ERISA lien resolution is of particular interest to X1Law. Many of our clients end up with these liens and we are one of the few law firms that will continue to fight against recovery services after a settlement or verdict is reached. Many law firms outsource this complicated work or simply pay the entire lien amount – that’s money coming directly out of the client’s recovery. We don’t.

Washington, DC: Last November, Matt Wessler, an attorney at Public Justice, argued an ERISA case before the Supreme Court that will impact every ERISA insurer in the country and almost 200 million Americans covered by the ERISA plan.

Here’s the issue in U.S. Airways v. McCutchen: When an employee is injured and recovers compensation from the person who injured him (or his own personal insurance, e.g., uninsured motorist coverage), can his employer’s ERISA health insurance plan – paid premiums to cover his medical expenses – force the employee to reimburse it for 100 percent of the medical expenses it covered before he or the lawyer who won that compensation can keep a penny, even if the injured employee only recovered a small fraction of his total damages?

When Public Justice’s Matt Wessler and his team argued the case before the U.S. Court of Appeals for the Third Circuit, it said “no.” When they argued the same issue to the U.S. Court of Appeals for the Ninth Circuit in CGI v. Rose, it said “no” too. Wessler, who won both of those appeals, then argued the issue before the U.S. Supreme Court.

Wessler says this is a key “Access to Justice” issue. If injury victims and their lawyers cannot keep a penny until the health insurers recover everything, many will not be able to obtain any compensation – or any representation. Because millions of employees nationwide are covered by ERISA plans, how the Court rules will have far-reaching implications.

Wessler, along with attorneys Jon Perry and Paul Hilko of Rosen, Louik & Perry P.C. of Pittsburgh, Pennsylvania, is defending James McCutchen (Case 11-1285, U.S. Airways v. McCutchen). Legally speaking, this is a difficult case to figure out, even for attorneys such as Wessler. He says there are lots of overlapping rules and questions that invoke different doctrines of the law, but at another level, it is a very straightforward and simple ERISA insurance practice.

The basic issue in this argument involves the practice of insurance subrogation. Wessler says that, although it has a very technical-sounding term, the practice is simple to understand. It refers to the ability of an insurance provider after that provider makes a payment on behalf of the insured for some loss that the insured has suffered. Got that?

“When an insurer pays some loss on behalf of the insured, the law will allow the insurer, in certain circumstances, to recover the money that it paid,” Wessler explains, adding that this is the most fundamental description of such a practice – it has roots that date back to Roman law. “The doctrine essentially means that an insurer can step into the shoes of the insured to recover the money that it paid from the party that caused the loss. In most of these cases, the party is the wrongdoer.”

So Wessler had his day in Supreme Court on November 29, 2012, but now it is a waiting game.

“The Supreme Court argues but doesn’t issue a decision immediately – it usually takes anywhere from two to four months after the argument,” says Wessler, who made the case to nine justices. As well, there were two other parties in the case and the justices heard arguments from three different lawyers.

“The ERISA lawyer representing US Airways argued that the lower court’s decision should be reversed,” Wessler explains. “The attorney for the government argued for a middle ground approach and I argued that the court should affirm the decision below – i.e., the lower court decision.”

Wessler added that the Supreme Court is back from its winter break and they are issuing decisions once or twice a week. They started hearing cases in October so he expects a decision sometime this month or March but they have until the end of June to issue all decisions. And they don’t tell you ahead of time. So Wessler finds out the decision when the public finds out. He is optimistic; however, predictions are dangerous and the issue was tricky and complicated.

“I think the hearing went about as well as we hoped,” Wessler says. “There seems to be a majority of justices who had fundamental concerns about allowing an insurer to get everything. In general they were not surprised to learn that insurers aggressively pursue recovery but I think they felt allowing categorical 100 percent recovery was unfair. The justices will have to go back and give the issue more thought. Whatever happens now is entirely out of everyone’s control – except for the nine justices.”

When they issue the decision, obviously the impact and consequences of that decision for James McCutchen and every ERISA insurer in the country will have significant results and we will have to study the impact it will have going forward.”

