Landau Injury Law

When a personal injury case settles, the Insurance Company wants a Release to be signed before the check is cashed so that they (and their insureds) will not get sued again on the same claim.  When a case is filed in Court, and a settlement reached or verdict in favor of the injured plaintiff returned, the Court wants a “Final Order” signed showing that the case is resolved and can be dismissed from the active Trial or Hearing calendar.  Many clients wonder, if the “Final Order” ends the case, why does the Insurance Company and its lawyers want signatures on a separate (and seemingly superfluous) “Release” ?

One reason the lawyers for the Defendants in Product Liability, Negligence, Defective Products and Food, Slip and Fall, Children’s cases, Sports Accident, Brain Trauma, and other types of Personal Injury claims, want this Release, is that

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Injured clients ask why there are microphones at comp hearings.  The rooms are generally small, and everyone can hear each other just fine.  The mikes are not to amplify the voices.  Rather, the microphones are for recording the trial so that if later one party or the other wants to appeal, they can have a transcript typed up so that the Commission (and perhaps the VIrginia Court of Appeals or even the Supreme Court of Virginia) can see what everybody said on the record.  There are no “live” court reporters at Virginia comp hearings, like there are at jury trials Doug Landau has presented.  However, recent cases involving fractured legs, arms, hands, concussions and brain injury that we have won for injured workers have been appealed, and that means that the Full Commission must have the tape recorded proceedings typed up and each side must pay for a copy.   Shown here is a witness about to testify in front of the microphone at a Virginia Workers Compensation Commission hearing that arose as the result of a traffic accident fatality in Fairfax County.

Doug Landau hates waste. Anyone who has seen him around the office knows that he enjoys “multi-tasking.” It makes the Herndon Reston brain injury lawyer nuts when clients waste their time, effort or money. However, there is one type of waste that it particularly grating.

As the former Chair of the Association of Trial Lawyers of America Disability, Social Security and Health Law Section, Landau compared notes with lawyers from all over the country. The ABRAMS LANDAU trial lawyer saw that the interplay of Social Security and Workers Comp laws resulted in permanently disabled and unemployed clients not getting back the money they had paid into the Federal system. In other words, when an injured client is eligible for BOTH State Workers Comp wage loss benefits AND the Federal Social Security Disability Income (”SSDI”) benefits, the Federal Government, like many private Long Term Disability Insurance plans, takes a “set off” for the comp money. For example, if a client (more…)

In this day and age where the court reporters tape record (and may even videotape) a deposition, it seems that their transcripts will be extremely accurate.  Furthermore, Court Reporters ask for spellings and corrections during the proceedings if they are unsure what they heard, wrote down or repeated into their recording devices.  So, while the deponent (the person being asked the questions at the deposition) has the right to read and then sign off on the corrected transcript of their pre-trial testimony, such action is usually waived.  If it is not waived, as may be the case when a technical expert is giving an Examination Before Trial (”EBT”, which is what a deposition is called in some other jurisdictions), there may be a need to later go to the Court Reporters’ offices, read over the transcript, correct errors in technical language and spellings and then sign, under oath, the corrected version.  Of course, if there is any variance in the testimony at trial with the transcript, it makes for sure fodder for opposing counsel’s cross examination.  Thus, in depositions of lay (non expert) witnesses, counsel usually recommends that they “waive reading and signing.” in order to save their time, money and later cross examination.

Doug Landau shown here at the hearing room where oral argument for Reviews (appeals) are heard by the Full Commission. After a workers comp claim is heard in Virginia by a Deputy Commissioner, BOTH sides have the right to ask for a “review.” A Review is an appeal to the Full Commission where 3 Commissioners review the case to see if the judge below made a mistake of law. Herndon Reston trial attorney Doug Landau regularly goes down to Richmond to review files, meet with VWCC staff, file exhibits and evidence, and investigate claims.

When a Hearing decision is received or a Settlement Order comes by Special Delivery, ABRAMS LANDAU staffers are often asked “When will I get the money ?”

