Florence-Myrtle Beach Personal Injury Lawyer - Miscellaneous

South Carolina Jury Awards $10 Million In Health Insurance Rejection Case

Brad Hewett — Thu, 08 Oct 2009 17:07:20 GMT

The South Carolina Supreme Court upheld a multimillion verdict last month against an insurer which the Justices said revoked a man’s health policy after he tested positive for HIV based solely on a nurse writing down the wrong year for the test. The Court called Fortis Insurance Company’s actions “highly reprehensible” but reduced punitive damages awarded from $15 million to $10 million. The policyholder first found out he might have HIV when he tried to donate blood in April 2002. The Red Cross let him know his sample tested positive, and a trip to his personal physician confirmed the diagnosis.

Fortis said it revoked the policy because the policyholder didn’t reveal his diagnosis when he applied for insurance in May 2001 as the then 17 year old prepared to head to college and could no longer be covered under his mother’s policy. The company cited a note made by a nurse on a medical chart that incorrectly gave the wrong year for the test confirming the HIV diagnosis, placing it one day before the policyholder’s application for insurance.

The committee for the insurance company that decides whether to revoke policies heard the policyholder’s case along with 45 others in a two-hour session. The members were given a report from an underwriter that included the note” “Technically, we do not have the results of the HIV test. This is the only entry in the medical records regarding HIV status. Is it sufficient?” The policyholder hired a lawyer who sent the company the original test results with the correct date. But a second committee also upheld revoking the insurance and the policyholder didn’t have coverage for 20 months before Fortis reversed its decision, according to trial testimony. Fortis, which now does business as Assurant Health, appealed the case. The company’s “conduct involved repeated acts of deliberate indifference for more than two years,” the Justices wrote in their decision.

Source: Associated Press

Originally posted at InjuryBoard by Brad Hewett

Return-To-Work is Win-Win

Mike Kelly — Fri, 21 Aug 2009 11:01:29 GMT

Employees of state and local government perform a broad array of functions essential to American society -- such as teaching schoolchildren, protecting life and property, safeguarding the environment and public health, caring for the vulnerable, providing water and power, and guarding prisoners.

Public sector positions are twice as likely as those in the private sector to require a college degree; many require specific technical knowledge, such as public works engineers; and many involve physical risk, such as public safety, health and hazmat positions. As a result, qualified workers are essential to the provision of many public services, and filling positions can pose challenges, even during times of high unemployment.

Sometimes, those eligible to retire or already retired are the best persons for the job. Allowing employees to remain in their jobs or to be rehired after retiring is not unique to the public sector. These programs are the exception, not the rule: Recent research from Carnegie-Mellon University on professional school personnel found that only 2% of Pennsylvania retirees participated in such programs. They are, however, gaining momentum in industries where training and experience are critical and skilled workers are in short supply.

A recent article in the AARP Bulletin Today quoted a consultant saying, "Phased retirement is currently akin to motherhood and apple pie: win-win for everybody." The article also noted that while not all industries might consider it a necessity now, many have stated "it might be valuable in five years as the exodus of Boomers from the workplace increases."

To address this trend, Congress amended the Social Security laws to allow all Americans to work and draw their regular benefit penalty-free. More recently, the Pension Protection Act of 2006 specifically included provisions better enabling companies to draw from their retiree pool.

Progressive employment policies can match employers who need qualified workers with retired employees who seek to continue to share their experience and talents. These policies can serve everyone well when they are designed to be cost-neutral, are limited to positions that are hard to fill and for which the available candidates are few, and when abuses are eliminated.

USA TODAY August 18, 2009

Originally posted at InjuryBoard by Mike Kelly

Local Law Firm Donates Nintendo Wii in Myrtle Beach, South Carolina

Will Parker — Tue, 18 Aug 2009 14:16:47 GMT

My name is Will Parker and I am the managing attorney for the Myrtle Beach location of the Mike Kelly Law Group. Earlier this morning, we donated a Nintendo Wii to Active Day Grand Strand. The facility, which assists with disabled youth and the elderly, was extremely receptive and appreciative. It eas wonderful watching the smiles on the faces of the facilities' members. I would like to thank the local media, including WMBF and WBTW with covering the story and for conducting an on-air interview with me. Additionally, I would like to thank Injuryboard for planning the coordinated donation. This clearly demonstrates how such a donation, in the aggregate, can have such a positive effect on our local communities. If you are interested, please check out WMBF and WBTW online or on their news programming for more details. I look forward to future coordinated efforts. Kudos to Injuryboard...great job!