As for McCutchen, he is still in a lot of pain and not working. Nothing has changed and US Airways still believes it is entitled to all its money. “Our position is that principals of equity limit the amount that US Airways can obtain,” adds Wessler. “We are grateful to work for an organization – and in a country – in which we can fight for justice and, up to now, win.”

accessed at:

http://www.lawyersandsettlements.com/articles/bad-faith-insurance/interview-erisa-plan-lawsuit-retirement-18434.html?opt=b&utm_expid=3607522-0&utm_referrer=https%3A%2F%2Fwww.google.com%2F#.US-p0h2siSo

A St. Lucie County Sheriff’s Office deputy has died after being shot during a traffic stop this morning, authorities say.

Sgt. Gary Morales, 35, made the stop in the 3200 block of Naylor Terrace, south of Fort Pierce in unincorporated St. Lucie County, about 9:30 a.m. During the stop, a suspect got out of his vehicle and shot the sergeant, who was in his patrol car.

The sergeant was taken to Lawnwood Regional Medical Center & Heart Institute in Fort Pierce where he later died.

Morales was promoted to sergeant Jan. 18. He was a 13-year veteran of the sheriff’s office, said St. Lucie County Sheriff Ken J. Mascara.

“Our thoughts and prayers are with his family,” Mascara said.

Authorities say they have a suspect in custody.

While the investigation continues, traffic will be shut down in the area of the 3200 block of Oleander Avenue.

In an unrelated incident about an hour earlier, a veteran Port St. Lucie police lieutenant was shot in the lower left leg after police went to a domestic incident that turned into a standoff, TCPalm reported.

Lt. Ron Caudell was treated and released from a hospital after being struck by gunfire during the incident in the 1100 block of Southwest Estaugh Avenue.

- See more at: http://www.palmbeachpost.com/news/news/breaking-news/st-lucie-county-deputy-dies-after-being-shot-durin/nWcf4/#sthash.7zeqYfkh.dpuf

accessed at:

St. Lucie County deputy dies after being shot during traffic stop this morning – See more at: http://www.palmbeachpost.com/news/news/breaking-news/st-lucie-county-deputy-dies-after-being-shot-durin/nWcf4/#sthash.7zeqYfkh.dpuf

What if I am seriously injured but I got the ticket? Will a lawyer take the case? We finished settling two cases for clients who were turned down by a well know TV lawyer here in Atlanta and the clients were very pleased with the outcome. This begs the question, if your lawyer has turned the case down, is it worth talking to another lawyer? The answer depends on a few factors; if you have severe injuries, you should always get a second opinion. Another factor is the identity of the lawyer turning it down. At most TV law firms, you never actually talk with a lawyer, you speak with a case manager instead. These are not attorneys and they cannot analyze legal liability. Most TV lawyers have no seen the inside of a courtroom in years and do nothing but push paper around their desk and hope the insurance company will be nice to them. Let’s take the first case as an example. 22 year old crossing the street in a thunderstorm at a four way side street intersection in downtown Atlanta, controlled by traffic signals. The power is out so the signal is down. There are crosswalks at three of the meeting sections but she crosses the street at the one without. About where the red arrow is. The officer tickets the pedestrian while she is in the hospital with multiple hip fractures. Talk about insult to injury. She calls an Atlanta TV lawyer and they tell her that because she got the ticket, she has no case. Moreover, the investigating officer forgot the most important rule in operation; when a traffic light is out in Georgia, cars must treat the intersection as a four way stop. O.C.G.A. § 40-6-70(a) states that “when two vehicles approach or enter an intersection with an inoperative traffic light, the driver of each vehicle shall be required to stop in the same manner as if a stop sign were facing in each direction at the intersection.” The result? The insurance company has to do the right thing and pay out policy limits. The bottom line is this: if there is a serious injury and you got the traffic ticket and are being told you don’t have a case, call us to evaluate all of the evidence. Sloppy lawyers miss critical facts and arguments. We are lawyers who will take an injury case even if you got the ticket in the right situation.           Accessed at: http://www.atlanta-injury-attorney-blog.com/2012/12/turned_down_by_a_lawyer_should.html.

