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.

Don't Cheat Yourself

When you have been injured in a car accident, you need money to fix your car, to pay your medical bills and to keep a roof over your heard. Insurance companies know this. A friendly insurance adjuster might a day or two after the accident and offer you $1,500 - $2,500 to settle your claim hoping that you will settle low before you find out what is fair.

Don't cheat yourself! Don't settle until you know how serious your injuries are. Frequently doctors do not diagnose permanent injuries until six months or more after the accident. What looks like a simple whiplash a day or two after an accident can turn out to be a serious permanent injury which may require surgery. If you already settled your case, you can't get more money from the insurance company.

Before you settle your case, you need to talk to an experienced personal injury attorney. Keenan Powell has been fighting the good fight for injured Alaskans for over 25 years. Free consultation. Call: 258-7663 or 800-386-5678.

Distracted Drivers

Each year 5,800 people die in car accidents caused by distracted drivers. Another 515,00 people are injured. (Source: National Highway Traffic Safety Administration). There have been two terrible car accidents in Anchorage in recent weeks on clear days with good driving conditions. We all like to think that because we are careful drivers, we won't be in an accident. The problem is that we cannot control other drivers who are irresponsible or distracted.

Dealing with the insurance companies and medical bills is a whole new arena. Most people don't know what to ask for or what is fair. When you hire an attorney, that's your attorney's job.

Consultations with Keenan Powell are free of charge. Call: 258-7663 to make an appointment today. Toll free: 888-368-5678.

Fighting the Good Fight

I love my job. I believe in my clients and our cases. I fight against liars, cheaters, corporate greed, oppression, exploitation, sell-outs and indifference. I fight for justice. When I am stand up before a jury to introduce myself and my client, I always state that it is my privilege and honor to represent my client. These are not just words. This is how I feel. My strong feelings is what drives me to obtain justice for my clients. I love my job because I get paid to fight the good fight.

Sexual Harassment and Sex Discrimination

With the recent revelations of David Letterman, sexual harassment has gained attention in the media again. Alaska law and Alaska juries recognize that any sexual relationship between a supervisor and an employee is inherently coercive. Whether the supervisor explicitly or implicitly demands sex in exchange for a condition of employment (obtaining a job or raise, keeping a job, avoiding an undesirable job assignment or demotion, avoiding being fired), because of the inherently coercive nature of the relationship, sexual harassment has occurred. Sexual harassment has occured even though the employee submitted to the advances or not.

Sex discrimination may have occurred even if there are no sexual demands but when conditions of employment are related to the employee's gender. Sex discrimination occurs when a male counterpart is paid better than a female employee or when a male counterpart is given better job assignments or promotions despite seniority.

Sexual harassment and sex discrimination are serious problems in our culture which will continue as long as they are tolerated.

If you have been a victim of sexual harassment or sex discrimination, you should seek the advise of an attorney as quickly as possible.

Negotiating Car Accident Claims Seminar

Seminar: Presented by Keenan Powell, this seminar is intended for the injured Alaskan who wants to negotiate his or her own claim. You will be provided with the "nuts and bolts" of presenting your claim.

Topics: Types of claims, types of insurance, liability, comparative negligence, doctor's liens, subrogations, tax consequences, hiring an attorney, documenting and negotiating bodily injury claims, property damage claims, lost wages, medical bills, emotional distress, uninsured/underinsured motorists claims.

Where: Spenard Recreational Center, Anchorage, Alaska.

When: October 13, 6:30 - 9:30 PM.

Admission: $ 15

Police Pursuits

The only thing worse than a drunk driver is a drunk driver being chased by the police. While a drunk driver poses obvious risks to the public safety, pursuing the drunk forces the drunk to try to outrun the police by increasing his or her speed.

By chasing the drunk driver, the police have taken a situation that may result in an accident and increased the chances of an accident. Not only have the police increased the chances of an accident, the police have increased the severity of the accident because the police are forcing the drunk to drive faster.

The role of a personal injury attorney is to obtain compensation for the injured person. Yet the injured person is not the only beneficiary of the claim. In the case of police pursuits, the public is the beneficiary as well. All over the country, police departments have been reviewing their policies and training programs regarding high-speed pursuits. The reason why the police are becoming accountable for their actions is because they are being held accountable for their actions by attorneys representing the innocent bystanders who were injured.

