November 2009

Considering the results of my first appeal were less than celebratory, I am happy to write my second appeal. . . and first win!  You can view the case, MedPartners/SRS v. Zenith here.

The issue was a contribution claim between two Carriers with the same Employer spanning two dates of accidents.  I represented the Carrier of the first accident (Carrier #1).  The Carrier of the second accident (Carrier #2) sued us for contribution, claiming that all of the medical care for the second accident was wholly related to the first accident. 

My defense was the Statute of Limitations; that it ran against Claimant and therefore prevented Carrier #2 from seeking contribution against Carrier #1. 

(More after the jump.) (more…)

Let Admiral Ackbar be a harbinger of what can happen with your PTD claims.  We are less than two months from the new year where many Carriers increase PTD supplemental benefits by the statutorily required 3%.  Many of you will look at your Claimant’s birthdate, and will dance with glee upon seeing that their 62nd birthday is coming up, for this means all future supplemental benefits payments will cease.

But, take heed!  Admiral Ackbar warns you of the trap! 

(More histrionics after the jump.) (more…)