Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Mar 2018
    Posts
    10

    Default Copy of Recorded Insurance Adjuster Interview

    My workers compensation claim was made in the State of: New York

    I did a recorded interview with the WC insurance adjuster. From what I understand, in some states you're entitled to a copy if you request one. Is this true in New York? If so, is there a statute I can refer to if I get push-back? Is there a time frame that they must adhere to? Thank you.

  2. #2
    Join Date
    Oct 1971
    Posts
    4,988

    Default Re: Copy of Recorded Insurance Adjuster Interview

    You are entitled to a copy only if they intend to use it in defense.
    If they do intend to use such interview, they would have to include a copy in their "pre-hearing conference statement" or it will not be allowed as evidence.

    4.Failure by the insurance carrier to timely serve upon all other parties and file with the Board the pre-hearing conference statement, or the filing by the insurance carrier of a materially incomplete statement shall result in a waiver of defenses to the claim; failure to list a witness on, or to include a copy of any document not in the electronic case file with the pre-hearing conference statement, which the insurance carrier had in its possession or could reasonably have obtained, shall constitute a waiver of the right to call such witness or introduce such document in the case. There shall be no waiver if the Workers' Compensation Law Judge finds, based on the affidavit of the insurance carrier's legal representative (or if the insurance carrier does not have a legal representative, then by the insurance carrier), that the conduct at issue was due to good cause and the insurance carrier exercised good faith and due diligence.
    http://www.wcb.ny.gov/content/main/wclaws/300_38.jsp

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Copy of Recorded Insurance Adjuster Interview

    Thank you for your detailed reply. Much appreciated.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,744

    Default Re: Copy of Recorded Insurance Adjuster Interview

    Strategically speaking, you may not want to have a copy of it if you are going to a hearing. It just depends on the issues for hearing and what you said in the statement.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  5. #5
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Copy of Recorded Insurance Adjuster Interview

    Thank you. Things aren't looking so great. A mistake on the C-3 is coming back to bite me. Doesn't seem to matter that I gave them the info in a recorded statement. Or have been transparent with my doctors.
    I'll find out soon. I do have a lawyer (well, firm). Still not looking great.

  6. #6
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Copy of Recorded Insurance Adjuster Interview

    Case dismissed. As I tried to explain all along, I had indeed been transparent about all previous medical issues, as was shown in the transcripts from the recorded interview, relevant doctor reports, and opposing counsel's own comments to the IME.
    It was shown that the IME's report was incomplete and factually inaccurate in some areas. The mistake on the C-3 was a just that, a mistake. From here on out, any forms not filled in by me personally will be triple checked for accuracy.

    Side Note:
    If you're required to see an IME, I highly suggest that prior to your visit you or your lawyer send a written request for a copy of any correspondence (questions/comments/medical summaries) the insurance company or their lawyers have submitted to the IME. That way you can correct any factual mistakes and make sure that the questions asked are appropriate. I would also submit a copy of the request to the WC Board.

  7. #7
    Join Date
    Oct 1971
    Posts
    4,988

    Default Re: Copy of Recorded Insurance Adjuster Interview

    Jameson_3
    I highly suggest that prior to your visit you or your lawyer send a written request for a copy of any correspondence (questions/comments/medical summaries) the insurance company or their lawyers have submitted to the IME. That way you can correct any factual mistakes and make sure that the questions asked are appropriate.
    Actually, you're entitled to any "correspondence (questions/comments/medical summaries)" that are to be submitted as evidence, nothing more.
    You'll have access to all records (written and verbal) to be used in defense of your claim, you'll have an opportunity to correct the record later.
    Evidence not submitted, can not be used in defense of your claim.

    That carrier can correspond with their agents without your input, knowledge or approval.
    You can't "correct any records" or alter them in any way - you're not an authority, you're a party to a claim.
    Also you can't control that IME, he may ask any question he pleases.