Making A Difference

It is my honor to represent injured Alaskans to recover compensation for injuries inflicted by a negligent party. Many of my clients suffer permanent disabling and painful injuries. No one understands the impact that chronic pain or other disabling injuries imposes upon an injured person. Even the people closest to the injured person are unable to understand what that person truly suffers.

Fortunately the medical field has advanced enough in the past few decades to offer some relief to chronic pain patients but at a great financial expense. When I prosecute a claim on the behalf of a seriously injured person, the goal is to obtain money to compensate for lost wages, medical bills, life care costs, and pain and suffering.

There is often a side-benefit that results from the claim: The negligent party becomes responsible for his or her behavior. Whether it is a hospital, the State of Alaska or a police department, the defendant is made aware of the breakdown in its systems which resulted in injury to my client. It is comforting to myself and to my clients that our efforts have led to the defendant's adoption of different policies, better screening of employees and increased training which will prevent other people from being injured in the future.

Foster Child Abuse

In Alaska, like the rest of the United States, there are children who are abused in foster homes. The abuse includes sexual abuse, mental abuse, emotional abuse, physical abuse and sometimes ends in murder. The State of Alaska and the agencies which place a child in a foster home, supervise the foster home and provide support services to the foster child are all responsible for the safety and welfare of the child. In two recent trials, the State of Alaska has been held responsible for its negligence in relation to foster child abuse. If you suspect that your child is being abused in a foster home, you should contact an attorney to investigate the matter.

Death by Mistake

An estimated 200,000 people die from preventable medical errors and hospital-aquired infections each year. The Hearst Corporation published an excellent article on-line regarding medical malpractice "Death by Mistake". The article describes common hospital errors, case stories and laws to prevent errors. Currently in Alaska there are no laws requiring hospital to report medical errors.

Read the article at: http://www.chron.com/deadbymistake/.

Nursing Home Negligence

Many of our seniors and disabled relatives live in nursing homes or assisted living. Many of these institutions provide excellent care. However it is important to be vigilant in watching your loved one for signs of neglect or abuse. Some, not all, of signs of neglect or abuse include:

1. Bed sores

2. Falls: falling out of bed and slip and falls

3. Overmedication and undermedication

4. Malnutrition and dehydration

5. Seniors walking away from the institution

6. Assault and sexual assault

7. Unreasonable physical restraint

If you suspect that your loved on is being neglected or abused, you need to act. Call an attorney. I would be happy to consult with you free of charge. Call Keenan Powell: 258-7663.

Hiring An Attorney

Hiring an attorney will be the most important choice you make when you need to protect your legal rights. There are people in Alaska who are representing themselves to be attorneys and practicing law without a license. Never hire someone who is not licensed to practice law. A non-attorney will not be around to help you when things go wrong and the Bar Association cannot help you if that person commits malpractice.

There are a number of ways to obtain the names of attorneys who practice in a particular area of law. Many attorneys maintain websites which will provide information regarding where they went to school, how long they have been practicing, what areas in which they practice and representative verdicts and settlements.

Besides asking your friends for referrals and searching the internet or the telephone book, you can call the Alaska Bar Association Lawyer Referral Service, 272-0352, to obtain the names of attorneys who practice in the area that is related to your question. If your case is a Workers Compensation case, you can call the Workers Compensation Division for a list of attorneys. The telephone numbers are: Anchorage 269-4890, Fairbanks 451-2889 and Juneau 465-2790.

After you have the names of attorneys who you are considering, you should do some research. First, find out if the attorney is an active member of the Alaska Bar Association. Go on-line to: http://www.alaskabar.org/index.jsp. There is a search engine at the website for the public to use to find out if the attorney is an active member.

On the same website, there is a list of attorneys who are in compliance with "MCLE/VCLE". That means that they have taken all of the continuing education which is required. The public can access that list. It is important that attorneys are current in developments of the law and take ethics courses.

When you call an attorney for an initial consultation, ask him or her on the telephone how much the consultation will be before you go in. Be prepared. Bring all of the documentation which you have regarding your case.

