Northern Virginia Personal Injury Lawyer - Miscellaneous - Most Popular

Prudential Hit for Denying Disability Benefits

Ben Glass — Mon, 12 Mar 2007 15:12:50 GMT

A jury ordered Prudential Insurance Co. to pay $15.5 million to an woman who was denied her disability benefits. The woman applied for benefits because she suffers from chronic fatigue, fibromyalgia, lupus, and an immune system disorder.

One thing that immediately comes to mind is that this wasn't her employer's group disability policy. Those policies are virtually worthless (as explained in my book, Robbery Without A Gun.) and you can't get a jury, let alone punitive damages. (Don't get me started about ERISA, the great rip off of American employee)

The San Diego Tribune has this story.

According to that paper's website:

On Thursday, the jury ordered Prudential Insurance Co. to pay $14 million in punitive damages on top of $1.5 million it awarded Johnson last week in compensatory damages to cover benefits the company had refused to pay.

Maybe a verdict like this, assuming it is upheld or forces a substantial settlement, will force Prudential to act responsibly. Prudential has a lot of this business and we do see their name come up quite frequently in new client interviews. Like UNUM, it often takes a few jury verdicts to get the corporate heads to wake up and smell the coffee.

Originally posted at InjuryBoard by Ben Glass

Death From Falling Soccer Goal

Ben Glass — Fri, 11 May 2007 16:11:27 GMT

As a life long soccer player and soccer referee for over 30 years, this story saddens me deeply.

Apparently another child has died from injuries sustained when a soccer goal tipped over.

The death of a 10 year old Winchester, Virginia soccer player happened just a couple of days ago.

The consumer product safety commission has long warned of the danger of soccer goals tipping over, yet even today some movable goals remain unanchored.

This recent tragedy has prompted Virginia State Soccer Referee Administrator, Scott Meyer, to issue the following directive to referees:

As this tragic incident shows, goals can tip over and players can be injured and players can be killed. It is everyone's responsibility to see that this never happens again in any soccer match played in Metro DC and Virginia.
Referees, you must inspect the goals before every match to ensure they are securely anchored. Do not let a game be played if they are not anchored. Don't let players hang on the crossbar.
Instructors, no matter how many times you think you have said it, say it again, 'Referees must ensure that the goals are anchored.' We need to reinforce the tragic lessons learned from this event.
Assessors, if you ever witness a game where the goals are not anchored, do two things: get the match stopped until the goals are anchored and then fail the referee.
Assignors, please communicate with all your referees. Remind them that they must inspect the goals and ensure they are securely anchored.
This is a zero tolerance area. We need to work as one unit to make sure we do what is right. The safety of the players is paramount. All of us must do our part to ensure that such a tragic incident never happens again.

We don't know all of the facts from this very sad day in Virginia soccer but I do hope that going forward, parents, coaches and referees don't sacrifice safety in order to "get the game played."

The cost is too high.

Originally posted at InjuryBoard by Ben Glass

Fairfax, VA fraud: "you owe the police $7,500 for false alarms from your burglar alarm.

Ben Glass — Sun, 14 Dec 2008 13:07:47 GMT

A woman at reported getting a call with this message by a "bill collector."

The "bill collector" told her that they were collecting an overdue debt owed the "Fairfax police" because of false alarms from your burglar alarm.

Just another scam.

My friend lives in a one bedroom apartment in in Sterling, Virginia (not Fairfax County). She's never owned a burglar alarm. The "bill collector" just hung up when she told them, "just call my lawyer, he'll take care of you."

Consumer message: whenever anyone you don't know CALLS you asking for money, from "charities" to "bill collectors," just tell them to put it in writing and mail it to you.

If they have to ask for your address, or hesitate at all, they are likely frauds.

Originally posted at InjuryBoard by Ben Glass

How CareFirst BlueCross Blue Shield Wastes Your Money

Ben Glass — Thu, 23 Aug 2007 08:52:43 GMT

My family is insured under an individual health insurance policy with CareFirst BlueCross Blue Shield here in Virginia. Every so often I get a letter from a law firm called Seidel Subrogation Associates, LLC, which demands information from me, on behalf of CareFirst BlueCross BlueShield.

Someone is paying to send out the letters. Probably me since I am a policy holder.

CareFirst has obviously shared some private information with this law firm, and the letter states that "federal law" allows this information sharing.

Ugh?

The letter makes the false claims that

1. My insurance contract requires reimbursement for money received from CareFirst if I subsequently settle a third party tort settlement. (It doesn't--Virginia law expressly prohibits this type of "subrogation/reimbursement" obligation in individual health insurance policies.

2. The contract gives CareFirst BlueCross Blue Shield the right to recover payments resulting from accidental injury caused by another person. (It doesn't--same law.)

