Florida Disability Attorney Nancy Cavey Says Unum's Reversal Rate Almost 50%
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Dish Network's End Run Fails In Virginia Sex Offender Suit
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Dish Network is being sued by a family who say their child was molested by one of the company's installers. The family claims that Dish Network is liable because they knew that the employee was a sex offender but went ahead and hired him anyways for a job that would give him access to people's homes. It looks good for the family because juries don't exactly take kindly to child molesters and those who give them the opportunities to operate.
However, the defendant's lawyer recently tried to challenge the jurisdiction of the case, probably their last resort, by claiming that the case should be in Federal court rather than VA State Courts. Their argument was that there existed a "diversity of citizenship" because the offender had previously resided in Maryland. How long ago did he live in Maryland?
Well he was arrested in 2005, served time in VA, and had been living in Richmond since 2001 at the latest with countless documents listing his residence in Virginia. Needless to say, the court ruled that the man was a citizen of Virginia for all intents and purposes and the case was remanded to VA courts. Talk about a last ditch effort, not even sure what the point was anyways. It's hard to find any court that looks anything close to favorably on sex offenders. Read the entire court opinion on this child molester case here .
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Help! Hartford wants my social security payments!
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What happens if you are getting disability payments from your disability insurance company and you win your social security case?
Here's the answer and it ain't pretty.
Ben Glass
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Doctors Making Diagnoses By Proxy
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It's actually quite possible that your disability case will be determined by something a doctor you've never even met has to say. IMEs generally don't meet or examine the people who they're asked to assess. Instead, they review the files you've sent to the insurance company and, once in a blue moon, speak to your treating physicians. It's no wonder why they do it. It's difficult to get doctors and patients together over great distances, it lessens the possibility of a plaintiff unduly affecting or trying to embellish results (which they can tell), and it depersonalizes the process so they don't have to feel bad about denying benefits to people they like and feel sorry for.
But in this case they go beyond that. They don't even contact the treating physicians, those who have medical knowledge and know the facts of the case the best. Of course they're going to deny benefits if all they're doing is reading a piece of paper. They can come up with hundreds of excuses to discredit written words because words can't argue back like another doctor can. Not contacting treating physicians, or trying to contact them when they know they'll be unavailable (i.e. around lunchtime), simply makes the IME's job easier and it's no shock that it's incredibly common in this industry of the underhanded.
In the case of Schully v. Continental Casualty Company this was exactly the case. Click the link to read a news blurb followed by a press release and the entire opinion on the case involving IMEs and their diagnoses by proxy .
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Every Parent's Nightmare--You leave you child for a sleepover and she dies
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Here is one of the saddest cases I've come across in a long time.
Parents left their 14 year old daughter with another parent for a sleepover. The host parent promised to supervise and enforce the rule that "my daughter is not to be driven by any young male drivers. This is the rule we have at home."
The promise was made, then broken.
You can read this very sad car accident case from the Supreme Court of Virginia here.
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Doctors doing independent medical exams can be sued
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How Does a "Transferrable Skills" Analysis Work?
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