    Records Are Legal Evidence
    “All parties must be fully apprised of the evidence submitted or to be considered, and must be given opportunity to cross-examine witnesses, to inspect documents and to offer evidence in explanation or rebuttal. In no other way can a party maintain its rights or make its defense.” Rucker v. WCAB (2000) 82 Cal. App. 4th 151, 65 Cal Comp Cases 805.
    All records relevant to a workers’ comp claim should be considered so that justice may be achieved.
    https://www.linkedin.com/pulse/5-thi...comp-pence-crp

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  8. #8
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Copy of Recorded Insurance Adjuster Interview

    I stand corrected. The info came from an attorney article on the NOLO website:

    https://www.nolo.com/legal-encyclope...tion-case.html

    In my case, opposing counsel sent a letter with their summation of my medical history and the questions they wanted the IME to ask me a few days before the appointment, so there wouldn't have been time for the letter to be posted to e-case.
    The letter contained several errors (wrong dates/incorrect procedures). They cherry picked through the doctors' notes
    A few of the questions they requested the doctor ask me were not relevant to the case. Yes, so says me. Even with the inaccuracies, ultimately, the IME found my injuries were causally related the incident.
    If i had a copy of what opposing counsel sent to the IME, I would have brought copies of the actual doctors' reports, not just copies of the diagnostics (MRIs, EMGs, Ultrasounds, etc).
    Last edited by Jameson_3; 09-21-2018 at 11:00 AM.

  9. #9
    Join Date
    Oct 1971
    Posts
    4,988

    Default Re: Copy of Recorded Insurance Adjuster Interview

    Jameson_3
    They cherry picked through the doctors' notes.
    A few of the questions they requested the doctor ask me were not relevant to the case. Yes, so says me.
    Of course they cherry picked through the notes to support their case, do you seriuosly think they're going to support yours?

    I'm confused- are you saying the carrier should submit all correspondence with the IME or their agents to the claimant for approval before submitting?
    If they allowed that, they would also have to allow the carrier to have the private communication between you and your lawyer.
    Who decides what info is relevant and should be allowed between the carrier and IME or the client and their lawyers?
    See my point?

    That's why you have the opportunity at trial to litigate the relevance of the evidence submitted - Litigating private communications between the carrier and their agents would be a waste of time and a violation of attorney client privilege.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  10. #10
    Join Date
    Mar 2018
    Posts
    10

    Default Re: Copy of Recorded Insurance Adjuster Interview

    Did you find the attorney's article to be incorrect?
    This attorney makes the same recommendation.
    https://www./workers-comp-doctor.html


    The attorneys do not state that the carrier's correspondence with the IME should be first run by the claimant or their attorney for approval. Or that you should somehow control the IME. The information I am referring to is not privileged information. In NY, a copy of carrier's letter/correspondence to the IME with their version of your medical history and the questions they would like to be posed to the claimant is sent to the WC board and becomes part of your file. It is accessible by the claimant and their attorney. Unfortunately by the time it is posted, you've most likely already had your IME appointment, and the examining doctor may be making decisions based on incorrect and/or biased information.

    They are stating that you should request a copy of the letter (the same letter they have to submit to the board) so that you might have it before your appointment and have a chance to gather all corroborating medical records/diagnostic results/dates and circumstances about your case so you can then provide the examining doctor with an accurate history and be prepared for the some of the questions he or she may ask - and with the help of an attorney know which ones you don't have to or shouldn't answer. Is it likely they are under no obligation to provide you with a copy. Probably. It's also likely that they'll ignore the request.
    But at least you (or your attorney if you have one) asked, and it's on record that you made the request.

    I'm offering some research I found after learning a few lessons the hard way.

    I do have legal representation. Like a lot of firms, they deal in bulk. I primarily correspond with overworked paralegals. I come to this site to try to be better educated on WC issues and ask questions so that I can better help myself. Sometimes i get some awesome help and support.
    Last edited by tony; 09-22-2018 at 03:55 AM. Reason: spam link removed

Similar Threads

  1. An Insurance Adjuster is Spying on Me
    By DragonSword in forum California
    Replies: 11
    Last Post: 04-09-2014, 11:11 PM
  2. Insurance Company Wont Release Copy of IME Results
    By mpt984 in forum Insurance Company Practices
    Replies: 39
    Last Post: 07-16-2011, 03:47 AM
  3. Insurance Adjuster's Authority
    By Regie D. in forum Maryland
    Replies: 7
    Last Post: 09-28-2010, 11:33 PM
  4. Insurance Adjuster Wants to Talk
    By Spleenless in forum Tennessee
    Replies: 15
    Last Post: 05-30-2009, 07:48 AM
  5. Injured Insurance Adjuster
    By lost in connecticut in forum Insurance Company Practices
    Replies: 5
    Last Post: 02-15-2008, 10:56 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer