Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

Workers compensation case: Can a defense attorney pull driving

records?...
Workers compensation case: Can a defense attorney pull driving records?
Ask Your Own Employment Law Question
Answered in 17 minutes by:
5/25/2013
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,386
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Verified

Hello there

-

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).

-

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

-

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 !!

Ask Your Own Employment Law Question
Customer reply replied 4 years 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?

Hello again

-

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.

-

Please let me know if you have further questions.

-

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 !!



Ask Your Own Employment Law Question
Customer reply replied 4 years 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?

Hello again -

-

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.

-

-

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 !!



Ask Your Own Employment Law Question
Customer reply replied 4 years 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?

Hello Again -

-

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).

-

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
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,386
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Verified
Legalease and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,386
16,386 Satisfied Customers
Experience: 13 years experience in employment law, unions, contracts, workers comp law

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My worker's Compensation was closed 8/10/17. The attorney
My worker's Compensation was closed 8/10/17. The attorney took his money and I did not owe COB-R any money. When and how should I get what is due to me? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a question with regard to my workers compensation
This is a question with regard to my workers compensation injury. I had a Total Shoulder Arthroplasty done with reattachment of my bicep. What is the approx disability rating for this in Minnesota? Se… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
One of my workers filed for workers compensation and will be
One of my workers filed for workers compensation and will be out for over two months. My business has begun to have hardship because of this (We are a Veterinary Clinic)(We only had 3 vet tech workers… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
I got injured at work, I was denied workers compensation.
I got injured at work, I was denied workers compensation. However my doctor put me off of work because my injury consist of a fractured rib, I was still out on medical leave and my employer terminated… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I was issued a citation in regards to workers compensation.
I was issued a citation in regards ***** ***** compensation. I wasn't aware of the need to have one and now I can't afford to provide one and the State told me that my case is about to go to the DA. W… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
Workers' Compensation Question Can the Release of medical
Workers' Compensation Question Can the Release of medical information form signed upon onset of injury be used 2 1/2 years later be used with my own physician not their wc physician to obtain my infor… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Workers' Compensation Question Upon with wc physician
Workers' Compensation Question Upon last follow up with wc physician continued work restrictions and physical therapy was given. Employers lawyer apparently did not like the continued benefits allowed… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Workers' Compensation Question Can I file an appeal for each
Workers' Compensation Question Can I file an appeal for each issue denied by wc or do I have to file one appeal and include all issues in that one appeal?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,620 satisfied customers
Workers' Compensation Question How can I find a wc lawyer in
Workers' Compensation Question How can I find a wc lawyer in neighboring state licensed to practice in state injury occurred in? Issue encountered injury state is small and rural many lawyer within th… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
My wife was medically retired after a workers compensation
My wife was medically retired after a workers compensation injury. We worked for a department of a county. The county is self insured for WC and has designated a county department as custodian of reco… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need help with a workers compensation case in california.
i need help with a workers compensation case in california … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am currently on worker's compensation and I have been out
Hello. I am currently on worker's compensation and I have been out since June of 2015. I received a call today from human resources saying that I was "separated" from my place of employment. Is that l… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
This is worker's compensation question. I have reported my
This is worker's compensation question. I have reported my sickness to my supervisor by texting and then verbally within 10 days of its onset. I have contracted this sickness while travelling abroad (… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
0 satisfied customers
This involves a New York State Workers Compensation Case. My
This involves a New York State Workers Compensation Case. My question is we have reached a point where my lawyer may have to go to appeal an adverse Board decision to the Appellate Division 3rd Dep't.… read more
Taylor
Taylor
Attorney
Juris Doctor
212 satisfied customers
I was out on workers compensation with my current job due to
I was out on workers compensation with my current job due to an injury. I decided at that time to get another certification to get a different job. I received that certification and started applying t… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I have a question about our workers compensation bill. We
Hello,I have a question about our workers compensation bill. We are an auction house and employee professional auctioneers 24 times per year. The auctioneers are independent contractors and get a 1099… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an open workers compensation case and I'm getting
I have an open workers compensation case and I'm getting frustrated with how long this process has been taking. I've had 2 surgeries and my ankle is still not right. I think the doctor may have been p… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My supervisor red me as a nurse in workers compensation. She
My supervisor hired me as a nurse in workers compensation. She knew that my background was in medical bill review, case management and geriatrics. She is constantly calling me into her office to discu… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x