Is my ex-spouse to be entitled to my workers compensation benefits in my divorce?

Maybe.  It depends on the benefits at issue.  I recently had the opportunity to testify in chancery court about whether workers compensation benefits were marital assets to be equally split in the divorce.  Every case is different, but in this case, the husband had received weekly payments for a period of 4 years, some argued to be before the parties separated and some after.  Then well after the separation, the husband received a settlement package worth more than $300,000.  The wife wanted her share.  My testimony was that the settlement was intended for future lost wages and for future medical treatment covered by a Medicare Set Aside (MSA), therefore they were not a marital asset.  The benefits paid during the marriage aside from the settlement were marital assets in my opinion, but the husband should get credit for the monies he used to benefit the marriage during that time.

Nobody wants to be in a divorce, but we have found that many people who get injured start to have marital problems.  You are already going through enough with the pain, treatment, reduced compensation for wages, stress, and to top it all off, it is hard on a marriage.  If you find yourself in this unfortunate position, you should get some free legal advice from a law firm as experienced as ours to help navigate the difficulties in dealing with the insurance company and the divorce court.  The consultation is free and confidential. 

You can call our office at 601-948-8005, or go to our website at http://www.cglawms.com/ and we will be glad to give you pressure free, honest, independent, and free advice about your best options in proceeding.  And as always, there is no obligation to hire our firm.

Rogen K. Chhabra

Can I choose my own physician in a workers compensation case?

YES, BUT be careful.  In Mississippi, after you have had a surgery or treated with the same physician for six months, you are stuck and you lose your choice.  This is critical because often insurance companies and employers will initially steer you to the doctors they know will be more on their side.  They just hope they can keep you there for six months before you find out you could have chosen your own doctor and never had to accept who they recommended for treatment to begin with.

You do not have to sign a choice of physician form to get treatment.  Most people don't think to ask this question and just assume the insurance company is steering them to the best doctor.  If you have been injured recently, you should seek attorney advice to make sure you are on a treatment path with doctors known to be fair rather than those who tend to side with the insurance company. So many of our firm's clients waited too late to get a free consultation, and we have to spend the rest of their case scratching and clawing to undo the damage that has already been done.

If you have been recently injured, or even if your injury was a long time ago, call our office today for a free and confidential consultation.  You will get to discuss the facts of your case, all the things the employer and insurance adjuster have told you, and most importantly, you will get advice on what you were told correctly and incorrectly.  It is a perfect opportunity to dispel the myths that you may have heard from a friend of a friend and make a decision on how you can best proceed in your best interests based on honest and real information rather than what others may have incorrectly told you. Contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com.  As always it is free and you will have no obligation to hire us.  

Is the nurse case manager allowed to come into the doctor's visit with me in a workers compensation case?

In many workers compensation cases, the insurance company (who is not on your side) will hire a nurse case manager to be involved in management of your medical treatment.  Most nurse case managers are nice, compassionate, caring and will make an injured person feel good.  But one has to ask: are they on the side of the patient or on the side of the insurance company that is paying them?  A nurse case manager may be handy in scheduling appointments and keeping information flowing, but what happens when they meet with the doctor in private?  Are they trying to maximize the value and remedy in your case, or are they trying to minimize the amount of money that the insurance company has to pay.  The fact that the insurance company pays them to be there ought to make the answer to this question obvious.

Here's the answer:  NO.  You have a right to privacy when you are hurt at work, even when the insurance company is paying your benefits, and even when the insurance company pays for your doctor bills.  But it's not as simple as telling the nurse case manager to buzz off.  The Mississippi Workers Compensation commission has ruled that a nurse case manager can be involved, and the insurance company and its lawyers, nurses, and representatives can to talk to doctors with or without you around unless you exercise your right by filing what is known as a petition to controvert with the Commission.  So if you play your cards right and find the right lawyer with the he right strategy, you can prevent a nurse case manager from meddling with your case and let the doctor make decisions independent of influence from the insurance company.

People are often scared, skeptical and downright opposed to hiring a lawyer.  It makes them feel like they are in a fight they don't want to be in.  After all, if the insurance company is paying your benefits as required, why would you want to take a chance of messing that up?  The answer is simple: insurance companies cannot withhold benefits just because you hired a lawyer.  But a good lawyer can certainly hold their feet to the fire and make sure you get what you are really supposed to get without getting steered in the wrong direction by outside pressure.  If you are one of those skeptics, I would recommend you take advantage of the free consultation our firm offers.  The most important thing about the consultation is that it is confidential.  Your boss and your insurance company will never know you got armed with some free advice.  You do not have to hire a firm just because you consulted with one.  Instead, you can find out real information and real long term solutions without any obligation or risk of retaliation. 

