Paper Chase-for the Money
Paper Chase—for the Money.
By T Lee Marshall
To expect officers of the court to right the wrongs in this
multi-million dollar money chase would be like expecting
a Hooker to arrest her Johns. Crime only pays if the criminals
are left at large.
The war is only going to last so long. As it ramps down so will
the number of resources—the war-injured. There will be less
and less brain injuries; shattered, blown off limbs, blast trauma
or bullet wounds to controvert and fund through the legal system.
The well will dry up.
This is the Corporation’s ethical dilemma.
Remember we are not dealing with Ethics as taught in Grade
School, we are dealing with Corporate Ethics taught in the
seedy back-alleys of MBA universities.
The two definitions never meet.
Of course, it will take time before the Corporation’s hand
is forced out of the taxpayer’s pocket. For now, they can
sleep at night knowing long after the war is won, the lawyers
will remain to mop-up behind the battles. The lawyers know
as long as they treat the symptoms, not the disease, the pay
checks will still come.
In addition to the Motion for Sanction which attacks
the Corporation’s license renewal, an Order to Show Cause
could be filed against the corporate claims adjusters,
case managers, lying lawyers and IME physicians, holding all
The Order would compel these offenders to appear before
the ALJ to show cause why they should not be fined and
imprisoned, i.e., prosecuted for misrepresentation, according
to the Longshore Act and United States Code, in an attempt to
delay, deny (controvert) disability compensation and medical
treatment to the war-injured. These offenders are covered.
They are representatives of the employer/carrier.
These offenders would lose their corporate shield which
would lessen the offenses:
“Let’s see—do I do what’s right or do I screw the claimant
and get thrown in jail?”
Is this extreme? Perhaps not.
They have had six years to get it right. Then again, perhaps they
have, if your approach is from those who reap the profit.
Here is an excerpt from the ALJ’s Benchbook (an ‘ALJ for
Dummies’ who sit on the bench). Am I being vicious? No.
They have had six years to get it right.
It is an Editor’s Note, “Hey, this happened Judges!”
[ED. NOTE: Several ALJs have referred cases to the
United States Attorney's office. See, e.g., Moore, supra.
At least one judge has referred a case to a state insurance
commission as to the conduct of an insurance adjuster.
Hilgert v. Dresser/Atlas, 93-LHC-912 (May 4, 1995).
Such referrals can be done by ordering the district director
to serve a copy of the Decision and Order on the proper authority,
stating the authority and his/her address in the order, and
providing that "a cover letter shall state that the Decision and
Order is being served for review of the conduct of ________,
described on pages ______ and any other appropriate action." ]