Tuesday, October 20, 2009

Workmen's Comp Lawsuit - Part 1

The Workmen’s Comp lawsuit began to be referred to in our home as “The Endless Lawsuit.” We filed in September 2005 and settled in February 2009. That is a long time to put off decisions regarding our future. For example: wondering if we were going to have to sell our house to pay medical bills or not being allowed to do anything to our house because we knew it was going to be challenged in court as being the cause of the disease. Just not knowing what the medical and financial future was going to be was very scary.

The first year, I was deposed by one of the Workmen’s Comp insurance lawyers for three hours. They began their investigation. We heard nothing for almost two years. The three D’s of insurance claims: deny, delay, death. Next, twice a new WC insurance lawyer deposed me. I was examined and questioned by their chosen third party doctor. He said he was going to challenge the diagnosis. I was examined and questioned by my lawyer’s choice of a third party doctor. He, by the way, was brilliant. He stated the cause of the disease to be 100% the fault of the school. And, in the end, it was his report that stopped the lawsuit and made them settle. They wanted to have a full inspection of our house. He noted issues about our house and denied that they could cause my disease. The judge agreed. The Insurance Company filed an appeal. The Appeals Board denied their appeal. This set up the settlement talks. It also did not allow them in my house.

Boy, they did everything they could to get information regarding my house. Do you know that if you have made an insurance claim on your house, it is in a database accessible to anyone? During their investigation, I was called at least twice a week at home for a “survey” and they even represented themselves as our homeowner’s insurance representative who wanted to update information. The questions were weird. Did I have wallpaper, did I have carpet, did I have a hot tub, did I have a bench in my shower, did I have a fan in the bathroom, did I have a window in the bathroom, and did I have French doors? They wanted any information so they could claim my home caused my disease. We knew what was going on and finally refuse to answer any questions on the phone explaining that we were involved in a lawsuit. The calls stopped.

They would drive by our home and take photos of me doing yard work. They would take photos of me pumping gas. They even dropped a pack of cigarettes near the phone line on our property and, of course, being followed which we talked about in an earlier blog.

I hired my lawyer because he was the only WC lawyer I interviewed who didn’t want to hold a press conference and stake out the school. He was also not a “mold” lawyer, as I hated the ones I interviewed. He was a bit like Columbo as he stumbled and bumbled which put people at such ease they would open up to him. It was a joy to watch. He was perfect for me. I also discovered that he had long-standing tickets to the opera, symphony and was an excellent classical pianist. We were kindred spirits.

Next: Workmen’s Comp Lawsuit – Part 2

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