Just Because You're Paranoid....

"Just because you're paranoid doesn't mean they aren't after you." - Kurt Cobain.

If you were injured at work and filed a Workers Compensation claim, you might get the feeling that someone is following you around. Because someone is. Insurance companies in Anchorage sometimes hire private investigators to follow the claimants and videotape them. If you get the feeling that you are being followed, it won't be long before the insurance company will controvert your benefits. At that point, you need to hire an attorney.

Be Careful When Hiring Legal Representation

Earlier this year, a Workers Compensation claim was dismissed because the claimant unfortunately followed bad advise from a non-lawyer about how to handle her claim. McKenzie v Assets, AWCAC Appeal No: 08-020.

In Workers Compensation cases, you are entitled to hire a non-lawyer for your representative before the Board. But, there are several good reasons why you should not hire a non-lawyer and you should hire a lawyer instead:

1. In Workers Compensation, claimant's attorneys work on a contingency fee basis. They are paid at the end of the case if they win. So it does not matter if you cannot hire an attorney, you do not need to pay money for representation.

2. Non-lawyers do not have the legal training that is necessary to competently represent a claimant. They are not around when things go wrong, so they don't know how to prevent things from going wrong.

3. Non-lawyers do not carry legal malpractice insurance. If a non-lawyer mishandles your case, it is unlikely that you will recover money from them for malpractice. On the other hand, if a lawyer mishandles your case, you can sue them for malpractice and report them to the bar association to make sure that the bar association knows that there is a problem.

4. Lawyers are required to take continuing legal education. Many lawyers, especially in the field of Workers Compensation, take more classes than they are required to take because they are motivated to provide the best service to their client.

5. Lawyers are governed by the Alaska Bar Association. They take a bar exam to be admitted to practice. Ethical complaints can be made to the Alaska Bar Association and can result in a variety of penalties. You can access the Alaska Bar Association website to see if the lawyer that you are thinking about hiring is in good standing: https://www.alaskabar.org/.

Your Workers Compensation case is important. If you have been injured at work, need medical care and are disabled from work, how you proceed with your claim can determine the quality of the rest of your life. Don't hire someone who is not competent to represent you. Be careful when hiring legal representation.

Sexual Harassment at ESPN

Sexual harassment in the media is again in the news. ESPN fired commentator Steve Phillips after he admitted to having an affair with a 22 year old ESPN staffer. According to news stories, Phillips was sued previously for sexual harassment and ESPN has been sued as well.

When an employee commits sexual harassment, the proper way for the employer to handle the situation is to terminate that employee. It is apparent that although ESPN learned it's lesson, Steve Phillips had not.

Contrast this response with the David Letterman situation. Letterman has been defended and protected by his studio and NBC whereas the staffer was put on paid leave.

Sexual harassment in the work place will continue as long as it is tolerated. Let's not tolerate it anymore.

Baby Einstein Refunds

As it turns out, Disney misled the public when it claimed that the Baby Enstein series of video would increase baby's verbal skills. The opposite is true. A study showed that babies who were exposed to Baby Enstein had delayed development of verbal skills. Disney withdrew that marketing claim two years ago. Now for a short time only, Disney is agreeing to pay a total refund for this videos. To obtain the information on how to receive your refund, go to: http://www.babyeinstein.com/parentsguide/satisfaction/upgrade_us.html.

Defamation on Facebook

Social websites, such as Facebook, give people the opportunity to post statements in the comfort of their home or office in the illusion of privacy. Yet statements made on Facebook are not private, they are very very public. A false statement posted by someone can not only be hurtful but also damage the other person's reputation.

The law of defamation has been around for centuries to protect innocent people from false public accusations. There is a defamation claim when:

1. There is a false and defamatory statement (a statement which, if believed, injures a person's reputation).

2. The statement was an unprivileged publication to a third party. Privilege exists between two doctors. If your doctor made a false statement about your health, such as you have HIV, to a friend of yours then that would be an unprivileged publication.

3. The defendant is at least negligent (the speaker knew or should have known that the statement was false).

4. The statement is "per se" actionable, such as accusing you of a serious crime, or creates some other special harm.

There is a second claim that can be brought for defamatory statements: a false light claim. A false light invasion of privacy claim arises when the defendant publicizes a matter that places the plaintiff before the public in a false light.

Identity Theft

The BBB of Alaska is offering a free, anti-fraud seminar to promote consumer protection education. The presenters include the Alaska Dept of Health & Social Services to talk about Medicare Fraud and the Social Security Administration to talk about protecting your Social Security Records. The event will be Thursday, November 12, 2009 10 AM- 12 PM at the Anchorage Senior Citizen Center, 1300 E 19th Ave, Anchorage AK 99501. RSVP: 562-0704 or events@thebbb.org.

Balloon Hoax

Last week the nation was gripped in fear over the welfare of a 6 year old boy allegedly floating across the Colorado sky in a helium balloon. Evidence is not coming to light that the parents filed a false police report in order to gain free publicity and they are about to be prosecuted for it.

In Alaska, filing a false police report is a crime under Alaska Statute 11.56.800 and Anchorage Municipal Code 08.30.050. Conviction for the filing of a police report can result in jail time up to one year and a fine as much as $ 200,000.

The resources of our state and local law enforcement are strained enough without being sidetracked by false reports so it makes good sense that we have such a law. On the other hand, the reporting of crime should not be deterred. The line between whether someone files a false police report or made a mistake may sometimes be blurry so it is important that prosecutors and the court system look at these cases hard before subjecting an individual to criminal prosecution.

If you have information regarding someone who has filed a false police report, your information should be provided to the police. If you have been accused of filing a false police report, you need to contact a criminal defense attorney. To find a criminal defense attorney, you should call the Alaska Bar Association Lawyer Referral Line: 272-0352.