OK guys, my turn to ask the legal question for the day,...I am currently negotiating w/my insurance co. on a workmans comp claim and it is now time to settle,(after two years)here is the rub, the insurance sent me a letter saying that they were going to deduct 4,000 dollars from my final settlement that they claim was paid to me as 'maintenance' after vocational rehab.

The problem is that I have not recieved anything at all!!! (after voc. rehab)
How do I prove a negative? How do I prove I didn't receive it?

I brought it up w/my lawyer and he says he will request a record of ALL payments made since the begining of the case, he says he needs to do this to determine what his cut is going to be any way.

There in lies the second rub, he is alluding that he is entitled to a percentage of monies that were paid to me while I was on short term disability, I would say that would be correct IF he'd had been on the case from the begining, which he has NOT!! I only retained him 6 monhts ago.

I did all the leg work so to speak, by rounding up all the records and getting Doctors reports that refute the insurances claims.
The only reson I retained him at all was to file for the hearing cause the insurance refused to take me seriously without an attorney. Can he do this? I he really entitled to a percentage of money recieved when wasn't even on the case?

I'm supposed to have my fainal hearing in two weeks, so I really need to keep all my 'ducks in a row'.

Please don't just answer by saying "yor screwed dude" I already know that, I need honest opinions.

 Thanks to all in advance,
  AZMAN-1

I can't say "Yer screwed, dude" until you review the contract you signed with this lawyer.  You did sign a contract, didn't you?

Once you read the contract, call me and THEN, I'll say, "Yer screwed, dude."

The contract controls the fees. On comp cases, it's usually base on "new" money, not Temporary income benefits already received.

FWIW...YMMV... My .02

The contract on my case is standard, set by Calf. workmans comnp. board, 12% of final dis. settlement was what was discussed at time of original consultation and now it seems he is saying something different, I hope FatMan is right!!

Note to Mods: can we please keep this on front page for a couple of days, I need all the exposure I can get, Thanks, AZMAN. [:)]

btt for AZMan

Good luck, dude!