Another Day in Paradise by Kent Ball, Esq. I received the following email in response to my inquiry about a case being handled by Contra Costa County District Attorney's office: Hello Mr. Ball: The matter re Ms. Adams was resolved without the need of a preliminary hearing. On September 20th, Ms. Adams pled no contest to one felony charge of making a false and fraudulent workers' compensation claim under Ins. C. section 1871.4(a)(1). She was sentenced to three years probation, ordered to pay $220 in fines and penalties, ordered to perform 250 hours of community service, and pay restitution in the amount of $50,609 to Republic Indemnity. If she completes her probation without any new violations and pays restitution in full, our office agreed to allow the charge to be reduced to a misdemeanor. Yours truly, Edward Dang Deputy District Attorney Job satisfaction for workers' compensation attorneys comes in small doses. We never hear the hush of a courtroom as the jury foreman passes the verdict form to the trial judge. The media doesn't stalk insurance defense attorneys as they leave the local WCAB buildings. But receiving that email, demonstrating that the system worked against those who take advantage, reminded me why we do what we do and enjoy our careers as workers' compensation attorneys. The claim of Amy Adams was assigned to me following her admitted upper extremity repetitive stress disorder. The physicians had diagnosed her with a dystonia, a neurological disorder causing muscle contractures, spasms and abnormal posturing. Her condition left her with her right arm permanently flexed across her chest as if in a sling and her neck severely bent to the right so that her ear nearly touched her shoulder. She was unable to turn her head. She didn't drive a car (too dangerous with only one arm!). There were no surgical options. The the course of treatment was medication and physical therapy. As one can imagine this was a significant impairment for the 31-year-old clerical worker. I worked with Ms. Adams' attorney to select a highly respected Agreed Medical Examiner (AME) and scheduled her deposition. Due to some scheduling issues on the applicant's part, the AME medical examination took place one month prior to the deposition. The AME report was issued and Ms. Adams disability was significant: no use of the right upper extremity and a limitation to light work for the cervical spine. The disability amounted to 88% ($135,355 plus a life pension with a present value of $83,770, or $219,125). I suggested sub rosa investigation. Working with the investigator, I received a call an hour before the applicant's deposition and learned the applicant was not only running errands that morning, but that the she was driving an automobile (which she had told the AME should could not do). One video clip, taken from the front of her car, showed Ms. Adams executing a U-turn with the classic hand-over-hand steering wheel action. In the deposition, Ms. Adams continued the charade of her "dystonia" with her arm across her chest and ear-to-shoulder for over two hours. I was methodical in my questioning of Ms. Adams' impairment, activities of daily living and physical mobility. She testified in the deposition consistent with what she had previously reported to her treating physicians and the AME. Once the statutory period to make testimony changes had lapsed, the video was turned over to Ms. Adams attorney and the deposition of the AME was scheduled. The doctor's change of opinion regarding Ms. Adams' permanent disability represented a savings of over $200,000! The case was referred to Republic Indemnity's Special Investigations Unit and eventually the Contra Costa County District Attorneys' Office. In July 2007 I was asked about my availability to testify at the September preliminary hearing. In December I again contacted the Deputy District Attorney to check on status. Imagine my job satisfaction at receiving the above email. Just another day in paradise. If you have questions about how to best use investigative tools, contact Kent Ball at (925) 937-1252 or your local Bradford & Barthel office. Kent Ball is Managing Attorney at Bradford & Barthel's Walnut Creek Office.