Insurance Information

WORKERS’ COMPENSATION – MORE ON BENFITS PAID TO ATHLETES

March 7, 2013 | by Robert Walch

As reported here on March 1, 2013, in our blog entitled, “Workers’ Compensation Pays Cash Benefits to Out of State Athletes,” California provides workers’ compensation benefits for injured pro athletes. California is unique in that it does this not only for our own athletes, that is players and former players of our own California NFL teams, like the San Francisco 49ers, Oakland Raiders and San Diego Chargers, but it also does it for players and former players for any out-of-state team who played any games in California.

The reason California pays these work comp benefits is because we are unique in at least two respects:

First, under California law, an injured employee based in another state may claim benefits under California’s workers’ compensation system if the injured worker can show any injury occurred here. And, with all the pro teams located in this state, it is rare for a pro athlete not to play any games in California.

Second, California is one of just nine (9) states that allow workers’ compensation claims for “cumulative trauma injuries”. These are the types of injuries that build up over time. The most common non-sports cumulative trauma injury is carpal tunnel injury which many workers routinely suffer from many years of typing. In the NFL, the most common cumulative trauma injuries have been to knees (like Adrian Peterson’s torn ACL, but returning to win MVP), necks [like Payton Manning returning from four (4) reported neck surgeries to win Comeback Player of the Year] and backs.

WORKERS’ COMPENSATION PAYS CASH BENEFITS TO OUT OF STATE ATHLETES!

March 1, 2013 | by Robert Walch

Did you know that retired professional athletes with non-California teams are receiving California Workers’ Compensation payments?

Former pro athletes who previously played for non-California teams are eligible for and receiving money under California’s workers’ compensation insurance program. According to the Los Angeles Times, former Denver Broncos running back Terrell Davis, who played just nine times in California in his 88 game career, received $199,000 from a California workers’ compensation court. He was paid this workers’ compensation money for the lifelong cumulative effects of his NFL injuries, including injuries to his head, arms, legs and general body, per records of workers’ compensation.

UNUM Provident Insurance – Bad Faith Insurance Practices?

February 13, 2013 | by Robert Walch

We are investigating allegations of bad faith insurance practices and conduct by UNUM Insurance, also known as UNUM Provident Insurance, including allegations of UNUM conducting biased investigations in order to deny benefits to its own insureds.

Insurance bad faith refers to a claim that insureds and sometimes others may bring against their own insurer for the insurance company’s bad actions and wrongful conduct, including wrongfully denying claims, delaying payments and communications, and unreasonable and improper investigation practices and tactics.

We are informed that UNUM is one insurer with a history of complaints made against it for bad faith handling of claims, including disability claims.

The UNUM web site states, “Unum is a leading provider of financial protection benefits in the United States and the United Kingdom. Unum’s employee benefits portfolio includes disability, life, accident and critical illness insurance, which help protect millions of working people and their families in the event of illness or injury.”

However, research into UNUM has revealed numerous allegations and complaints of bad faith insurance practices, including the following allegations:

10 Students Injured in Hemet High School Pedestrian Accident

May 30, 2012 | by Robert Walch

We are receiving early reports of a serious pedestrian accident in Hemet, California, earlier today. The car versus pedestrian accident apparently occurred outside Hemet High School, and ten students of the high school were injured when they were hit by a car. The Hemet car accident resulted in three of the students suffering critical injuries. All ten injured students were taken to local hospitals. Two other students reported minor injuries in the Hemet accident but did not require emergency transportation.

The Riverside County Fire Department and California Highway Patrol apparently responded to the Hemet High School accident, which occurred at approximately three o’clock this afternoon. According to the Los Angeles Times, the Hemet students were hit by the car near the front of the school, on Stetson Ave.

UPDATE: The Press-Enterprise is reporting that witnesses said that a Ford Ranger pick-up truck, driven by a student of the school, allegedly ran a red light and hit the students who were crossing the street in a crosswalk. Apparently the truck versus pedestrian accident was recorded on school cameras and the student was detained by the California Highway Patrol.

“Hot Coffee” – Documentary Exposes How Corporations Try to Deny You a Fair Trial

May 23, 2012 | by Robert Walch

We previously posted about the “Hot Coffee” documentary by Susan Saladoff, which exposes how corporations, like big insurance companies, spend millions of dollars so that injury victims do not receive fair trials and are not fairly compensated for their personal injury damages.

They have used one case, the “McDonalds coffee” case, to brainwash the general public (including jurors and politicians) into believing there are too many frivolous lawsuits and that lawsuits cause prices and insurance rates to go up.

For the truth, please watch this great documentary. You can watch it on HBO GO, or purchase the DVD on Netflix, from the “Hot Coffee” website or Amazon. It will also be able to be downloaded from iTunes in July.

