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ElleMD

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ElleMD last won the day on October 30

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About ElleMD

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  1. ElleMD

    Primary parent died

    The kids just lost their father and the woman who primarily raised them through no fault of their own AND lost access to friends, sports, and had a substantial reduction in their standard of living. Those poor kids are losing out all the way around no matter how you look at it. While you might have the legal right to custody, storming in with the police and demanding them when you have been only casually involved up until now, then moving them away from all they knew was not going to go smoothly or win you any favors from the kids. It is in their best interest for you to work out a visitation schedule with heir father's family and the woman who raised them for the past 6 years, whether she holds a legal claim to them or not. Get those kids into counseling and while you can't compete materialistically, at least recognize without judging them that going from a comfortable life to one where they are much more financially restricted is difficult.
  2. ElleMD

    Accepted claim

    If you want me to explain why someone I have never met did something you have not fully explained nor given me the full story regarding, you are out of luck. I'm good, but I'm not psychic. Crystal ball is busted. I can only offer generalities as you have only offered the most random of details about your situation, in a very scattershot fashion no less. A claim may be formally accepted in any number of ways. You might get a letter, a phone call, or email. Claims do not have to be accepted in whole. The IC can accept certain bills and not others. It can accept parts of the claim and not others. For example, it can accept that an incident happened, but deny medical treatment and lost time beyond the initial evaluation. They could accept that you injured your knee but not your back and so deny lost time and or medical treatment to your back. They could accept that you hurt your right arm and authorize 6 PT treatments, but not more than that and deny a cortisone injection. If you disagree with the denial of any part of your claim you have to file an appeal. You can't call them up and negotiate a compromise. Carriers can't just deny claims because their magic 8 ball tells them to, or whatever arbitrary reason you seem to think they would do so. Whatever the reason, if you disagree, you must file an appeal within the time frame allowed to do so and it will be adjudicated. I have no idea why you are so bent on ICs wanting to deny clearly meritorious claims simply to incur the significant added expense of defense. If it appears that you might appeal some aspect of the claim, and it the claim meets certain other internally identified criteria, sending it to counsel and for surveillance is routine. You don't have to do a thing. It is not at all in any way a conflict of interest. This is standard practice. Settlements happen for more reasons than can be listed, as explained previously. There are also numerous types of settlements and you would be wise to consult a lawyer before settling anything as they are legally binding.
  3. ElleMD

    Mowing

    Somewhere this area is defined otherwise you would be saying, "what common areas", as opposed to being able to readily identify specific spots.
  4. ElleMD

    Doctor's Appointment

    It isn't a HIPAA issue. It is normal human courtesy to inquire how you are doing and or what happened when a person needs to leave on an emergency basis. I doubt they are interested in the nitty gritty details. "It turned out to be easily resolved", "The doctor ran some tests but it looks like everything will be ok", "I prefer not to share the details, but I appreciate you asking about me", all work.
  5. Tax Counsel is correct. This isn't a legal issue, but if you saw something offensive, report it to the school leadership. Who knows why they did it. It might have been a truly horrible and indefensible display or you could have walked past a history lesson or part of a dramatic work in progress. True story, my HS had a traditional of the drama kids wearing their costumes to class the opening day of the play. One year we had two very young, inexperienced directors and we did "Cabaret". I'm still friends with both and most of the cast and we all collectively horrified (in retrospect) that there were students walking around all day dressed as Nazis. At the time, no one said a word and the only complaints were from those who objected to the Kit Kat Girls wearing "lingerie" and short dresses to class. I try not to think too much about what that says about my high school.
  6. ElleMD

    Children truancy

    There are a lot of questions but the school district where the children live undoubtedly has an office of pupil personnel or truancy. Contact them. They may not tell you much as a reporter and if she is homeschooling, that is allowed. Do you have any sort of court agreement that addresses child custody? Does that order say anything about decisions regarding the child's education? If not, you can file in court to modify the agreement to include such a clause or contempt if there is such a clause and she is ignoring it.
  7. ElleMD

