Hi this is Brian Wiklendt with Garfinkel Schwartz. Im here in Maitland Florida today in our
office here. We also have an office in Cocoa Beach Florida which is on the Space Coast. But our practice especially including the
Defense Base Act takes me all across the country and pretty much all around the world.
What Id like to do is talk to you very
practically about insurance companies under the Defense Base Act. There are only a few of them that kind of
monopolize the market. I dont like insurance companies because
I used to be in-house counsel for an insurance company for a period of time. For a long period
of time I was outside counsel for insurance companies so I know exactly how they work
especially how they work under this law which is really, really bad.
Ive had clients say that they didnt
get an attorney until they called me because the nurse case manager said that she was going
to take care of everything. Or the adjuster said, hey, once you get back home youll
be treated like a kingblah blah blah. The thing you should be aware of just practically
speaking is that every time an insurance company does something, theyre doing something
to try to minimize your claim. What I mean by that is if they ask for a recorded
statement, why would they need a recorded statement from you? They already know what
They know that you were injured at work. They want to try to find something that they
can use against you in the future. Its the only reason that they would want
a recorded statement from you. They have witnesses they have the company
knows what happened to you, what the injury was.
They dont, they dont need that. Number two is why would they send you to an
independent medical exam at a doctor of their choosing? Wouldnt that mean that theyre
trying to figure a way not to rely on your treating physician whos telling you that
you need these things? Thats probably the only thats the only
purpose for sending you to an independent medical examination. Is to try to get away
with not having to pay for your medical care. Third thing, they do a vocational assessment.
What is a vocational assessment? Well someone interviews you about all of your
qualifications all the things that you could possibly do physically even though you could
be partially or pretty much permanently disabled.
Theyll be doing this vocational assessment
to try to find jobs for you to help you get back on your feet? No! Theyre trying to find jobs they think they
can qualify you to do to send those jobs and the qualifications and the physical requirements
to send to their Independent Medical Examiner or Peer Review person to sign off and say
yeah we can probably prove to a judge that he or she can do these jobs. Well that obviously
will reduce the benefits that they pay and thats the only reason they do it. They dont do it for your benefit. After
the Vocational Assessment theres whats done a Labor Market Survey is done on you.
And that that they try to search for and find jobs that pay enough money that it will affect
your bottom line as to what your compensation rate should be in the future.
Another two things the insurance companies
do to try to minimize your claim or get away with not paying you are: Number One they want you to go to a Functional
Capacity Evaluation. Theyre looking for exaggeration, theyre looking for any type
of thing that they can think of to say that youre not trying your best, doing exercises
and doing these different bending and lifting things that you may or may not be able to
do. And they only simply do the Functional Capacity
Evaluation to try to get you back into the work force under their terms and not under
your or your doctors terms. So be aware of the Functional Capacity Evaluation as well.
Finally a lot of times if the case is really
and it looks like long-term care is going to be needed, including possible surgery,
its not unlike, its not, its not uncommon for the insurance company to do surveillance
on you. And thats just another one of the tools that they have in their arsenal to try
to get you trapped up and explaining during maybe in an initial written statement or oral
statement they ask you for maybe in a deposition if youre not represented. Theyre going
to try to twist your words and say you acted like you couldnt do anything, and
we saw you in your yard cutting your grass, picking up your kidsblah blah blah and
then theyll try to say that youre untrustworthy to the judge. So those are all the things that the insurance
companies do to people regardless of you individually because youre just simply a number to them
and they want to try to minimize the number that theyre going to have to pay you.
So thats all I do for a living I fight
for the true value of the claims for people that I represent but its one definitely
worth pursuing. Like I said sometimes they act like theyre
trying to help you out and doing all these things. Theres absolutely no reason why
they would do any of these things other than to try to minimize what they have to pay you. And so anytime you start to feel a little
uncomfortable about these things that theyre trying to do thats the time youve got
to call an attorney.
If you dont call me, please call somebody
else that specializes in the Defense Base Act because its complicated, and they have
giant resources and an entire industry on their side playing these games to try and
reduce or completely cut off your benefits. So again Im Brian Wiklendt with Garfinkel
Schwartz. Ill come to you call me anytime 24 hours a day. Check out my website, our
website is www.DefenseBaseActLaw.Com Brian Wiklendt again signing out thanks for
listening in Maitland Florida..