Friday, October 30, 2009

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.

Monday, October 26, 2009

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.