When you meet with attorney, ask if the attorney has malpractice insurance. Be weary of an attorney who does not carry malpractice insurance.

Good communication is critical to good representation. Select an attorney with whom you feel you can communicate comfortably.

Make sure that your fee agreement is in writing.

Keep copies of everything that the attorney sends to you.

You are entitled to be kept up to date regarding the status of your case. Sometimes attorneys get busy and don't have the opportunity to call all of their clients. You should feel comfortable in calling your attorney to request status updates.

Finally, if you do not feel comfortable with the progress of your case, first ask to meet with your attorney to have your questions answered. If you are still uncomfortable, get a second opinion. Meet with another attorney and review your case. The second opinion attorney is bound to attorney-client privilege and is not allowed to call your attorney unless you authorize it.

Domestic Violence

According to the National Coalition Against Domestic Violence, almost 75% of Alaskans have experienced or know someone who has experienced domestic violence or sexual assault. In 2003, Alaska was the highest state in homicides of women by a man.

The law provides for protection of victims of domestic violence. Over the years, the definition of domestic violence has expanded and the remedy available has expanded. In addition, a Domestic Violence Order cannot be denied because of the lapse of time between the violence and the filing of the petition. A violation of a Domestic Violence Order is a crime.

If you are a victim of domestic violence, STAR (Standing Together Against Rape) recommends that you make an Exit Plan: plan before you leave what you will take, where you will go and how you will get there and how to keep safe after you leave.

If you know someone is a victim of domestic violence, STAR recommends that you be supportive to your friend and remind him or her that help is available, the victim does not deserve to be abused, it is not the fault of the victim and the you are there for the victim.

In order to obtain a protective order, the forms can be obtained at the Boney Courthouse, 303 K St First Floor, or AWAIC. The hours for filing a petition for protective order at the Courthouse are Monday - Friday, 8 AM-9PM, Saturday, Sunday and holidays: 12 PM to 9 PM.

AWAIC's 24 hour hotline is: 272-0100. STAR's 24 hour hotline is: 276-7273.

Prescription Drug Overdose

In the past several months there have been two documented accidental deaths due to prescription drug overdose: Heath Ledger and Anna Nicole Smith. Now there are concerns that the same cause may have been responsible for the death of Michael Jackson.

The dangers of negligent prescription of drugs includes death, brain damage and addiction. The danger of death or brain damage can occur even if the drugs are taken in the appropriate doses if they are coupled with other drugs.

Doctors and pharmacys are responsible for the drugs that they prescribe to their patients. The authorities cleared Heath Ledger's doctors. In Anna Nicole Smith's case, the prosecutors have indicted two individuals. The federal authorities and California authorities are now investigating the circumstances that led to Michael Jackson's death.

It is important to read the warnings provided with the drugs that are prescribed to you. Don't expect the doctor or the pharmacist to know what the side effects are or to warn you what combination of drugs is unsafe.

Sexual Harassment at Work

Sexual harassment of employees is sex discrimination. It is against the law. Someone who has been sexually harassed can sue his or her employer to recover damages for lost wages, emotional distress, medical costs and punitive damages. There are two types of sexual harassment which occur in the workplace:

1. Harassment which "severe and pervasive" resulting in a hostile work environment.

2. The request for sexual favors in exchange for changes in employment which is called "quid pro quo". Examples of this is when a supervisor demands sex in exchange for a more favorable job assignment or as a condition of hire.

Employers can be held responsible for the sexual harassment of their employees by co-employees and by supervisors depending upon the circumstances.

If you or someone you knows has been subjected to sexual harrassment at work, you should call an attorney for a consultation as soon as possible. Valuable rights can be lost if a claim is not timely filed.

Free Legal Clinics

Alaska Legal Services offers free clinics in divorce, custody and landlord-tenant on a monthly basis. The schedule can be accessed at: http://www.alsc-law.org/clinics.html.

Workers Compensation

Workers Compensation benefits are due to an employee who has a "work-related" injury. These benefits can include temporary disability (permanent or partial), permanent total disability, permanent partial impairment rating, medical benefits, travel benefits (to attend medical appointments), reemployment benefits, and attorneys fees.

