Florida ERISA & LTD WeblogSims, Stakenborg & Henry, P.A. |
Plaintiff lawyers Dorothy Clay Sims and Matthew D. Powell obtained a $1.5 million dollar verdict for a client who was charged with malingering. Read the full story here.
Dorothy Clay Sims, Esq. ~ Sims, Stakenborg & Henry, PA.
0 Comments Is your medicine cabinet filled with expired drugs or medications you no longer use? How should you dispose of them?
http://www.fda.gov/consumer/updates/drug_disposal062308.pdf
Claudeth Henry, Esq. ~ Sims, Stakenborg & Henry, PA.
Is There a Conflict of Interest If the Party Paying Benefits Is The Same Party Who Decides Eligibility?
Recognizing this conflict of interest, the Court went on to state that a reviewing court should consider an insurance company’s conflict of interest when reviewing the denial of an employee’s health or disability benefits claim.
While the court did not provide much guidance on how much weight should be given to the conflict, it provides that the reviewing court must take the conflict into account as a factor in determining whether the plan abused its discretion in denying a claim. The case is Metropolitan Life v. Glenn.
So I guess the issue of whether or not a conflict of interest influenced an insurance company’s decision to deny a claim will be judged based on the pornography standard… “I’ll know it when I see it.”
For more on the case click here: http://www.scotusblog.com/wp/wp-content/uploads/2008/06/06-923.pdf
Claudeth Henry, Esq. ~ Sims, Stakenborg & Henry, PA.
Arthritis Advisory Committee (July 29)
Tue, 10 Jun 2008 07:12:00 -0500
Claudeth Henry, Esq. ~ Sims, Stakenborg & Henry, PA.
A
The story doesn’t stop there, in alleged attempt to file a long term disability claim; Cooper called the insurance company and impersonated an employee in a doctor’s office. This case was referred by the insurance company, which initially uncovered the fraud and assisted in the investigation. http://www.ifawebnews.com As a public service announcement we remind all our clients and readers that insurance fraud is a felony in the state of
Claudeth Henry, Esq. ~ Sims, Stakenborg & Henry, PA.
Even though April 15 has passed, there is still time for retirees, disabled veterans and others who are disabled and normally do not file a tax return to submit a 2007 form to receive an economic stimulus payment. This is good news for the millions of disabled individuals, who often have limited resources. For more information visit http://www.irs.gov/newsroom/article/0,,id=177937,00.html
Claudeth Henry, Esq. ~ Sims, Stakenborg & Henry, P.A.
Offices in
…..received the Best Employers for Healthy Lifestyles award from the National Business Group on Health this month. Perhaps the message is “We’ll treat you well…….as long as you are well”.
http://www.lawyersandsettlements.com/articles/10703/unum-unhealthy-practices.html
Claudeth Henry, Esq. ~ Sims, Stakenborg & Henry, PA.
Myspace and facebook posts can get you or your client in a lot of trouble! Defense lawyers regularly monitor these sites and if you or your client have posted inappropriate information/pictures (especially if your client is an adolescent) then the material needs to be removed.
However, be aware that it can be recreated with certain sites that will reopen closed web sites
Moral: DON’T EVER POST ANYTHING YOU WOULDN’T MIND YOUR GRANDMOTHER SEEING!
Arch Surg. 2008 Mar;143(3):282-7;
Prevalence of pain in patients 1 year after major trauma.Rivara FP,
Mackenzie EJ, Jurkovich GJ, Nathens AB, Wang J, Scharfstein DO.
Departments of Pediatrics and Epidemiology, Harborview Injury Prevention
and Research Center, University of Washington School of Medicine, Box
359960, 325 Ninth Ave, Seattle, WA 98104, USA. fpr@u.washington.edu
OBJECTIVES: To describe the prevalence of pain in a large cohort of
trauma patients 1 year after injury and to examine personal, injury, and
treatment factors that predict the presence of chronic pain in these
patients. SETTING: Sixty-nine hospitals in 14 states in the United
States. PATIENTS: There were 3047 patients (10 371 weighted) aged 18 to
84 years who were admitted to the hospital because of acute trauma and
survived to 12 months after injury. MAIN OUTCOME MEASURE: Pain 12 months
after injury measured with the Chronic Pain Grade Scale. RESULTS: At 12
months after injury, 62.7% of patients reported injury-related pain.
Most patients had pain in more than 1 body region, and the mean (SD)
severity of pain in the last month was 5.5 (4.8) on a 10-point scale.
The reported presence of pain varied with age and was more common in
women and those who had untreated depression before injury. Pain at 3
months was predictive of both the presence and higher severity of pain
at 12 months. Lower pain severity was reported by patients with a
college education and those with no previous functional limitations.
CONCLUSIONS: Most trauma patients have moderately severe pain from their
injuries 1 year later. Earlier and more intensive interventions to treat
pain in trauma patients may be needed.
PMID: 18347276 [PubMed - indexed for MEDLINE]
Sims, Stakenborg & Henry, PA
Offices in Ocala, Marion County, Florida and Gainesville, Alachua County, Florida. We provide service to the surrounding areas. Our telephone number is: 352-629-0480. Please visit our website at: www.ocalaw.com
According to a recent New York Times article Insurers are faulted for overloading Social Security by “forcing many people who file disability claims with them to also apply to Social Security — even people who clearly do not qualify for the government program”.
The article aptly points out “that forcing people who are injured to apply for Social Security before paying their claims appears to bolster insurers’ profits in several ways. If claimants refuse to apply, the insurers can simply stop paying their benefits, said Dawn Barrett, an employee of the Cigna Corporation… That allows the insurer to reduce its claim reserves, money that is kept in conservative investments for benefit payments. And in the insurance industry, smaller reserves mean bigger profits”. Click here to read more http://www.nytimes.com/2008/04/01/business/01disabled.html?_r=1&oref=slogin
Claudeth Henry, Esq. ~ Sims, Stakenborg & Henry, PA.