Originally posted at InjuryBoard by Will Parker

Myrtle Beach Affected by the Confederate Flag Debate - ACC Backs Out

Will Parker — Thu, 13 Aug 2009 15:59:44 GMT

The Atlantic Coast Conference recently revoked its agreement to play the league baseball tournament in Myrtle Beach. The previous agreement required the tournament to be held in Myrtle Beach from 2011 until 2013. The main reason for the ACC backing out of the agreement centers on the issue of the Confederate flag.

This flag, which many still consider to be a symbol of South Carolina heritage, can be seen flying on South Carolina House grounds. The NAACP has threatened a boycott until someone takes the appropriate steps to have the flag removed.

The ACC never attained approval for the tournament in Myrtle Beach from the South Carolina chapter of the NAACP, which is at the forefront of the flag removal debate. The NAACP has said that it will fight from having any sporting events held in South Carolina until the flag is removed.

The revenue that would have been generated in Myrtle Beach during these tournaments will now benefit North Carolina. Although South Carolina’s neighbor may have engaged in the Civil War on the side of the Confederacy as well, it is obviously considered to be much more advanced in the racial and political arena.

The ACC commissioner, John Swofford, said that it would be difficult for any other tournament to be held in South Carolina in the future. Lonnie Randolph, South Carolina’s NAACP president has said, “I am certain Swofford learned that it is ok by South Carolina legislative standards to proudly insult an entire state population by waving a flag that instead should be displayed in a museum.” Swofford stated that by allowing the flag to stay on house grounds it would be sending an incorrect message that the ACC is not truly representing equality and human rights.

The NAACP has said that that South Carolina should find a way to be proud of its heritage and respectful of its citizens, which can only be accomplished when the Confederate flag is removed from State House grounds. The ACC is backing this decision.

This debate has been long standing. Not only are the businesses of Myrtle Beach affected by the boycott, but also the people of South Carolina. The lost revenue could have helped to bring many local businesses out of their slumps and bring additional vacationers to the area in the future. The flag is a symbol of the past, not the present nor the future. Retiring it to the museum may be the best idea in order to demonstrate the progress that this state has undergone since that time. The last thing this area and/or state needs is more lost revenue!

For the full story on the controversy, click on: http://www.thestate.com/sports/story/886047.html?storylink=pd.

Originally posted at InjuryBoard by Will Parker

Myrtle Beach Bike Week Supporter Vs. Mayor Rhodes...Tickets and Your Right to a Jury Trial

Will Parker — Fri, 29 May 2009 11:59:25 GMT

Living in Myrtle Beach, I couldn't help but participate in recent discussions concerning the bikers and our local government's attempts to keep them out of Myrtle Beach. I fully support the bikers and believe our local government made a HUGE mistake in attempting to keep the bikers out and in overpolicing the two weeks to the point of harrassment (in order to write tickets to make up for the lost revenue). Had I known beforehand how the events would have transpired, I would have attempted to send a message out to the bikers...a week of perfect behavior (to the point no lawful tickets could have been issued) would have taught the city by beating it at its own game. While I understand that is not completely realistic, the only way to beat the city is to hit them where it hurts....in the pocket. The less tickets (a.k.a. revenue) the city would have issued/brought, the more impact the bikers could have made. There is still a solution for those ticketed...your right to request a jury trial on every single citation. Call a local attorney and have them represent you. It will cost the city more in administrative costs to prepare for all the potential trials than the tickets themselves are worth. I will blog further on the constitutionality of the traffic stops and other topics related to the last two weeks.

