People who are involved in worker's compensation agree on the
fact that there are problems in the system and the blame is always put on
someone else. Accusations of fraud fly everywhere and are aimed at different
people. The California Department of Insurance targets the bosses.
Workers' compensation insurance would involve some kind of employer
fraud. Examples of fraud could be underreporting of payroll or misclassifying
employees. The state's top insurance regulator views this another way. Employers
are paying an enormous amount of money to people who are abusing workers' comp
insurance, says the California insurance commissioner,
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The attorney dealing with workers'
compensation issues says that the blame for this current crisis can fall on any
group involved. The defense that workers get will be the strongest he can give.
He says fraud by workers is not very frequent. According to the Web site of the
California applicants' attorneys association, only a small number of arrests and
convictions occurred from the 4 million injuries that were reported within the
years 1993 and 1998.
He wants employers and employees to realize that in
the end, they're still in the same place when it comes to dealing with insurance
companies. Insurance costs went lower years after the insurance industry's
deregulation took place. Huge profits were what insurance companies got back
from their investment of premiums in the stock market when the number of claims
was low.
The 9/11 events increased the problems. Insurance companies
closed business because of these terrorist attacks, in addition to losses in the
industry that amounted to $40 billion. But he says there are still 235 private
insurance companies offering workers' compensation coverage in California and he
supports proposed legislation that would post the top 50 of them, together with
their rates, on a state Website.
Something that is not agreed upon is
the fact that rates go up when there's a claim, but rates don't go down when
there are no claims. Senate Bill 191, which he supports, aims to create a reward
system for those employees have remained claim free for two years at least.
A physical therapist is reminded of the Latin word compitis when he
describes his patients' conditions. The recovery time for work injuries is
different from the recovery for non work injuries,
cheap timberland boots uk for men,
this gentleman says.
A person with a sport related injury will most
likely recover faster and be back at work sooner than someone who got injured
from a work mishap. This new and direct form of payment would encourage health
care specialists not to forget their patients with workers' compensation.
Health professionals will receive the payment without too much hassle,
moncler. He said that this is
obviously different from the way an HMO works, where there are too many
questions, too much paperwork, and too many costs involved.
This one
chiropractor who has been practicing for 13 years claims that only 15% of his
patients are on workers' compensation. Since chiropractors would financially
benefit this system, they take advantage of it by providing more services. He
knows what patients do to abuse the system. Real and fake injuries can be
distinguished through certain tests.
Should you own a patent
that is being infringed, your only course of action is to file a lawsuit against
the infringer. There are patent owners who have launched patent infringement
lawsuits that resulted in multi-million dollar awards for
patent-owner-plaintiff. That’s the good news. The bad news is that mounting a
patent infringement lawsuit can easily cost millions of dollars! There are two
elements to the cost structure of a patent infringement lawsuit.
Legal
Fees: Among all types of civil litigation, IP (intellectual property) lawsuits
are among the most expensive. Total costs may reach the $2 to $5 million range.
Why so expensive? First of all, it takes hundreds or even thousands of hours of
time to prepare and try an IP lawsuit, and IP litigators are highly specialized
attorneys who charge hundreds of dollars an hour. The litigation is complicated,
and mounting an effective offense is time-consuming of the time of some very
expensive people!
Disbursements: In
addition to legal fees, there are numerous out-of-pocket expenses that are
called “disbursements.” These include filing fees and travel expenses, as well
as hiring court reporters to create transcripts of all depositions. Sometimes
depositions are videotaped, and that is another cost,
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Outside experts are often brought in to do research and to appear as expert
witnesses. Sometimes displays have to be created to demonstrate to the jury how
the patent works and how it is being infringed. Many law firms use jury
consultants to make their presentations more effective and to fine tune their
presentation to the actual jury that hears the case.
Bottom Line: A
patent infringement lawsuit tends to be a classic David-versus-Goliath battle,
timberland boots uk, with the
patent owner the under-funded David facing off against the large corporate
Goliath with almost unlimited financial resources. It is not a major expense for
a multi-billion dollar corporation to spend a few million dollars defending
itself in federal court. It is quite another thing for an individual or a small
business to come up with a few million dollars to pursue the infringer of its
patent.
There Is a Solution: The old expression that “necessity is the
mother of invention” really applies here. A new type of business, the patent
enforcement firm, was created to address just this issue. There are just a
handful of these businesses, but they fill a real need helping the patent
owner whose patent has been infringed, but cannot afford to fund a patent
infringement lawsuit. Patent enforcement firms fund and manage the entire
process in exchange for a share of any awards or settlements that result from
the lawsuit. They work on what is known as a “contingency” basis. The patent
enforcement firm hires a law firm, manages the entire lawsuit, and pays for
everything. When they either win the case at trial or reach an out-of-court
settlement,
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usually split the proceeds with the patent owner. If they go to trial and lose,
AND they fail to reach a settlement with the defendant(s), they write off all
the money they invested in the lawsuit. The patent enforcement firm assumes all
the risk!
They Pick Their Fights: Needless to say, these patent
enforcement firms are very selective in whom they chose to represent since they
make a huge financial commitment to a client.