Impotence (California)

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Impotence (California)

Postby stewshe@comcast.net on Wed Apr 29, 2009 1:42 pm

I mentioned "War Stories" earlier today and that jogged my memory for this one.

Several years ago I came home late on a Friday as I recall over dinner with my wife, Sheila, told her this story in response to, "How work was today." (She was either working for Firemans' Fund, H&B as a Legal Assistant, or Zenith as a claims rep at the time. We did discuss cases, not by name, and never when either of our firms were involved. My point is she was knowledgeable about comp.)

Anyhow, I told her of a new claim I had where among the many complaints was "impotency," which used to be quite rare as a claim prior to the AMA Guides.

She said, "I know how I'd defend that one!"

"How," I asked?

Her reply was a classic! "Simple, I'd hire a hooker! Offer her $500 if she could...." You get the drift.

I happened to mention this in the evening after a day-long seminar a couple of years ago, over drinks with several of the attendees. It got a few laughs.

One person commented it wouldn't be legal, but another said travel could be arranged to Nevada where it is legal in some counties.

A sharp claims adjuster or defense attorney, I forget which, said no, she didn't think it would be a good idea!

When I asked why not, she said she could just see a "miraculous, dramatic improvement in his condition" and a need for "treatment" a few times a week...plus mileage and expenses!
Stew (James T. Stewart)
Author: Work Comp Index, 7th ed., 912 pgs; next ed. summer, 2010.
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Re: Impotence (California) (California)

Postby rider001 on Thu Apr 30, 2009 4:55 pm

The best one i heard about a guy who was claiming an ortho and sexual disfuntion inury both of which were contested. At an MSC the def asked the IW's wife to step out of the court room for moment so that they could review newly presented sub rosa film. The film showed the IW going next door while the wife as at work and having sex with the neighbor. Then asked if the IW wanted to pursue the case he withdrew and left with his wife to never been seen again.

Fact or fiction? Either way it is a funny story.
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Re: Impotence (California)

Postby art... on Thu Apr 30, 2009 7:24 pm

Funny story, however, apocrypha or not, the man was an idiot.

He should have stood his ground and argued self-procured therapy to address both the sexual and orthopedic issues.

:D
"Things are more like they are now than they ever were before."---Dwight D. Eisenhower
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Re: Impotence (California)

Postby stewshe@comcast.net on Fri May 01, 2009 4:40 am

rider001,

There is a legal assistant who works in the same office as I do who also used to be a claims adjuster. MANY years ago he had a lowball C&R offer "on the table" where a case being tried. Injury was admitted, but the nature and extent of injuries was hotly contested.

The EE's wife was attending the trial. Sub rosa movies were shown to impeach his claimed restrictions. The video showed the usual...he got into his car, drove to a gas station, to a grocery store, and then to a residential neighborhood.

Suddenly the EE had the video stopped and announced he wanted to accept the offer!

The video was showing him driving to his girlfriend's house and he didn't want his wife to find out!

Very close to your facts.

I'm sure someone else here will have a good story or two to add about sub-rosa!
Stew (James T. Stewart)
Author: Work Comp Index, 7th ed., 912 pgs; next ed. summer, 2010.
[Ask about discounts now available!]
Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender
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Re: Impotence (California)

Postby rbaird on Mon May 04, 2009 11:32 am

When I was a rookie, the late and great Ed Leonard defended my self-insured employer. The IW worked in a tomato processing plant, my boss was suspicious of his exaggerated claims of back pain, etc and sent out a sub rosa investigator. This was so long ago the investigator's crew used a 16 mm. movie camera with a telephoto lens. The surveillance paid off--the IW was working a small farm while claiming total disability, bucking bales of hay, slopping the pigs. His attorney withdrew and at trial in Sacramento, Ed put some 10 minutes of devastating film on. His whole cross examination consisted of turning to the pro per and bellowing (not asking): "Well?" The poor guy pointed a shaking finger at the movie screen and said: "That ain't me!" The WCJ couldn't stifle some laughter, and the take nothing followed in due course.
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Re: Impotence (California)

Postby steve appell on Tue May 05, 2009 3:56 pm

Somewhat off topic but still worth mentioning.........

I had a case where a lien was disallowed because the representative did not show good cause for non appearance. The representative responded that he was involved in a family emergency related to his wife and their attempts to have a baby. The judge issued a classic response:

"Because the representative gave no indication if his wife was already pregnant or if they were procreating at the time of the hearing, the court will not consider this good cause for non appearance."
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Re: Impotence (California)

Postby stewshe@comcast.net on Wed May 06, 2009 3:56 pm

Judge Baird,

I actually have two somewhat similar sub rosa stories similar to yours.

In the first the EE said, "That's not me...it's my twin brother!"

Needless to say, the WCJ wanted to see the twin and began to do an OTOC. The EE protested, "I can have him here in 15 - 20 minutes tops!"

Sure enough, they were twins, the brother was a mechanic and the film was of him doing work on the EE's car! (I think! Bottom line is the film was discredited since there was no way to tell which brother was being filmed.)

The other video was of an EE who saw the film first in our office and told me, "That's not me, it's my daughter!"

Sure enough, they could have almost passed for twins. Very similar appearance. When they were together and you looked at the film and then the two of them it was clearly the daughter in the film.

The last one was of an EE walking in a park with a cane...daily, except at the last when she suddenly stopped, looked at her watch and then almost jogged off, carrying her cane!

Again, the EE said, "That's not me...it's my neighbor and she's 10 years older than I am!"

Going back and closely looking at the video, this time you could see there were two "little old ladies," but the jogger clearly was a different, somewhat older person, not the same one in the earlier videos.
Stew (James T. Stewart)
Author: Work Comp Index, 7th ed., 912 pgs; next ed. summer, 2010.
[Ask about discounts now available!]
Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender
Ph/Fax 559-291-3238
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Re: Impotence (California)

Postby jpod on Thu May 07, 2009 7:15 am

I have a lesson in Subrosa, although it was not really subriosa as you will see but it does show how the description a witness gives to events can be entirely misleading.

I hope I did not post this before.

I recieved a call from a a manager who said one of his employees was watching TV over the weekend and saw an employee who was off on a back disability in a tug of war with an elephant!!!

So I wrote to the TV station and got a copy of the show. I sat down and watched the tug of war at Marine World.

Yes I could see the employee was one of many people lined up in opposition to an elephant. The problem was the person standing right behind our employee was a woman who had to be at least 65 years old.

In addition there was a trainer who was instructing the elephant on when to go froward and when to go backward.
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