Rogen K. Chhabra

For a free consultation to weigh your options and see if you really are being treated properly as they tell you that you are, contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com.

THE ECONOMIC PAIN CONTINUES DUE TO VW’S DECEPTION

As discussed last week, lost in the chaos about Volkswagen’s deception in fooling regulators about the emissions of its “clean” diesel engines is the very real economic damages of used car dealers who purchased VWs for resale.  Those small businesses are now left holding the bag because of VW’s deception. The same is true for branded VW dealers who have hundreds of thousands of dollars — if not millions — in inventory that now can’t be sold.

Having to hold that inventory causes serious economic harm to dealers.  That is because there is a daily cost for holding pre-owned inventory on a used car lot and used cars lose their value while sitting on a used car lot for an extended period of time. Profit margins for used cars begin to dramatically decline after the vehicles are on a lot for more than 30 days. Further, there are costs incurred in holding vehicles in inventory.  The same is true for new vehicles, sitting on branded VW dealers’ lots.

Those small business owners might need to buckle in for a long ride.  This morning, Volkswagen announced that it will launch a massive recall in January of the VW cars that have been affected by this scandal.  Evidently, a software update might be sufficient for most cars, but other vehicles might require new fuel injection equipment and catalytic converters.

VW said that the recall won’t begin until at least the new year and only after German authorities have approved the company’s plans to fix the cars.  And even when it starts, VW does not believe that it will be completed until the end of 2016.

So small business owners — used car dealers and VW branded dealers — are looking at several more months — if not a year — until a real fix is instituted and the economic pain caused by VW’s deception can begin to subside.

If you or a loved one have purchased any of these vehicles, please contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com . You deserve to be compensated. It doesn’t cost you anything to call and talk to an attorney to see what options you have.

Small Business Owners Affected By VW’s Deception

Lost in the chaos about Volkswagen’s deception in fooling regulators about the emissions of its “clean” diesel engines are the very real economic damages of a certain group of small businesses.

Among the effected are used car dealers who are left holding the bag because of Volkswagen’s deception. That is because those small business owners made economic decisions for their businesses, unaware of VW’s deception.

The economic impacts are clear.  There is a daily cost for holding pre-owned inventory on a used car lot and used cars lose their value while sitting on a used car lot for an extended period of time. Profit margins for used cars begin to dramatically decline after the vehicles are on a lot for more than 30 days. Further, there are costs incurred in holding vehicles in inventory. Formulas can be used by dealers to determine the “Days in Stock Break – Even Point” which identifies the number of days a vehicle can remain in the used vehicle inventory before profitability on that vehicle hits a “break-even point.” Cars that cannot be sold in a certain time period or at a profit are wholesaled at auction or sold to another dealer.

Automotive dealers either pay cash or use debt to finance used vehicle inventory. Regardless of which avenue a dealer uses, each day a car sits unsold on a dealer’s lot, there is a daily cost associated with holding that car.

Most dealerships have a low threshold for adversity; liquidity and cash positions are affected very quickly. For example, having $200,000.00 in cash tied up in ten to twelve recalled vehicles that can’t be sold can cripple a dealership. Dealers that rely on debt  to finance their dealership have even a higher risk and less ability to withstand hardship because payments to reduce the principal amount must be made on the balance of the unsold inventory. A dealership should not have any more money tied-up in inventory than is absolutely necessary. This is why dealers will sell vehicles to other dealers, even if they have to do so at a loss. Doing so eases cash considerations even though the vehicle did not make a profit. Excess inventory levels have negative consequences on cash flow and, consequently, on the ability to meet the cash demands of an ongoing business.

Because of Volkswagen’s Stop Sales Orders, used car dealers were forced to pull popular models from their lots and have not even had the opportunity to sell the vehicles subject to the recall to the public, other dealers or auto auction houses. Thus, dealers’ money has been tied up in inventory with no chance of a foreseeable return. If in debt on the vehicle,  the dealers have carried interest and other costs associated with holding the cars during the pendency of the recall. If the inventory was financed with cash, dealers are unable to realize a financial return on the cash tied up in the unsold Volkswagen inventory. Automotive auction houses have, likewise, been forced to carry expenses on vehicles subject to the Stop Sale Order. Finally, there is now a stigma associated with Volkswagen vehicles and the values of the vehicles have dropped. All of these damages have been caused by Volkswagen’s deceptive actions.

These small business owners, like consumers, are affected by Volkswagen’s deceptive acts and deserve compensation for their economic losses.

If you or a loved one have purchased any of these vehicles, please contact the attorneys at Chhabra & Gibbs, P.A., at 601-948-8005 or by going to our website at http://www.cglawms.com . You deserve to be compensated. It doesn’t cost you anything to call and talk to an attorney to see what options you have.