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David Alan Karas

David Karas’s Answers

10 total

  • Do I need to legal counsel based on this letter?

    I was in a car accident. I rear ended a person who slammed on their brakes due to someone making an illegal left hand turn. I was un hurt. The letter I recieved from my Insurance states they are demanding $100k in damages, which is the limit of my...

    David’s Answer

    You should consult with an attorney. Even if you have no assets at the current time, in Florida the statute of limitation to enforce a judgments is 20 years total and is a lien on any real property.

    You want the case settled within your policy limits and an attorney can put pressure on your insurance company Thus, if you will the Power Lotto 19 years from now, you do not have to deal with an old judgment.

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  • Is it normal for a plaintiffs lawyer to use another unknown lawyer to take the defendants deposition in civil matters?

    Plaintiff's Lawyer is using another unknown lawyer for the deposition of the Defendant in a trademark / IP case, is this the Plaintiff's way of avoiding and confronting truth ? can the Defendant refuse to be deposed under this new situation?

    David’s Answer

    It is common practice in medium and large firms who have associates working under a senior or partner attorney to have an attorney who is unknown to the client attend a deposition.

    If the attorney is from an entirely different law firm or a solo attorney, the attorney may have been hired on a contact basis for overflow work or in the alternative the unknown attorney may have been contracted based upon his/her specific expertise in trademark/IP law.

    So long as the unknown attorney does not have a conflict of interest, the defendant does not appear to have a valid legal reason for refusing to be deposed.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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  • Will a settlement for workmans comp affect the unemployment benefits I am receiving?

    I was laid off six months ago, and am having trouble finding a job. I am receiving unemployment benefits. I also have a workmans comp claim, from a job prior to the one I was laid off at. I have not been receiving any workmans comp benefits, bu...

    David’s Answer

    In California, the Unemployment Insurance Program, commonly referred to as UI, provides weekly unemployment insurance payments for workers who lose their job through no fault of their own. UI benefits are not based on assets or income.

    California State Disability Insurance (SDI) is a partial wage-replacement insurance plan for California workers. SDI provides short-term benefits to eligible workers. You cannot receive UI/SDI for the same periods you are paid TTD (lost wages paid by workers compensation).

    Permanent disability advance (PDA) is a voluntary lump sum payment of permanent disability you are due in the future. PDA (settlement money) has no bearing on your SDI or UI. So long as you meet the SDI or UI criteria benefits should be due.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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  • Do I have to allow a nurse who works for workers comp to attend my doctor appts with me?

    I have a workers comp claim that is about a year old. I don't have a lawyer and sought advice early on and he basically told me I didn't need one. The insurance company where my workers comp is through is now demanding that a nurse be present wi...

    David’s Answer

    You should always retain the services of a workers' compensation attorney. Since most workers' compensation cases are done on contingency, it does not cost you anything.

    Remember your employer has the workers compensation carrier, nurse case managers, investigators, adjusters, supervisors, in house counsel and maybe even the physicians looking out for their interests. Even with an attorney the deck is stacked in favor of the employer/carrier and their unlimited resources. This is self evident as you can see from the carrier's demand that a nurse be present with you at all my doctors appointments.

    You cannot prevent the nurse from talking with the physician, but you and the attorney that you are going to retain should not allow the nurse to be present in the room for your examination. The nurse is simply a specialized conduit of information for the carrier.

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  • Do we need a workers comp. attorney?

    My fiancee is on suspension with no pay because he had gotten injured and while he was on leave he was instructed not to lift anything over 10 pounds. Unfortunately we ended up having to move and weren't able to find anyone but my mom and step dad...

    David’s Answer

    You should always retain the services of a workers' compensation attorney. Since most workers' compensation cases are done on contingency, it does not cost you anything.

    Remember your employer has the workers compensation carrier, nurse case managers, investigators, adjusters, supervisors, in house counsel and maybe even the physicians looking out for their interests. Even with an attorney the deck is stacked in favor of the employer/carrier and their unlimited resources.

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  • Should i get payed for time off ? if so from who ?

    i was injured at work 6 weeks ago and filed a claim with workers comp ins. and have been going to the doctor . since my first visit they have released me to work with resrtrictions. my employer has decided not to work me at all in the past 6 weeks.

    David’s Answer

    Workers Compensation is state specific. As such, the ultimate answer is based upon the state you were injured. In Florida, if you have been treating with an authorized workers' compensation physician who has given you work restrictions and your employer has no position available within your restrictions, then you are eligible for temporary partcial disability (TPD).