    Accepted claim

    I can tell you I have rarely seen anything like this, from your end. You have no idea what you are doing. At. All. And the moves you are making that you seem to think are so shrewd are basically only hurting you. You don't even know what it is you want but no matter what they have offered, you turn it down thinking you are somehow outsmarting them. Rest assured, you are not. You are just looking foolish. You refuse to hire anyone who actually does know what they are talking about because of paranoia that they are in cahoots with the IC is just plain daft. Unless you are calling defense attorneys, or the firm that literally represents the IC, they are not in on anything. The world of WC is a reasonably small one, not unlike other areas of law (only so many practice any one area of law in a given area) and yes, those who do tend to know one another. Contrary to what you see on TV, the defense bar and the claimants bar are not the Sharks and the Jets. There is often a collegiality among those who practice and that works to your benefit. The benefits to which you might be entitled are pro-scripted by law. Your "sales acumen" doesn't change that. There is only so much negotiating you can do. You may well have have burned your bridges by playing games with them as long as you have. Surveillance is far, far from uncommon and very frequently is done at various times over the course of a claim. Nothing at all unusual there. It isn't terribly expensive, particularly if done in house. The IC either has legal counsel on staff or on retainer and very nearly every case gets assigned to an attorney, so that is just run of the mill business practice too. You make vague mention of malpractice and violations by the IC, but nothing to indicate what those would be (and none of your posts even hint at anything other than you disagreeing with them denying your claim), nor that you ever even filed a credible complaint of any sort of violation to the appropriate regulatory body.
  8. ElleMD

    Accepted claim

    Once again, you only give me part of the information needed to answer your question. A claim being accepted does not mean that the lost time is accepted. Meaning, they can accept that you fell. They can accept that you might even have had an injury from the fall. They can still deny that the reason you had to be off work was because of that injury or fall, or that you really needed to be off work at all. Frankly, you re in an incredibly claimant friendly state for WC. If you can't find an attorney willing to represent you, that should tell you a whole lot. Representing comp claims is sort of like shooting fish in a barrel. That goes double if the employer/insurer is looking to settle with indemnity. Basically, it is a guaranteed paycheck for very minimal work. Something isn't adding up. That aside, You can't be double paid for the same injury time. Assuming, which has yet to be determined, the IC has agreed to some period of TTD and not just a "global" settlement ("we'll pay you $500 to cover medicals and lost time" with no set time period agreed to or stipulated) there would be an offset from disability payments.
  9. ElleMD

    Guardianship

    Why do you think they should give you visitation? You have no legal right to those children and they had to be removed from an unhealthy environment. Why would the state subject children to those who were part of that environment? The time to have intervened was before the state had to step in and remove the children. Family members can apply to be granted custody but given what you shared elsewhere, and the fact that they won't speak with you, it seems your past makes you a poor choice. CPS isn't looking to place children in another home where they might need to be removed or investigated.
  10. ElleMD

    Rumors About My Health

    HIPAA protects health information obtained in the administration of a health care plan, so if self insured, HR *may* have HIPAA protected information. ADA also has a privacy provision but it is not as broad as you are describing and it doesn't appear to apply here as no accommodation or disability information has been sought or shared.
  11. ElleMD

    Kidnapping

    IF you were at the hospital for 4 hours and had tests run, there is a record of it. Hospitals don't go around treating people for free and tying up resources for hours without documenting it and charging for it. If someone asks you to do something and you agree, there is no warrant needed. If someone asks a friend to go take you to the hospital and you agree to go with that person to the hospital, no crime has been committed. If you are claiming this firefighter impersonated a police officer and stole a police car, that would be a crime, but that would be between the state and the guy who impersonated the officer. You might be a witness, but that is about it. Your friend you called to come get you bruising your arm has no relevance here.
  12. Sounds more like you need to be talking to the police and your bank. Forgery is a crime.
  13. ElleMD

    Mentally Ill Spouse

    Plenty of parents make what seem to be poor decisions when it comes to their children. It's his money. If he wants to spend it on his child, he may do so. If there are joint assets you can disagree to allow him to use those for the son, but if we are talking about his money, whether he is spending it on his kid or QVC shopping sprees, is his choice.
  14. ElleMD

    Rumors About My Health

    Presumably there have been other instances at work as one situation a few months ago would be long forgotten if that were it. Asking everyone to overlook and ignore your symptoms is unreasonable. Better to have some sort of polite but brief script when something happens. Most will understand if you explain you are under the care of a doctor but are still fully capable of working and would appreciate it if they would respect your privacy as you work toward a diagnosis and treatment.
  15. Government contracts are public record. You could just as easily looked up for yourself when the contract was set to expire and made your decision. The employer didn't have to tell you information which was readily available to the public. They just as easily could have won the bid. Its a gamble you take anytime you work on grant or contract funded projects.
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