It's hard to imagine anything in today's world that has not been impacted by COVID-19. The legal profession is, of course, no exception. Lawyers must be prepared each day to respond and adjust to the shifting sets of challenges presented by the coronavirus pandemic. The goal for each attorney should be to provide excellent legal services while ensuring that everyone involved stays healthy and safe. For depositions during this time, we feel that this goal is most effectively accomplished via remote video conferencing. It’s hard to imagine anything in today’s world that has not been impacted by COVID-19. The legal profession is, of course, no exception. Lawyers must be prepared each day ... Continue Reading
Expert Witness: To Exclude, or Not to Exclude, That is the Question
A significant factor to consider when evaluating a case, in particular for purposes of settlement, is whether the opposing party intends to utilize expert witnesses. The inclusion or exclusion of opposing party's expert witness in some instances may make or break a case. The lack of an expert witness such as an economist may prohibit a plaintiff from proving future lost income which would significantly diminish the value of the case. Or failing to disclose a orthopedist as a testifying expert may preclude an injured plaintiff from establishing causation. Alternatively, the use of such expert witnesses by the plaintiff may significantly strengthen their case and convince you or your ... Continue Reading
Change of Condition vs. Fictional New Injury: A review of AZ Atlanta et al. v. Surge Staffing, LLC, et. al.
The workers compensation Act is most successful in its application when an injured worker receives all necessary and related medical treatment needed to return the employee back to his pre-injury state that allows him to pursue gainful employment. Ideally, the employee’s condition is restored so far as he is capable of performing the same pre-injury work duties for the same employer. In some circumstances, however, returning the employee to the pre-injury work duties can reaggravate the underlying condition that once took the employee out of work. In other circumstances, a new and separate incident within the course of employment occurs following the employees return to ... Continue Reading