    You are paid a percentage of what you earned before the accident. As this is less than what you normally earn, you have a built in incentive to return to a full duty capacity.

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  • Can a person on disability receive unemployment especially if they have been trying to find employment in a recession atmosphere

    It is difficult to find a job in an atmosphere of a recession or recovering recession. Doors are closing, and bills are piling up and financial responsibilities are due. It breaks my heart after working all of my life as an American Citizen and ...

    David’s Answer

    Unfortunately you did not state exactly what type of disability your are receiving (SSI, SSI,VA Benefits or pursuant to a private short term or longer term disability policy) The type of disability and the program paying the disability may affect the answer to your question.

    If you are receiving disability based upon a medical opinion that you are unable to work, then generally you would be disqualified from unemployment compensation benefits. Unemployment compensation benefits require that you be ready, willing and able to work-as well as actively seeking employment. Total disability" would disqualify you from this.

    If your disability payments are based upon a private contract or payment for a VA disability rating and you are not "total disabled" i.e. you can work, but not what you did before your disability, then you would need to review the specific language in your policy or VA rating payments. It may be that if you receive unemployment, you disability is simply reduced.

    Lastly, there may be specific circumstance which allow you to meet both unemployment compensation's criteria of ready, willing and able to work and while meeting a private policy or VA disability criteria. However this would be extremely fact specific and based upon your medical records.

    It is highly recommended that you talk to a specialist in the filed of your disability (social security disability, VA Disability, Short and Long Term Disability Private Policy attorney) before you apply for unemployment compensation.

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  • Husband severely injured in Texas, we reside in Louisiana. Can you receive anything from company other than WC, like settlement.

    My husband was injured on a land rig. He has multiple injuries. We would like to know if WC is the only thing we can get and for how long? We took a great loss of wages from this injury & have been told by his boss that he would be laid off or fir...

    David’s Answer

    If you were injured on the job, workers compensation is normally the only viable claim. If your injury was caused by someone else, not connected with your employment (for example if a UPS driver was rear ended by driver not connected with UPS, you the UPD driver may have a third party claim. That is, the UPS driver may sue the non UPS driver for negligence and damages. If the UPS driver received money from the non UPS driver, then the employer would be entitled to some of the third party money to recoup their loss.

    As for your workers compensation case, you should continue to meet with lawyers. If they do not take your case, politely ask why? PTSD and COPD are difficult to prove and costly to pursue.

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  • Can a person be terminated while out on workers compensation, my employer is running FMLA concurrent with WC.

    They are stating because FMLA is running concurrent with WC, they only have to hold the position for 12 weeks. After that they do not need to hold my job. I'm a long time employee with a good tract record, my sick bank is maxed out 165 days I can ...

    David’s Answer

    Return to work programs and compliance with FMLA, WC and the ADA are very, very complicated issues. that cannot be adequately answered in this type of forum. Each statute is independent of each other and must be complied with, yet they are seemingly co-dependent. I highly suggest that you read a recent press release posted by the EEOC (http://www.eeoc.gov/eeoc/newsroom/release/9-29-09.cfm) and summarized in the Workers Compensation Gazette posted 10/05/2009 (http://workerscompgazette.com/6-2-million-reasons-to-implement-a-proactive-workers-compensation-return-to-work-program/). In that case, the maintained an inflexible workers' compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA. You suggest that you contact the EEOC.

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  • Worker compensation

    if my employer says i was overpaid for worker compensation can they take half my pay for repayment.

    David’s Answer

    Workers' Compensation law is based upon each individual state statute. In Michigan, under
    statute 418.833(2) When an employer or carrier takes action to recover overpayment of benefits, no recoupmentof money shall be allowed for a period which is more than 1 year prior to the date of taking such action.

    Various cases in Michigan indicate that a 50% reduction is normal and customary. See Everden v. Leaseway Motorcar Transport Company, No. 244260 (Mich. App. 11/20/2003) (Mich. App., 2003), Franks v. White Pine Copper Div., Copper Range Co., 422 Mich. 636, 375 N.W.2d 715 (Mich., 1985)

    Contrast this with the law in Florida which states that the employer/carrier is only allowed to recoup 20% of any check until the total amount overpaid is recouped.

    Workers Compensation in any state is a complicated matter and you should consider meeting with a workers compensation lawyer in your local area. There may be issues regarding the the carrier's eligibility to recoup and calculation issues.

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