ding the administrator for failing to advance PDA's when due. So witholding accrued PD in anticiaption that ther might be an attorney in the future can lead to a bad audit result.



Edited: Wednesday February 25, 2009 at 8:57 AM by Jpod

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mkomkom
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Wednesday February 25, 2009 9:28 AM

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Plus, even if you have w/h 15% and then file an app, if the IW then get represented, you owe the AA fees on top of the award anyway.

Is the IW refusing to sign stips? If they are willing to sign, then have them call the I&A, or preferrably go in, and then mail in the Stips.


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 This is not legal advice. It is the opinion of "mkomkom", who is not even real.

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