In the mail everyone should be receiving from their carriers, such as State Farm, Geico, Progressive, Allstate, Auto Owners Insurance Company, Nationwide. All of these carriers and the ones not mentioned will be sending notices informing their customers of the change in the law. These notices will be nondescript in nature that they won’t seem very important.

The reason they will be sent in this nondescript form is that the insurance carriers that provide automobile insurance in the state of Florida, want the consumers to ignore this letter. Florida requires a driver to carry $10,000 in PIP coverage designed to cover his own medical costs, even if he is at fault. But now after January 1, 2013, the consumer has quite a few more hurdles to jump through to get these benefits, benefits that the state of Florida requires we purchase or these benefits will be forfeited.

PIP changes

Under the guise of curbing fraud, the rules are changing for Florida drivers under their Personal Injury Protection insurance coverage.

For new policies or those renewing after January 1, 2013:

* To qualify for the full $10,000 benefit, treatment must be by ambulance or at a

hospital, or from a physician, dentist, supervised physician’s assistant or advance

    registered nurse practitioner.

* Treatment must begin within 14 days.

* Nonemergency benefits limited to $2,500.

* No massage or acupuncture.

* Benefits can be denied if the insured refuses to be examined under oath about

information relevant to the claim.

* Insurers can take 90 days instead of 30 to review claims they suspect of fraud.

The new law is designed to reduce the amount insurers pay out for fraud and staged accidents. In return, it requires insurers to cut PIP rates 10 percent effective January 1, 2013 and 25 percent by 2014 or tell regulators why not. The promised savings has not materialized and no explanation has been offered.

The law change did nothing to increase the number of prosecutors and law enforcement personnel assigned to fight fraud. It has always been law enforcement that is going to get criminals off the street and discourage fraud. By changing the law, the fraudsters find a way around it, but consumers give up major benefits which they have been required by law to pay for.

 The answer: if you’re in a car accident go to a doctor within 14 days of the accident

Chalal Slides

Good Samaritan, Jupiter cops save people from burning car |

The green Cadillac was “engulfed in flames” when officers arrived with its passengers still inside. By Alexandra Seltzer Palm Beach Post Staff Writer

Three people are expected to survive a fiery crash that happened last night in Jupiter thanks to the fast movements of a “good Samaritan” and two of the town’s police officers, said Jupiter Police spokesman Sgt. Scott Pascarella. About 10:30 p.m. last night Jupiter police were called to a single-vehicle crash near the 100 block of Scripps Way, just north of Donald Ross Road. The green Cadillac was “engulfed in flames” when officers arrived with its passengers still inside. Bill Baehler, the “good Samaritan,” pulled the passenger sitting in the front seat from the burning vehicle. Then Jupiter Officer Chad Smith broke the window of the driver’s side and pulled the driver, a man, from the vehicle. Jupiter Officer Telly Tyson ran to the rear driver’s side and broke that window. He too pulled that passenger out of the vehicle. Palm Beach County Fire Rescue crews extinguished the vehicle fire soon after. The driver was flown by Trauma Hawk to St. Mary’s Medical Center in West Palm Beach with non life-threatening injuries. The two passengers were taken to Jupiter Medical Center. All are expected to survive. A police car’s dash cam recorded the rescue.

About 40,000 Suspension Trainer Devices have been recalled by Fitness Anywhere LLC, of San Francisco, Calif. The strap length-adjustment buckles can break, posing a fall hazard. Fitness Anywhere has received 570 reports of the strap length-adjustment buckles breaking with 82 reports of the user falling, including 13 reports of head, face, shoulder and hip injuries. This recall involves older model “Professional” (P1) and “Tactical” (T1) TRX Suspension Trainer devices manufactured between January 2006 and July 2007.

The recalled products’ anchor straps are yellow or khaki nylon with a carabiner at the top end and a black nylon loop on the bottom end. A black and yellow or black and khaki nylon strap is threaded through the black nylon loop on the anchor strap to form a “Y.” On each side of the “Y,” the strap has a cam buckle, which is used to adjust the length of the straps. Each end of the “Y” strap has a foam-covered hand grip and a foot cradle.