The response is, “When the decision is final.”  That is because the staff at the Herndon and Reston area injury law firm knows that the insurance defense lawyers can appeal several weeks after the decision or Order are rendered.  In fact, they have additional time BEFORE late penalties are Awarded.  We are advised by the Commission that we must wait 34 days before they will entertain a request for 20% penalties to be assessed against the insurance company.  This is despite the “20 day” language in most contested Hearing decisions.  SO…save the envelope containing the checks, in order to prove late payment, BUT do not expect a check for 30 days or penalties to be assessed right away.

While the Virginia Workers Compensation Commission REQUIRES a valid address for injured workers in order to receive benefits, and failure to keep the Commission updated can lead to a termination of benefits, several clients each year fail to apprise the staff at ABRAMS LANDAU, Ltd. of their new addresses, phone numbers or medical status, saving the insurance companies hundreds of thousands of dollars each year !  While the insurance companies certainly appreciate not sending these clients the money they have in reserves on their claims, in nearly every case, the injured worker and their family could use the funds.  Several clients have let the time limits run on their claims despite correspondence, phone calls and, where available, e-mails from ABRAMS LANDAU staff to advise them of their rights and responsibilities.  Do not let the time run on your claim.  Follow you counsel’s instructions and act responsibly and in a timely manner.  The time limits in the law are strict.  If you want to give the insurance company a “present,” send a card.  And remember, they are not going to do the same for you.

Under Virginia law, undocumented workers are eligible for most, but not all benefits. What are they eligible to receive under the law ?

Herndon/Reston Trial lawyer Doug Landau lists the following as some of the benefits such ABRAMS LANDAU clients are able to receive:

1. Temporary Total Disability (weekly wage loss)
2. Permanent Partial Disability (for a permanent partial disability % rating)
3. Medical Bill coverage (100%, with no deductible or limit) (more…)

This just in on the Trial lawyers listServ from our friend Dick Thomas, esteemed Roanoke Virginia Workers Comp lawyer:

We just got a review opinion , written by Commissioner Dudley, reversing the deputy commissioner and awarding benefits. Claimant had a series of injuries over the years, and had bilateral degenerative disease of the hips. In 2003, he fell on his left hip, and the deputy commissioner ruled that the fall aggravated his preexisting degenerative disease. He then developed increased symptoms in the right hip, which his treating orthopedist at the time attributed to overuse from favoring the left hip. He then had a left hip replacement, covered under his award. Further problems with the right hip ensued, resulting in right hip replacement by a different surgeon. The original doctor failed to relate the right hip problem, and the treating surgeon refused to give an opinion.

The Defense was “consequence of a consequence,” and therefore NOT compensable. In other words, the defense lawyer contended that causation was TOO REMOTE and that the employer/carrier should not be held responsible any more. The trial judge (more…)

Herndon Reston area Workers Comp injury lawyer Doug Landau notes that since the Virginia Workers Compensation Commission (”VWC”) does not hold Hearings in Court houses as often as it did 20 years ago, it is important to know where you are going and that the place of your Hearing may not look like the local Court House.
If you can attend Hearings weeks before your own “day in court,” then you and your family and witnesses should absolutely do so.  Workers Comp Hearings are generally open to the public, and you will be far better prepared and less anxious.  Also look at your “Official Comp File” while you are there.  Call before you go to make sure they have your file is in Fairfax, as the headquarters is in Richmond, and that is where most VWC files are kept before and after Hearings.

Shown here is disability and workplace injury lawyer Doug Landau outside the Fairfax branch of the Northern Virginia Regional Office of the Virginia Workers Compensation Commission.  The lower picture shows ABRAMS LANDAU’s Doug Landau in the reception area, where he often meets clients, their families and co-workers before and after their Hearings.  On this particular day,  he had met with a family as the result of a fatal truck crash injury.  Landau also reviewed the official files on other clients’ cases involving: paraplegia from a farm tractor rollover, brain injury, spinal cord surgery, permanent disability, head trauma, scarring and multiple fractures.