MARKETING – It’s not a Defense to a workers compensation claim; it’s a necessary part of the injured worker’s case

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Doug Landau had the opportunity to meet with Deputy Commissioner Tabb a fortnight ago in Richmond. Judge Tabb hears cases throughout the Commonwealth, and has issued opinions in ABRAMS LANDAU clients’ cases in Manassas, Fairfax and Stafford. At the Advanced Workers Comp Retreat, Deputy Commissioner Tabb, of the Virginia Workers’ Compensation Commission advised claimant’s lawyers:

Marketing is NOT a defense; it’s part of the proof necessary for the claim. Defense counsel does not have to raise it.

That is why the staff at ABRAMS LANDAU, Ltd. educates clients as to the requirements for marketing under the Workers Compensation Act and then tries to follow up and make sure that accurate, written records are kept of the injured worker’s daily marketing efforts. Any lapse in this effort by an injured worker who has been released to light duty, part-time or restricted work, can be fatal to the claim. It is one of the reasons the Herndon Reston injury and disability law firm files Supplemental Marketing information in answer to the Employer and Insurance Company Interrogatories and Requests for Production. If such information and documents are not sent as a timely response to Discovery, but appear for the first time at or just before the Hearing, they can be excluded and the case denied all or in part. In a much longer post, Dianna Meredith will share the Commission’s new Guidelines for what constitutes “reasonable Marketing efforts.”

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