Worker’s comp and SIBTF delay?
Looking to get advise on my current status with SIBTF. I finally, after so many years waiting for a SIBTF hearing got the date! Unfortunately, my lawyer did not send in paperwork on time and there for had to be taking off calender. This was many months ago. I have relentlessly tried to ask what happened or what do we do now but for some reason he wont answer my emails or phone calls. I have no idea if he resubmitted the paperwork, am I still in the program, I know absolutely nothing. Almost 5 months have passed and he will no longer speak with me. Furthermore he hasnt worked on my w/c case for sometime now.
I’m very close to finding another attorney to take over but how can I determine if I’m still in the SIBTF system , or at the back of the line so to speak.
Asked in Long Beach, CA | Aug 25, 2022 | 4 answers
4 Attorney Answers
Nancy J Wallace
Workers’ Compensation Lawyer in Grand Terrace, CA
Why bother with an attorney who refuses to communicate with you? Youve let so much time pass, most attorneys won’t want to step into this mess, so you need to search now. I would write this attorney and advise that you expect a telephone conference on Sept 2 from noon-2pm, or the week after labor day you go to the State Bar of California and report this attorney has Abandoned you. but still search for another attorney throughout this time. You and this guy are clearly a bad match.
Brett A. Borah
Workers’ Compensation Lawyer in Cupertino, CA
I agree with Mr. Meline that mentioning a referral to the state bar is the nuclear option. There’s no turning back from there. Hold that in reserve.
Have you tried scheduling an in office appointment with him? Have your questions written down ahead of time so you don’t forget anything.
SIBTF claims take a long time. From the time I’m ready to go on one, it often takes another year or so to conclude things. If he is not an experienced SIBTF attorney, he may be taking even longer. Unless he has affirmatively dismissed your SIBTF claim, then yes, it’s still in the mix.
Gary A. Jackson
Workers’ Compensation Lawyer in Huntington Beach, CA
| Licensed for 31 years
There is no “line” to get into. There are issues SIF can raise in defense however. You need to ask your attorney what the issues are. Things like injury date or average weekly wages are not usually long lived issues but resolved quickly. Issues such as preexisting labor disablement and meeting the 2 SIF thresholds are the big issues usually. Then there is also getting ALL the records of prior work comp cases and ALL the regarcredits such as SSDI 1099’s and any disability pension paperwork.
An attorney worthy of the honor to represent you and call you “client “ will outline for you all the issues and the plan to resolve them and when!
Steven Allan Meline
Workers’ Compensation Lawyer in Santa Ana, CA
He will not be your friend if you do this, it is going nuclear, but if you write him and tell him your next letter is to the State bar, He’ll get back to you.