Need Advice - case now 9 years and going
 

Hi,

My workers comp case began in Dec. 2003. I have a torn meniscus and RSD on my left leg. I am based in California. My first lawyer retired two years ago, and referred to my current one, who, unfortunately does not seem interested in settling my case.

My first worker's comp doctor rated me at 67% disability (permanent and stationary). I have had 4 IME's and a sleepy study. All doctors agree with the diagnosis (orthopedic surgeon, rehab specialist, neurosurgeon, pain specialist).

My workers comp physician, in his deposition, mentioned a restorative program he was putting together. The opposing lawyer mentioned 2 in CA, both of which my doctor clarified at that time, that they were not restorative programs, but detoxification programs. I ma in a very conservative treatment
consisting of Norco, Gabapentin, neuropathic pain cream, Xanax prn.

Regardless of my doctor's opinion, the insurance company made 2 appointments for me. I contacted me lawyer to have both of them cancelled, and asked him to please advise the other attorney that I would not be participating in neither of these 2 programs, and asked him to contact my doctor to have a report in writing as to why these programs would not benefit me at all. My lawyer told me not to worry about, he would take care of it. Imagine my surprise when I received a court ordered appointment... I immediately contacted my lawyer, spoke to his paralegal, who said "he is adamant that you won't go there. I will speak with hi this pm, not to worry."

I insisted on making an appointment with my lawyer to discuss the end of my case. I can't do this anymore. At the meeting, when I asked if he had cancelled the court ordered app., he had no idea it was court ordered, until I
called my husband to look for the paper. While I was on the phone, he found his. It is a long story, to make it shorter,I had a hearing. The day prior to the hearing I saw my doctor and picked up the report and a letter addressing this
issue, and took it to my attorney's office. I can not believe he did not do that on his own!!! The case was suppose to be settled during the hearing. The judged signed off on the order, based on my doctor's report and letter.

My lawyer comes and tells me " the insurance will not settle until Medicare calculates your medical for life." I told him I did not qualify for Medicare. He replied "regardless.." I could not believe it.

When I got home, I did some research on my own, and reviewed my files. I do not qualify for Medicare, because I do not qualify for Social Security. My first lawyer told me so, and I would think that my present lawyer would be well aware of the fact. I e-mailed him the law, he answers me back "Since you don't qualify, I will let the opposing lawyer know, we don't need to worry about Medicare." I emailed back, saying ty, and asking for him to set a court date. Have not heard a word (send the e-mail last week).

I am at my wits end. I can't do this any longer. It is hard enough to live with this pain, and what it has done to my life and to my family.

What can I do ? Represent myself. Drop the case for my own sanity ? Can I make my attorney settle my case?

I need to add that I have pressures. At this point, my personal feeling is that I do not care about the money, but there are others to be considered as well.
Every solution I think it is not a good one. I am dammed if I do, dammed if I don't.

My story is a long one, and I can fill in the blanks. Please, any help will be very much appreciated.

Thank you.


My story is a long one, this is just the late development