Originally posted at InjuryBoard by Will Parker

Myrtle Beach Wildfires - Tell Me About Your Experience With Your Insurance Carrier

Will Parker — Wed, 29 Apr 2009 10:34:11 GMT

In an effort to hold the insurance companies accountable, I would greatly appreciate any input as to how the claims process has gone for anyone affected by the recent fires in Myrtle Beach. I have found Injuryboard to be a great tool in conveying information and I believe it can also be used to openly discuss victims' experiences which, in turn, will hopefully maintain a level of accountability. After hearing some disturbing stories following Katrina, I feel obligated to help provide a voice for those who are currently suffering. Right now, their livelihood is in the hands of their insurance provider.

I welcome all experiences, positive or negative. Let your voices be heard!

Originally posted at InjuryBoard by Will Parker

How to File an Insurance Claim as a Result of the Myrtle Beach Fire

Will Parker — Fri, 24 Apr 2009 12:10:44 GMT

I thought it may be helpful to provide some basic tips regarding the claims process in light of the recent fires in Horry County. The Sun News reported this morning that insurance companies have started sending their catastrophe teams and adjusters to Horry County, and some are setting up spots where fire victims can go to file claims, according to Allison Love with the S.C. Insurance News Service.

First, the adjusters have to be allowed access to the damaged properties. Once they are allowed to begin assessment, the adjusters will begin with the most severely damaged properties. Residents who have been evacuated may begin the claims process. Additional tips and information can be found at www.scinsnews.com. Below is a list of numbers to report claims for most major insurance companies:

Allstate Insurance: Claims #: 1-800-54-STORM (1-800-547-8676)

Builders Mutual Insurance Company: Claims #- 1-800-809-4861

Companion Property & Casualty Insurance: Claims #: 1-800-845-2724, option 2 or fax at (803) 419-8063

GEICO: Claims # 1-800-841-3000

General Casualty Insurance Company: Claims: 1-800-334-0241

GMAC Insurance: Claims # - 1-800-468-3466 Grange Insurance: Claims #: 1-800-445-3030

Harleysville Insurance: Claims #: 1-800-892-8877

Johnson & Johnson Inc Managing general Agent: Claims #: 1-800-487-7565 Ext. 3029

Nationwide Insurance: Claims # - 1-800-421-3535

Progressive Insurance: Claims # - 1-800-274-4499

PURE High Value Homeowners Insurance Claims Hotline: 888-813-PURE (7873) or e-mail claims@purehnw.com or fax claims to 914-328-3883.

South Carolina Farm Bureau Mutual Insurance Company: Claims Hotline: 1-800-799-7500

South Carolina Wind & Hail Underwriting Association: Claims #: Call your insurance broker/agent

The Seibels Bruce Group, Inc.: Catawba Insurance Company Claims: 1-800-525-8835

Southern Mutual Insurance Company: Claims #: 1-800-226-1919

Southern Mutual Church Insurance: Claims #: 1-800-922-5332

State Farm: Claims #: Contact your agent or 1-800-SF-CLAIM State Auto Insurance: Claims #: 1-800-766-1853 or e-mail claims@stateauto.com

USAA: Claims #: 1-800-531-8222

Universal North America Insurance Company: Claims #: 866-999-0898

Utica National Insurance Group: Claims #: (Fax) 315-266-4121 or 1-800-274-1914 ext. 2772

Originally posted at InjuryBoard by Will Parker

Veterans Possibly Exposed to Diseases, Including HIV Virus Which Could Lead to Malpractice and Disability

Will Parker — Wed, 08 Apr 2009 11:43:52 GMT

Our firm has begun representing veterans seeking disability benefits. Ordinarily, the cause of verteran's disability relates to injuries sustained while in active duty. A recent report revealed that negligence at VA treatment facilities may have exposed thousands of veterans to infectious diseases, including the HIV virus.

Bill Poovey of the Associated Press recently reported the Veterans Affairs Department has launched an investigation to determine whether there’s a link between a recent veteran-patient’s positive HIV test and unsterilized equipment that could have potentially exposed thousands of veterans to HIV and other infectious diseases.

This comes following a warning issued by the VA to patients who treated at three clinics that they be at risk. Earlier this year, the VA warned more than 10,000 veterans to get blood tests because they could have been exposed to contamination while receiving colonoscopies in Murfreesboro, Tennessee and Miami. At this point, less than a third, 3,174 to be exact, have been notified of their test results. The agency is also trying to locate patients whose warning letters were returned.

