A attorney take on a case never helps, you go out to his office and he tell you that they will held everything, now you lose your case because he didn't even send you to a doctor to be check out.
Qustion: i thought a lawyer suppose to be compentend and know the basic?
ElleMD
12-21-2007, 10:05 AM
A few more details would be nice. Or are you just venting?
Betty3
12-24-2007, 10:10 PM
What kind of a case was this?
What was withheld?
Were you in an accident - why did you need to see a doctor?
complwyr
02-04-2008, 09:40 PM
Anyone who is relying on a lawyer to get him in to visit a doctor to determine if he is injured or not, is not significantly injured in my book.
If you are hurt, go see a doctor, or go to the emergency room. If you are not hurt, then don't go.
That is my legal opinion......
ElleMD
02-04-2008, 11:50 PM
Totally off the subject but a lawyer friend of mine tells the story of a claim he had years ago where the injury was questionable at best and the IC insisted on an IME. The claimant went into the IME and the doctor asked which arm was injured. The claimant froze then asked if he could call his lawyer as he couldn't remember. Absolutely true story.
complwyr
02-05-2008, 06:35 AM
Elle, I don't doubt that story for a second. I try to weed out those folks on the front end, before my name gets sullied by association with them. And if someone does not have a legitimate injury, I don't want to represent them anyway.
Here in NC, however, statistics show that most work comp fraud is committed by the employers---either cheating on their premiums or not getting insurance at all.
Big V
03-12-2008, 02:53 PM
Elle, I don't doubt that story for a second. I try to weed out those folks on the front end, before my name gets sullied by association with them. And if someone does not have a legitimate injury, I don't want to represent them anyway.
Here in NC, however, statistics show that most work comp fraud is committed by the employers---either cheating on their premiums or not getting insurance at all.
Quite a story and I thought I saw it all. As an Insurance investigator who also happens to be a JD, I have seen many "good" Tort actions fall to the wayside due to lack of appropriate communication between an attorney (his staff) and the client.
Too many times, an attorney ASSUMES the client has reasonable knowledge of his/her case and as such, the client will make appropriate decisions.
Having said as much, there are some real air heads out there (short on time, will complete this dissertation at some point).
Big V
ElleMD
03-12-2008, 08:21 PM
Witnessed a case today (not one of mine thankfully) where the employee was claiming injuries to the arm and head and had pictures. As it was an A/I case, you'd think the pictures would have sealed the deal. Problem was they were of the opposite side of the body as claimed. I kid you not. Even better was the employee trying to explain to the Commissioner that his camera takes pictures of everything in mirror image- which still didn't explain why the arm injury was on the other side of the body from the facial injury......
complwyr
03-15-2008, 09:09 AM
As any photographer could tell you, photos printed from a negative that was placed in the enlarger wrong side up would be a mirror image. The left arm would appear to be the right.
I suspect that the worker was telling the truth as he or she understood it, and that there is a photographic explanation as to why the photo showed the wrong side of the body.
TM1
03-15-2008, 09:53 AM
which still didn't explain why the arm injury was on the other side of the body from the facial injury......
??????????????????????????
cyjeff
03-15-2008, 01:31 PM
Just remember -
Somewhere in the world resides the world's worst doctor and lawyer.
And someone has an appointment with them on Monday.
ElleMD
03-17-2008, 05:57 AM
As any photographer could tell you, photos printed from a negative that was placed in the enlarger wrong side up would be a mirror image. The left arm would appear to be the right.
I suspect that the worker was telling the truth as he or she understood it, and that there is a photographic explanation as to why the photo showed the wrong side of the body.
This was taken with a digital camera and the side of the face was correct, but not the arm. From testimony, they were to the same side of the body, photographically, they were one opposite sides.
Morgana
03-17-2008, 06:54 AM
I had an employee testify under oath that her Doctor told her she was suffering "from ping pong balls of the spine" and "arthritis of the skull."
This employee was in a low impact car accident. She also claimed her gall bladder removal, ovary removal, TMJ, root canal, rotator cuff (9 months later), as well as assorted headaches, dizziness etc were due to the accident.
She got really quiet when the video showed she wasnt even in the car....
We just recently found out she is suing someone else (we got the subpoena for the records). She had some water damage in her home and they sprayed something to retard mildew and she is now suffering from headaches, dizziness, TMJ.....
True story!
cactus jack
03-17-2008, 11:22 AM
That's sad. Gives the good lawyers and legitimate cases a bad rap.
complwyr
03-17-2008, 03:05 PM
Well, Elle, I don't have a photographic explanation for that discrepancy.........
But I have known some folks who did seem to have some form of arthritis inside their skulls....in the gray matter part.
CaLaborLawAttorney
04-30-2008, 08:18 PM
Elle, I don't doubt that story for a second. I try to weed out those folks on the front end, before my name gets sullied by association with them. And if someone does not have a legitimate injury, I don't want to represent them anyway.
Here in NC, however, statistics show that most work comp fraud is committed by the employers---either cheating on their premiums or not getting insurance at all. how is not getting insurance tantamount to fraud?
complwyr
04-30-2008, 08:52 PM
The NC Industrial Commission calls it "fraud" when an employer who is supposed to have the insurance mandated by statute fails to get it. Not sure why they use that particular term. But there are a lot of non insured employers in NC and the Ind. Commn prosecutes them under their fraud procedures. Maybe that is why they call it a form of fraud. But the cheating on premiums is rampant too, apparently, and that is clearly fraud.
CaliforniaLaborLaw
04-30-2008, 09:42 PM
how is not getting insurance tantamount to fraud?
thanks for the insight.
ElleMD
05-01-2008, 07:58 AM
That is the term used here as well. Typically when the insurance lapses but the employees are led to believe they are covered.
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