2 Killed in California Bicycle Accident Wrongful Death

April 10, 2012 | by Robert Walch

The 17 year old driver of a Cadillac Escalade was allegedly driving erratically when he struck a family of bicycle riders, killing a father and his daughter in a tragic California bicycle accident wrongful death. The driver of the Cadillac sustained minor injuries in the Northern California bike accident.

According to the Los Angeles Times, witnesses reported that the driver of the Cadillac was speeding, passing cars and changing lanes erratically. The family was riding on the sidewalk when they were struck by the SUV. The deceased were Solaiman Nuri, a 41 year old man, and his daughter Hadessa Nuri, only nine years old. Another daughter sustained minor injuries in the bike accident in California.

The Concord, California police sergeant Matthew Morrissey said the driver of the Escalade was arrested and faces charges of vehicular manslaughter and may be charged as an adult. Further, authorities are investigating whether the teenager was using his cell phone at the time of the California bicycle crash.

This tragic auto versus bicycle collision should have been avoided. It appears from the facts that the driver of the sports utility vehicle was reckless and careless in the operation of his vehicle. The surviving family members of the victims of this California wrongful death bicycle accident should contact a California bicycle accident lawyer to help them recover the full amount of California wrongful death damages available to them.

Riverside Dog Attack Injures Young Boy

April 8, 2012 | by Robert Walch

A Riverside dog attack on Friday resulted in dog bite injuries to an eleven year old boy. According to the Los Angeles Times, the Riverside dog bite occurred when a pit bull dog, belonging to a neighbor, somehow escaped from a leash and attacked the boy. The father of the boy then got his gun and shot the dog.

Riverside police said the pit bull dog attack victim should recover fully from his dog bite injury. The dog was taken by animal control and is expected to be put down. It was not reported what part or parts of the body of the boy were bitten by the pit bull dog. Usually, the wounds occur to the hands, arms or legs, as these are the areas that dogs frequently strike.

Some very serious dog attack injuries occur when dogs bite near the head or neck area of a victim. These dog bite wounds may leave unsightly scars and/or cause severe emotional distress in their victims. Many dog attack victims often suffer from nightmares associated with the incident and have trouble getting back to their normal lives, including trusting other dogs.

The California dog bite law is that the owner of a dog is strictly liable for the damages caused when the dog bites another person. This means that the owner is responsible for any dog bite damages, regardless if the dog has attacked anyone in the past. Some people mistakenly think that there is a “one bite rule” in which the owner is not responsible the first time his or her dog attacks and bites a victim. However, it does not matter if there was a prior bite in the dog’s history or what type of dog is involved.

1 Dead in Los Angeles Pedestrian Accident

August 1, 2011 | by Robert Walch

A Los Angeles pedestrian accident in Koreatown on Sunday caused the death of a man who was walking on the sidewalk. According to the Los Angeles Times, an unidentified 73 year old woman first swerved her vehicle into oncoming traffic, then went off the road and up a sidewalk where she struck the pedestrian, causing his death.

The pedestrian, a Los Angeles resident named Yueany Qisquina, was 27 years old. He was pronounced dead after being transported to the hospital. The woman who allegedly caused this pedestrian accident in Los Angeles was not arrested and police did not find any evidence of alcohol or drugs playing a part in causing this Koreatown pedestrian wrongful death.

Man Killed in West Los Angeles Accident

July 23, 2011 | by Robert Walch

A man was killed on Thursday night in a West Los Angeles accident in which a gun in his vehicle apparently went off, hitting him in the head. The man, Anthony Camacho, was 20 years old. His vehicle then rear ended another vehicle, causing a West Los Angeles car accident. The car accident in West Los Angeles happened on Sepulveda Blvd.

According to the Los Angeles Times, investigators are still investigating the cause of the death, as Camacho was alone in the vehicle at the time. One possible cause of death could be that the gun was not properly secured or malfunctioned, possibly if the car hit a dip or bump in the road. Another unconfirmed possibility is that Camacho committed suicide by shooting himself in the head while driving. If there was a problem with the gun that caused it to go off unexpectedly, there may be a products liability wrongful death claim for the family of Camacho.

Vehicular Manslaughter Conviction for Corona Pedestrian Accident

July 9, 2011 | by Robert Walch

In 2008, Rachel Elliott was killed when she was hit by a car in Corona, California. Elva Diaz, the driver of the vehicle that hit Elliott, was convicted last week of involuntary gross vehicular manslaughter, because she was allegedly intoxicated at the time of the pedestrian accident in Corona.

Diaz, who is facing sentencing of up to 10 years imprisonment for the conviction, is 32 years old. She was found not guilty on the charge of 2nd degree murder, which would have carried even stiffer sentencing. In a case like this, without a previous DUI conviction, it is very difficult to get a conviction on the 2nd degree murder charge, which Diaz’s criminal defense attorney said was excessive. Diaz will be sentenced on August 5, 2011.