En algún momento en el proceso de litigio – desde el momento en que presentemos una solicitud de juicio a la fecha del juicio en sí, una oportunidad puede surgir para mediación. La mediación es una reunión informal entre ambos partidos, moderado por un abogado neutral llamado un mediador (el mediador no tiene interés en el resultado del caso, y …
Reimbursement of Medical Expenses
When an insurance carrier denies a claim, the injured worker is placed in the position of having to pay for his or her medical treatment while the case is pending and before a judge has ruled on the merits of the claim. If the claim is determined to be compensable under the Defense Base Act, then the individual is entitled …
Nurse Case Managers
Dealing with nurse case managers in Defense Base Act claims sometimes can be beneficial, but at other times may not be in your best interests. If the nurse case manager is assisting you in scheduling of appointments, that is fine. However, you must watch to make sure that the nurse case manager is not working as an “investigator” for the …
What is Mediation?
At some point in the litigation process – from the time we file a request for trial to the trial date itself – an opportunity may arise for the Parties to attend mediation. Mediation is an informal meeting between the Parties, moderated by a neutral attorney called a mediator (the mediator has no interest in the outcome of the case, …
Denial of Claims
Recently we have seen a rash of denials of Defense Base Act claims on the assertion that the injured worker did not notify the Employer of his accident or injuries. In order to ensure that your Employer is notified, please make sure to keep a copy of any and all documents reporting the injury. If you must, we would recommend …