3. That disclosures about my famiy's medical information that CareFirst has made to this firm is permissible under federal and state law. (How could that be if there are no such provisions in my policy and Virginia law prohibits such provisions?)

No, this isn't a policy covered under ERISA. Yes, I've written to CareFirst and Seidel before pointing this out. Yes, they have both ignored me.

The next time you see an insurance company moaning about rising costs consider how much money they waste every year sending out these letters to thousands of Virginia insureds.

Originally posted at InjuryBoard by Ben Glass

Middle School "No Touch" Rule is Nuts

Ben Glass — Wed, 20 Jun 2007 06:13:37 GMT

OK, OK, this might not be directly related to the law but it is about life, so I'm writing about it.

It's bad enough when schools ban dodgeball, soccer, football and the like. My seven year old tells me that when they play kickball, they can't throw the ball at the runnner to get them "out." (Those games on Jayhawk Street in Annandale would have gone on forever without being able to throw the ball at someone to get them out.)

It seems, though that Kilmer Middle School in Fairfax County has banned all touching. That's right! No "high fives," no handholding amongst consenting middle schoolers, no hugging.

Their reasons (according to quotes in the Washington Post):

1. one things leads to another
2. we are too crowded

Well, OK, why stop at touching?

I've got two more rules for the administration at Kilmer Middle School:

1. No talking at all (I remember that from my parochial school days at good 'ol St. Mike's in Annandale.
2. Just walk around with your hands on top of your head (I saw that once in a movie about San Quentin

That will keep order!

Originally posted at InjuryBoard by Ben Glass

Consumer Alert (again) Lawyer Directory AttorneysDelivered.com

Ben Glass — Thu, 17 Jul 2008 21:49:21 GMT

I previously talked about DUI1.com a "Find Your DUI lawyer" website that boasted about its qualified lawyers at the same time it was soliciting lawyers to "join the network" by telling them that they were qualified to handle DUI cases if they knew how to plead their clients guilty.

Today I got an unsolicited email from an outfit www.attorneysdelivered.com.

To the consumer, they make the following claims at their website:

1. The attorneys on their site are "professionally screened."

2. If you find an attorney here, you've found a winner.

3.Our attorney directory specializes in providing you with lawyers and attorneys that are winners. Inclusion is based on winnings. We understand that finding the best isn't easy.

4.The best part is, you won't find the average joe lawyer here ... only the ones you wan't defending you ... that will get you the settlement you deserve and....

5. We save you the trouble of researching for a great attorney. Inclusion is not based on payment but on an algorithm of success, winnings, and reputation.

So, I decided to "apply" for a listing. I went through their sales process. Know what qualifications they asked for?

Name:
Address:
Credit Card!!

Now, maybe there's a criteria hidden somewhere... if so I didn't see it. I emailed the site owners about what the criteria was and they replied, vaguely, about having an "internal criteria" and "if you got our email you are qualified!"

Good answer, except that any attorney could apparently get listed by providing a credit card.

In most states, this site would violate the attorney advertising ethics rules. These ethics committees get real uncomfortable with anyone advertising (or allowing someone to advertise for them) that they are the best. If the state ethics committees investigated the 'criteria' that is apparently being used here, they would have a fit.

Look, ethical rules aside, attorneysdelivered.com may be doing some high end, quality screening. Maybe.

It wasn't obvious and they certainly didn't satisfy my curiousity with their response to my email.

Consumer need to take responsibility for choosing the right lawyer for their case. There's a ton of things you can do to protect yourself. I've actually written a book on the subject and its available at Amazon.com.

Originally posted at InjuryBoard by Ben Glass

Beware of any Group Disability Policy

Ben Glass — Mon, 15 Jun 2009 13:57:00 GMT

Many professional athletes find themselves doing battle with their sports group disability plan insurance carrier.

In 2006, an appeals court awarded the estate of former Pittsburgh Steelers center Mike Webster more than $1.5 million in disability pay from the plan. It was the first successful challenge of the plan's rules and it has given hope to many of the players who feel left out.

While this is a victory for the players, I can tell you that any athlete seeking disability pay from these plans faces an uphill battle.

Most group long term disability polices (those offered by employers) stink. If you can afford to, and you want real disability insurance, you should be talking to a broker about a private/individual policy.

Most group policies aren't worth the paper they are written on because:

1. The protect you if you can't work in your own occupation for only 2 years.

2. If any part of your disability is caused by a mental or nervous disorder, the limit is generally 2 years. (And the disability insurance companies will do their best to lump your disability into the mental and nervous box.

3. Group policies are governed by ERISA. This means, generally, that the insurance company's decision on your claim is entitled to the benefit of the doubt and can only be reversed by a court for an abuse of discretion. This means you have to show that they are really, really wrong.

