A Physical Capacity Evaluation “PCE” (also known as a Functional Capacity Evaluation “FCE”, a Functional Capacity Assessment “FCA” or Work Capacity Evaluation “WCE”) consists of a battery of tests designed to determine ability to perform physical work. These tests measure range of motion, strength, stamina, and ability to lift/carry. The tests are administered by a…
You have a long term disability claim. But now the Long Term Disability Carrier or disability “Plan” seeks to recover from you outstanding medical costs… costs your disability insurer never fully paid in the first place. On January 16, 2011 the United States District Court sitting in Seattle will hear, for the first time, whether…
In October 2010 Allstate Insurance agreed to pay a $10M settlement for improper use of a claim software known as “Colossus”. Colossus is is used by insurers to help analyze auto accident bodily injury claims. The Allstate settlement follows an 18 month investigation into Allstate’s settlement practices. The investigation revealed Allstate did not consistently adjust…
The Good Little Johnny held a dime in his small hand hard earned from his lemonade stand. “Daddy, daddy I want to spend my dime on candy.”, pleaded Johnny. “No, Johnny, let me teach you a lesson handed down to me by my own Pa when I was a little youngster like you. Take that dime to the First…
“If the other guy was at fault in the accident, why should my insurance company pay for my medical bills and wage loss?” Good question! In Oregon as in many other states, a decision was made to provide medical insurance for everyone involved in a car accident regardless of who was at fault. Requiring the…
Richard Rizk is the Far West Ski Association’s 2010 Safety Person of the Year. He developed a winter safety speaker awareness series which addressed winter driving, terrain park safety, ski risks and the law, and ski patrol advice. Richard also contributed significantly to development of the Northwest Ski Club Council’s “PIE”. (Prepared Informed Ecological) campaign…
The following information is important if you were injured in an automobile accident while pregnant. The rule discussed below also applies for other personal injury claims suffered while pregnant. Oregon Courts recognize a special claim of pain and suffering claim for fear of miscarriage. Fehely v. Senders 170 Or 457, 135P.2d 283 (1943). Fehely involved a plaintiff who…
Most states do not allow pain and suffering damages for property losses. Oregon is an exception. In Edwards v Talent Irrigation District, 280 Or. 307, 309, 570 P.2d 1169 (1977), defendant’s negligent acts caused water from their irrigation ditch to flood the plaintiff’s property. The court awarded the plaintiff damages for “mental anguish” as a result of…
The National Transportation Safety Board (NTSB) added distracted driving to its 2013 “most wanted list,” and 35 states have passed laws banning cellphone use while driving. According to the U.S. Department of Transportation, 16 percent of all distracted driving crashes involve drivers under the age of 20. If you or a loved one has been…
You were in an auto accident. You have insurance. So you are covered…right? Well, maybe. Auto insurance policies contain multiple coverages. Each coverage serves a specific purpose. If your accident involves more than two vehicles, high damages or two vehicles insured by the same company, sorting out insurer roles can be tricky. This problem is…