Different contributor here. Please permit me to assist. You asked:
Does the worker's compensation Judge make a decision or do I have to go through more hearings?
A: First of all, your original statement was that the judge "requests" that your attorney have your knee evaluated. There is a very big difference between a judg making a request
for additional evidence concerning your possibly deteriorating condition, and an order
that you be re-evaluated. The latter can be grounds for a contempt order against the attorney, whereas the former cannot. So, if the court actually ordered your attorney obtain more evidence about your condition, then the court could issue a contempt order against the attorney at the next hearing -- but, you would still need to be evaluated, so at a minimum, two more hearings would be required -- regardless of whether the court made an informal request/suggestion, or an order. and will a new attorney take a case that happened in 2009?
A: Depends on whether or not you can pay for a new attorney. I think that you could have a fair amount of difficulty hiring new legal representation, because the court cannot simply cancel your fee agreement with your first attorney. The court also cannot shift the costs of new legal representation onto your current lawyer, so as to pay for new legal representation. All the court can do is to order your lawyer to ensure that you are evaluated and the evidence provided to the court.
The botXXXXX XXXXXne here is that if your lawyer is being nonresponsive, then you may want to contact the State Bar
and explain what's happening. The most frequently complaint that the State Bar investigators receive is, "My attorney isn't returning my phone calls." Usually a single phone call from the State Bar investigator is enough to get your attorney back in touch with you. Because if the attorney doesn't communicate, the next thing that will happen may be a formal disciplinary charge -- which carries with it a bill for about $22,000 in costs, even if the State Bar drops the charges.
Or should I wait and see attitude?
A: I wouldn't wait and see. You have a valid complaint, and you need immediatel help.
Do I give the evaluation of knee that my insurance paid for to the Judge as my attorney does not know that I did this and how do I approach this situation?
A: You could do this, but the judge may not accept this evidence, unless the employer's legal representation has had an opportunity to review the report, and your physician has been accepted by the court as your physician for this occupational injury case.
This could create a bit of difficulty for you, because if the report is used in court, your health care plan may decline payment to your physician -- and you could get stuck with the physician's bill. So, you may want to hold off on this evidence.
Hope this helps.