April 25, 2014

Do Not Expect Respect from the Insurance Company

insurance company bad faithI tend to write a lot about bad behavior by insurance companies and why you should not try to represent yourself in your workers’ compensation case.  Obviously I hope that you will consider Ginsberg Law Offices for your case but however you proceed, I hope that you understand clearly that you cannot and should not assume that the insurance company will act in good faith.

Just the other day, I received a letter in the mail in one of my cases stating that the insurance company had scheduled my client for an “independent” medical examination with a physician in Atlanta.  The problem is that my client lives over 150 miles away.

I got on the phone with opposing counsel and demanded to know why his client had scheduled this exam when there were numerous specialists located within 5 miles, 10 miles, 25 miles, etc. from where my client lives.  Obviously what’s going on here is that the insurance company knows that the Atlanta doctor will give them a report they want and they have no interest in finding out what is really going on with my client.

Opposing counsel said that his hands were tied so I requested a conference call with the judge.  During this call I restated my objection to this farce and accused the insurance company of acting in bad faith.  The judge felt that the insurance company had the right to choose a physician of its choice for the IME but he did order the insurance company to provide round trip transportation for my client.

While I would have preferred that the judge order the insurance company to schedule the IME at a location closer to where the claimant lives, I did succeed in bringing this manipulation to the judge’s attention which may cause him to question the validity of the report down the road.

I am reporting this story to you so that you can see just how unreasonable and manipulative some insurance companies can be.  I know, and now you know, that we must fight back hard when the insurance company tries to use workers’ compensation procedure to its advantage.

If you feel that the insurance company handling your claim is trying to step on you, step on over to your phone and call me.

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Jodi Ginsberg

Attorney Jodi Ginsberg represents employees who are injured on the job and who need medical care and missed wage benefits available under Georgia's workers' compensation laws.

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