Everyone has heard this maxim at one point or another in the past. This is particularly true in the context of litigation. Oftentimes, due to the confusing circumstances surrounding an injury, the time delay, or simply poor memory, stories become confused. What a person does not want to happen is to be accused of misguiding the court. Therefore, from the …
Medical Evidence
Recently there seems to be a trend coming from the Appellate Courts giving great deference to a Trial Judge when interpreting the medical evidence within claims falling under the Longshore and Harbor Workers’ Compensation and the Defense Base Act. In the past the Courts tended to look for substantial evidence by the Employer/Carrier either disputing the injuries or disputing an …
Breathing Issues
Breathing issues are a major concern that are often ignored by the Employer In reviewing recent inquiries from both our existing clients as well as potential clients we are noticing more and more concerns regarding individuals who come home and are either being treated for or develop breathing problems. It is clear under the Defense Base Act that any type …