Workers Compensation is a very complicated area of law. There is a great deal of information on the Alaska Workers Compensation Board website, http://labor.state.ak.us/wc/.

You can get the names of attorneys who practice in the area of workers compensation by calling the Alaska Bar Association, Lawyer Referral Service, 272-7469 or Alaska Workers Compensation Board, 269-4980.

Identity Theft

Today's guest on my radio show is Tara Simms from BBB. Tara will be sharing information with us about how to protect ourselves from identity theft and other scams. To visit the BBB website, go to: http://www.bbb.org/ or call 562-0704.

Protecting Your Home

This is the time of year that flyers are left at homes for lawn maintenance, window cleaning etc. Before you call someone you don't know to work around your house, you need to find out if this person is trustworthy. These kinds of businesses can be a front for scam artists and burlgars. You should investigate these people:

First, look the business name up in the Alaska Divsion of Corporations website "Business License Search": http://www.commerce.state.ak.us/occ/. The business license will tell you the name of the person running the business.

If you can't find a business license and the person isn't using his/her real name, don't use them.

Second, if the business license shows that the owner is a corporation, look up the corporation name to find out who owns it on the same Alaska Division of Corporations website: http://www.commerce.state.ak.us/occ/

Third, once you have the name of the owner of the business, go to the Alaska Court sytem website to find out if the owner has any criminal charges: http://www.state.ak.us/courts/. Look in the "Trial Court Cases" search.

Once you have researched this person and discovered if he or she has a criminal history, you can make a decision about whether you want to risk having that person around your home, seeing what you own, who lives there and what your patterns are.

If you are still interested in using this person, then you should request references and call the reference. Make sure that the reference is a responsible member of the community and find out how the reference knows them, how long, how familiar the refernence is with the person and if that person provided any services to the reference.

Automobile Insurance

Today we will talk about automobile insurance. Alaska law requires all drivers to carry liability in the minimum amount of $50,000/$100,000 limits. The purpose of liability insurance is to protect the driver and his assets in the event that he is found liable for causing an accident. You may also purchase:

• Medical Payments Benefits. The minimum limit sold is $5,000. Medical Payment Benefits will pay the medical bills of the passengers and driver in your vehicle.
• Uninsured/Underinsured Motorists Benefits. This coverage protects you when the at-fault driver has no insurance or is underinsured. Limits are a maximum of $1,000,000/$2,000,000.
• Comprehensive/collision. Comprehensive and collision pay for the damage to your vehicle.
• Gap Insurance. Gap insurance will pay off the loan of your vehicle if, when it is totaled, you owe more than the fair market value.

Investment Advisors

Last week Al Biss from Edward Jones joined us the radio show to explain Ponzi schemes and the GM bail out.

Should Alaska Have a Dealth Penalty?

Every year there is a bill introduced to the Alaska legislature for a death penalty. There is a death penalty in federal cases. Does Alaska need a death penalty?

Is the Civil Justice System Broken?

Some people believe that the civil justice system is broken: too many lawsuits, unfair jury verdicts. Other people believe that the American civil justice system is the best system to right the wrongs that are done to us. What do you think?

Law Day

May 1 is Law Day. Law Day was established in 1958 by President Dwight D. Eisenhower as a day of national dedication to the principle of government under law. It is a day to learn more about how the legal process contributes to the our personal freedoms. Today's radio show will be about the civil justice system.

Next Week's Topics: Hiring Attorneys and Car Accidents

Thanks to all of the folks who called in yesterday. We talked about homestead exemptions and enforcing judgments. Next week we'll talk about hiring an attorney and car accidents. If you have any suggestions about topics, please feel free to e-mail me at: keenan@gci.net. Also check my website links page for links to helpful resources: http://www.keenanpowell.com/.

Talk Radio Show Mondays 12:30 Keni 650 AM

Look for my talk show on Keni radio 650 AM Mondays at 12:30. Last week we talked about the dismissal of Senator Steven's case. This week I plan to discuss:

1. Foreclosures,
2. Proposed Municipality of Anchorage bike plan,
3. Seniors and the law.