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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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Workers compensation case: Can a defense attorney pull driving

Resolved Question:

Workers compensation case: Can a defense attorney pull driving records?
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there

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A defense attorney for a worker's compensation employer or insurer can have a subpoena issued to the DMV to get the driving record of a person who is collecting worker's compensation payments -- and then the attorney for the plaintiff can file a motion to squash the subpoena with the state division of industrial accidents / worker's compensation board if the plaintiff's lawyer does not feel that the request for the driving records is relevant to the case and that the employer or insurer is simply on a fishing expedition to review any record they can to try to make some kind of a case to terminate the worker's compensation payments and case. If the defense attorney was able to get these records without a subpoena (or hired a private investigator to do it who also did not have a subpoena) both professionals actions should be reported to the DMV and a complaint should be made against their professional licenses to the state agency which oversees the licenses (the state bar for the attorney and state licensing board for the PI -- you can find these agencies online by performing a search).

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I hope that helps. Please let me know if you have further questions.

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MARY

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Customer: replied 1 year ago.

My payments were suspended Is this the same for old medical history records? Would I know if this subpoena would be filed? Can this be done with out my permission?

Expert:  Legalease replied 1 year ago.

Hello again

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Yes this can be done without your permission or notification to you and is not filed anywhere -- the subpoena goes directly to the DMV -- and it is not difficult for the attorney to get and issue a subpoena (they get a blank form from the worker's comp board and can be used in any ongoing case or they can create their own). If your payments have been suspended are you certain it has something to do with your driving record and their access to it -- did they tell you that? THis seems very strange to me and if you do not have a local worker's compensation attorney then you should consult with one as soon as possible to apply to the worker's compensation board for reinstatement of your payments (if the reason why they suspended the payments is because of a false, trumped up reason then the employer will generally pull out before the hearing and reinstate the payments without going to court -- the employers and insurers will try to push the envelope and suspend payments to see if you pursue it but they will generally back off when they are threatened with being fined for trying to terminate payments when the claimants otherwise have the rights to such payments). Regarding old medical records -- they generally have you sign a blanket waiver of all records in the beginning of the claim and they have the right to review all of your prior medical records under worker's comp laws so they can be satisfied that nothing relates to a prior injury that they may not be responsible for -- however, in most instances many employees can reinjure old injuries and still collect workers comp payments once the workers comp board establishes that the old injury was reinjured or made worse by the newer accident.

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Please let me know if you have further questions.

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MARY

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Please press the 3rd, 4th or 5th star below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below so I really DO appreciate it. Pressing the 3rd, 4th or 5th star underneath this answer box will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!



Customer: replied 1 year ago.

My 90 days was up with collecting benefits; my benefits were suspended because their doctor sent me back to work. I recently had my first hearing and The defensed asked me general questions about mv history, how many people live in my house, etc... Now I have to go to a IME exam will I have to answer anymore questions on the stand? I thought the the insurance adjuster collects all the history and data before benefits are given? What usually happens next?

Expert:  Legalease replied 1 year ago.

Hello again -

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Because their doctor ordered you back to work, it sounds like they are now trying to deny your claim to state that you are fit for duty and so they have the right to try to stop your benefits and that is why you must challenge them on it (it really doesn't have much to do with your background and history at this point and everything hinges upon the medical reports and whether you are truly fit to return to any type of work. At this point, -- you must go to the IME and if the IME finds you fit for duty then the benefit denial will probably stand even over your own doctor if your own doctor wants to keep you out of work -- that is why a workers compensation claimant really does need an attorney to handle these matters -- if the company decides that they want to hassle you then your attorney can file for additional hearings and get the benefits reinstated. If you do go to another hearing and you are asked questions by their attorney or the judge you must respond (it is just like a regular court hearing) and if you do not cooperate the judge can order that you not be paid any further benefits. If you win a reinstatement of your benefits then the court will order the employer or insurer to pay your legal fees so contacting and hiring a lawyer for these matters will cost you little or no money up front.

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MARY

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Please press the 3rd, 4th or 5th star below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below so I really DO appreciate it. Pressing the 3rd, 4th or 5th star underneath this answer box will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!



Customer: replied 1 year ago.

I thought that was kind of strange for the defense to ask those questions this late in time. It really through me off. I thought they were going to look for some other reason old injury or accident to not reinstate benefits. I told the attorney i was willing to go back to work light duty. they still asked for a ime. and my next hearning isnt until over 90 days why so long?

Expert:  Legalease replied 1 year ago.

Hello Again -

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Hearing always take several months to schedule and get in front of a judge. Any benefits you receive will be given to you retroactively when a judge decides in your favor (which they generally do). The length of time to get to a hearing is typical in most states (my husband was hurt and he was cutoff for 8 months before a hearing was arranged and he won back his benefits -- in the meantime we were starving and could not pay our rent -- it truly is horrible to have to wait when you are without income, but the 90 days is not unusual and is probably pretty good timing as far as these cases go).

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MARY

-

Please press the 3rd, 4th or 5th star below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below so I really DO appreciate it. Pressing the 3rd, 4th or 5th star underneath this answer box will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!



 

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14615
Experience: 15 years exp all aspects of general law
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