The recalled devices have hand grips with no end bumpers, which are black plastic caps covering the ends and preventing the plastic under the foam from being exposed. They do not have an extra nylon loop, called a locking loop, attached at the point where the anchor strap and the “Y” straps are joined and designed to limit the slippage of the straps. The recalled products also have badges on the straps with the TRX logo and the word “Professional” (for P1 devices) or “Tactical” (for T1 devices) on them. The words and logo are surrounded by raised dots or have double lines through them.

They were sold at health and fitness stores and studios nationwide and online at www.FitnessAnywhere.com from January 2006 through December 2009 for about $150 to $200. Consumers should immediately stop using the recalled product and contact Fitness Anywhere to arrange to return the recalled product for a replacement TRX Suspension Trainer device. Return authorization is required prior to returning the units. For additional information, contact Fitness Anywhere toll-free at (888)-221-7417 between 9 a.m. and 5 p.m. PT or CustomerCare@trxtraining.com, or visit the company’s website at www.trxtraining.com

accessed at: http://ww.jerebeasleyreport.com/2012/11/fitness-anywhere-recalls-early-model-suspension-trainer-devices/

About 40,000 Suspension Trainer Devices have been recalled by Fitness Anywhere LLC, of San Francisco, Calif. The strap length-adjustment buckles can break, posing a fall hazard. Fitness Anywhere has received 570 reports of the strap length-adjustment buckles breaking with 82 reports of the user falling, including 13 reports of head, face, shoulder and hip injuries. This recall involves older model “Professional” (P1) and “Tactical” (T1) TRX Suspension Trainer devices manufactured between January 2006 and July 2007.

The recalled products’ anchor straps are yellow or khaki nylon with a carabiner at the top end and a black nylon loop on the bottom end. A black and yellow or black and khaki nylon strap is threaded through the black nylon loop on the anchor strap to form a “Y.” On each side of the “Y,” the strap has a cam buckle, which is used to adjust the length of the straps. Each end of the “Y” strap has a foam-covered hand grip and a foot cradle.

The recalled devices have hand grips with no end bumpers, which are black plastic caps covering the ends and preventing the plastic under the foam from being exposed. They do not have an extra nylon loop, called a locking loop, attached at the point where the anchor strap and the “Y” straps are joined and designed to limit the slippage of the straps. The recalled products also have badges on the straps with the TRX logo and the word “Professional” (for P1 devices) or “Tactical” (for T1 devices) on them. The words and logo are surrounded by raised dots or have double lines through them.

They were sold at health and fitness stores and studios nationwide and online at www.FitnessAnywhere.com from January 2006 through December 2009 for about $150 to $200. Consumers should immediately stop using the recalled product and contact Fitness Anywhere to arrange to return the recalled product for a replacement TRX Suspension Trainer device. Return authorization is required prior to returning the units. For additional information, contact Fitness Anywhere toll-free at (888)-221-7417 between 9 a.m. and 5 p.m. PT or CustomerCare@trxtraining.com, or visit the company’s website at www.trxtraining.com

accessed at: http://www.jerebeasleyreport.com/2012/11/fitness-anywhere-recalls-early-model-suspension-trainer-devices/

While our focus is on how enjoyable cars are to drive and how well they fulfill their intended mission, sooner or later you’ll probably have to make a less-than-fun call to your insurance adjuster. Below is a table comparing the highest and lowest insurance claims for 2008–2010 models on a relative scale, with 100 being the average repair cost for all vehicles. It’s no surprise that the expensive stuff—and some of our favorites—occupies the high side. Poor drivers should choose wisely.

Not getting the top value for your VEHICLE PROPERTY DAMAGE CLAIM? The attorneys at X1Law have helped hundreds of clients dealing with low or unsatisfactory property damage offers resulting from a collision. Call us now and see how we can help get your car back on the road.

Results are stated in relative terms with 100 representing the average result for all vehicles. Figures are from the Insurance Institute for Highway Safety for 2008 to 2010 model-year vehicles.

Accessed at: http://www.caranddriver.com/features/2012-10best-highest-and-lowest-collision-insurance-claims-of-2011-feature