The VA previously reported the existence of Hepatitis in 16 veteran-patients, but stated there was no way at that time to prove the patients had contracted the illness as a result of treatment at VA facilities. Of the 16, eleven tested positive for hepatitis C, a potentially life-threatening disease and five veterans tested positive for Hepatitis B. In an e-mail late Friday, the agency said it was further investigating the possibility of such a relationship.

Accodrding to the AP article, the VA has yet to release where the patient who tested positive for HIV was treated, and the agency failed to return telephone and e-mail messages Monday.

All three sites used endoscopic equipment made by Olympus American Inc., which stated it is helping the VA address problems with “inadvertently neglecting to appropriately reprocess a specific auxiliary water tube.”

If you receive a notice or warning of potential exposure, please be sure to have bloodwork done. If you have been infected, contact an attorney immediately to give yourself the best chance for recovery.

Originally posted at InjuryBoard by Will Parker

Washington State DSHS and Others Pay $6 Million to Neglected Boy

Will Parker — Wed, 25 Mar 2009 14:37:18 GMT

Representatives for a neglected and food-deprived little boy reached a $6 million dollar settlement.

Shayne Abegg, a 6 year old who was a skeletal weight of 25 pounds when police rescued him in March 2007, will receive $6 million from the state of Washington and two other defendants in a settlement reached Tuesday.

The state's portion, $5 million, is the largest payment to a child victim ever by the Department of Social and Health Services. The boy's therapist and her employer, a social-service agency, are the two other defendants.

When rescued, the boy was covered in bruises and sores, his temperature had dropped to 87 degrees, and he was unable to sit or stand without assistance. A judge compared his condition to someone in a Nazi concentration camp.

The lawsuit alleged four caseworkers had missed a pattern of abuse and neglect, including reports that the boy was malnourished and had hoarded food.

"This little boy who was neglected by the state for 14 months while they received warning after warning that he was being starved and neglected will now have the resources to take care of himself for the remainder of his life," said the boy's lawyer, David Moody, of Hagens Berman Sobol Shapiro law firm in Seattle.

The boy's father, Danny Abegg, and his girlfriend, Marilea Mitchell, were sentenced to eight years in prison last year. They were convicted of criminal mistreatment for withholding food from Shayne as punishment.

The lawsuit alleged that the therapist failed to report signs of abuse, despite billing for work for regular visits he allegedly did up until the boy's rescue.

Originally posted at InjuryBoard by Will Parker

What Happens if AIG Goes Bankrupt?

Will Parker — Wed, 11 Mar 2009 13:47:47 GMT

This is a fairly common question I receive as an attorney, particularly from my worker’s compensation clients. These injured workers’ employers’ insurance is through AIG and, consequently, they receive their weekly checks and, ultimately settlement money from AIG. So, what happens if AIG blows through the bailout money on expensive retreats and poor executive decisions. First of all, let me make it clear President Obama’s idea of transparency and accountability within the government itself and related to government assistance to private entities make it much more likely AIG is successful in the future.

However, what happens if AIG fails? Honestly, insureds have relatively little to worry about. Similar to FDIC insurance for bank deposits, significant regulation and state guarantee funds protect insureds to a fairly large extent.

It is simply not as well known to the average person. The FDIC is well known because the federal government has made it well known to protect against a banking collapse like the one during the Great Depression. Essentially, state and federal regulations will assure that AIG subsidiaries are solvent and able to pay claims. Additionally, AIG’s subsidiary assets would be sold and state guarantee funds that assist in claims pay outs would kick in, if necessary.

On a side note, the real threat to the AIG insureds is the potential of losing coverage at the renewal period if AIG did become insolvent and left the market. In that sceanrio, the more risky the type of coverage, the more difficult it would be to find another insurer. Even in the worst cases, however, eventually other insurers would fill the market vacancy. AIG insurance products, in particular, are, for the most part, not so specialized and their insureds would likely have no problem finding other carriers.

I hope this helps answer a very important and timely question on the minds of many.

Originally posted at InjuryBoard by Will Parker