Originally posted at InjuryBoard by Ben Glass

Four Types of Disability Claims That Are Frequently Denied

Ben Glass — Fri, 30 Apr 2010 17:56:00 GMT

While just about any injury or ailment has the potential to be denied disability benefits, some tend to be turned down more often. Unum Group, which is one of the largest insurance companies, has stated that it denies almost 10 percent of the claims that are received.

In the March 2010 issue of SmartMoney, there was an article that listed some of the medical conditions that are frequently denied disability benefits. The article, “Too Sick to Work? They Disagree,” listed the following as the conditions that are commonly turned down:

Back Pain: If you file a disability claim for back pain, expect to be heavily scrutinized. It’s even worse if you don’t have a straightforward injury. Don’t be surprised if you discover that the insurer had someone following you to catch you doing something that doesn’t coincide with your claim.

Pregnancy Complications: A third-party claims reviewer in Florida said that about 25 percent of the contested denials he sees are related to pregnancy. Maternity-related conditions may include bed rest following birth or a difficult C-section.

Carpal Tunnel Syndrome: Over the last decade, there have been advancements in the treatment of carpal tunnel syndrome, including surgery. However, not everyone feels comfortable going the surgical route. Insurers sometimes decide that if the claimant forgoes surgery, he or she is ineligible for benefits.

Mental Health: The therapist’s notes may not be off limits for the insurance company. A simple statement made by the patient, such as feeling “much improved,” could be used by the insurer as a justification to stop payments.

When it comes to disability claims, the sooner you contact a Virginia disability insurance lawyer, the better.

Originally posted at InjuryBoard by Ben Glass

Pet Food Recall Class Action Lawsuits

Ben Glass — Fri, 23 Mar 2007 10:38:31 GMT

The first class action lawsuit, with 95 pet owners, has been filed in Wisconsin.

The lawsuit, against Menu Foods Inc.,alleges that it produced and distributed pet food that might be dangerous, and possibly deadly, to animals.

We have received several calls on these cases and will help coordinate Virginia claims. We will be working with other firms nationally who are handling the Menu Foods pet food recall case.

Here are the recalled brands:

Recalled cat foods

Americas Choice, Preferred Pets; Authority; Best Choice; Companion; Compliments; Demoulas Market Basket; Eukanuba; Fine Feline Cat; Food Lion; Foodtown; Giant Companion; Hannaford; Hill Country Fare; Hy-Vee; Iams; Laura Lynn; Li'l Red; Loving Meals; Meijer's Main Choice; Nutriplan; Nutro Max Gourmet Classics; Nutro Natural Choice; Paws; Pet Pride; Presidents Choice; Price Chopper; Priority US; Save-A-Lot Special Blend; Schnucks; Science Diet Feline Savory Cuts Cans; Sophistacat; Special Kitty Canada; Special Kitty US; Springfield Prize; Sprout; Stop & Shop Companion; Tops Companion; Wegmans; Weis Total Pet; Western Family US; White Rose; and Winn Dixie.
Recalled dog foods

America's Choice, Preferred Pets; Authority; Award; Best Choice; Big Bet; Big Red; Bloom; Cadillac; Companion; Demoulas Market Basket; Eukanuba; Food Lion; Giant Companion; Great Choice; Hannaford; Hill Country Fare; Hy-Vee; Iams; Laura Lynn; Loving Meals; Meijer's Main Choice; Mighty Dog Pouch; Mixables; Nutriplan; Nutro Max; Nutro Natural Choice; Nutro Ultra; Nutro; Ol'Roy Canada; Ol'Roy US; Paws; Pet Essentials; Pet Pride - Good n Meaty; Presidents Choice; Price Chopper; Priority Canada; Priority US; Publix; Roche Brothers; Save-A-Lot Choice Morsels; Schnucks; Springfield Prize; Sprout; Stater Brothers; Stop & Shop Companion; Tops Companion; Wegmans Bruiser; Weis Total Pet; Western Family US; White Rose; Winn Dixie; and Your Pet.

Originally posted at InjuryBoard by Ben Glass

Vienna Virginia Fireworks Injury Horror

Ben Glass — Thu, 05 Jul 2007 08:32:06 GMT

At least nine people were injured last night at Vienna elementary school in Vienna Virginia when fireworks at a public fireworks display misfired and were shot into the crowd. According to news reports this morning several of the injuries are serious and one man has been transported to the Washington Hospital Center's burn unit.

Unfortunately, fireworks are a major cause of injury in the United States. In 2005, 10,800 people were treated for fireworks-related injuries in emergency rooms across the United States.

For more information on this subject matter, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Ben Glass