Volume 21 No. 121 January 2009

ANSWER: YES, DEPENDING ON THE FACTS OF THE CLAIM AND THE STATE WHERE THE CLAIM IS PENDING.ANSWER:  YES, DEPENDING ON THE FACTS OF THE CLAIM AND THE STATE WHERE THE CLAIM IS PENDING.             The applicable doctrine to this set of facts is the doctrine of judicial estoppel that prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding.  Based on the factors set forth by the United States Supreme Court, the insurer can defend denying a claim based on judicial estoppel if the insurer can show that (1) the ... Continue Reading

With the exponential growth of the Internet over the past decade, an immense amount of information is now readily available to the public through relatively little effort.            With the exponential growth of the Internet over the past decade, an immense amount of information is now readily available to the public through relatively little effort.  Unlike a library, this information is accessible at virtually any time without leaving one’s home or office.  The purpose of this article is to discuss ideas for using the Internet in handling and defending workers’ compensation (or any other personal injury) claims.  In ... Continue Reading

We have all experienced the long road leading the trial. The Claimant requests income benefits from his date of accident to the present and continuing.            We have all experienced the long road leading the trial.  The Claimant requests income benefits from his date of accident to the present and continuing.  We exchange formal discovery, interview witnesses, depose the Claimant – possibly a doctor or two, review mountains of medical records, and finally, try the claim.  The hard work all pays off when the Administrative Law Judge finds the Employer/Insurer have met their burden, or defended the claim strongly enough ... Continue Reading

Impeachment of a witness is the process by which the laws of evidence allow the attorney to call into question the credibility of a person who is testifying at a trial.            Impeachment of a witness is the process by which the laws of evidence allow the attorney to call into question the credibility of a person who is testifying at a trial.  There are several ways to impeach a witness, which include: 1) showing that the witness is biased for or against a certain party, 2) showing that the witness has made prior inconsistent statements, 3) showing that the witness had a physical or mental limitation, and therefore could not have accurately ... Continue Reading