Business & Collections
Workers’ Compensation Claims and Appeals
Unemployment Claims and Appeals
COLLECTIONS AND CONTRACTS
Collection of Accounts
Defense of Wrongful Collection Cases
Breach of Contract
Enforcement of Contract
Non-Compete Agreement Violations
Fair Debt Collection Practices Act Violations
Credit Reporting Violations
Disability Insurance Claims
Workers’ Compensation Claims
Improper Claim Denials
BUSINESS & COLLECTIONS ACCOMPLISHMENTS
Represented a woman in a total disability case in which the Division conducted surveillance and had video of our client starting her push lawnmower, hanging laundry on the line, and performing other physical activities. Our experts testified that our client was totally disabled even thought she had some physical abilities as shown on the video recordings. Despite the surveillance video, we prevailed after a contested hearing, and our client received the benefit of our efforts through the payment of total disability benefits.
Represented a woman who injured her neck at work and suffered several years of misdiagnoses by her treating doctors, and independent doctors hired by the Division. She had a gap in treatment of over 3 years as a result of her frustration with the medical providers. Once she was later properly diagnosed, 6 years after the original injury, she hired us to pursue her worker’s compensation case. We hired an expert to show the connection between her current condition and the injury years ago. After extensive discovery and despite several expert opinions supporting the other side, we won the case at a contested hearing. Our client received the benefits she deserved under the law.
We represented a chemical company employer who had a local sales force. A local salesman claimed a workers’ compensation injury after alleged exposure to chemicals. Through extensive discovery and careful review of medical records, we discovered that the employee had actually suffered medical conditions unrelated to the claimed work exposure. We represented the employer at a contested hearing, and showed that the claim was not genuine. Outcome: the claimed injury was deemed non-compensable and our client not responsible. We also received an award of attorney’s fees for our client.
Represented a sheriff’s deputy who was injured at work several years earlier. When his surgeon messed up the insertion of an artificial disk years after the original injury, we argued that our client was re-injured as a consequence of his work injury. We were able to obtain disability benefits for our client at modern day rates in effect at the time of the re-injury, which were substantially higher than the client’s wages at the time of the original injury years earlier. This made a big difference to our client who was raising a young family and needed the extra benefits.
We represented a doctor’s office in defending a workers’ compensation claim made by a former employee. The employee had suffered a minor knee injury at work several years earlier and was now claiming that her total knee replacement was a compensable result of this minor injury. Her surgeon testified that the injury most likely caused the need for knee replacement. We gathered and carefully reviewed all the medical records, including the ones from other doctors she had seen in the interim. At hearing we methodically presented the witnesses who had seen the original injury, and the medical records. We showed the hearing panel that the evidence pointed to arthritis as the cause of the knee replacement. We won the case and the doctor’s office did not get charged for the claim.
Disclaimer: These descriptions represent brief summaries of actual cases handled by our firm. However, each case is unique and the success described in these cases may not mean that your case or another similar case will result in a similar outcome.
CONTRACTS – FAQ's
A contract is a legally enforceable agreement between two or more parties in which there is a promise to do or not to do something in return for valuable consideration.
To form a contract, there must be an offer made by one of the parties; the offer must be accepted by the other party within a reasonable time; and the party accepting the offer must give the party making the offer sufficient consideration in return for the offer (e.g. money, goods, or services). Keep in mind that the parties must have legal capacity to enter into the contract and the terms of the contract must be legal. Also, some, but not all, contracts are required to be in writing to be enforceable.
A breach occurs when one of the parties to the contract does not follow through with their end of the bargain. That is, one party fails to complete what is required of them in accordance with the agreed upon terms. The remedies typically available for a breach of contract are: damages (such as money to compensate the non-breaching party; specific performance of the contract (usually in the form of a court order requiring the breaching party to fulfill the promise and complete what the contract requires); or an injunction (which prevents a party from engaging in certain acts).
It is best for a contract to be documented in some sort of writing and signed by the parties who will be bound by the terms of the contract. This helps to ensure that the terms of the contract will be enforceable and makes proving specific terms easier if the terms are disputed. However, some oral contracts may be legally enforceable. These oral contracts may create difficulties in enforcement because specific terms may be disputed, and without some form of writing it may be hard to prove the exact terms. It is also important to note that some types of contracts must be in writing to be legally enforceable (e.g. a contract for the sale of or that creates rights and obligations of real property). These contracts which are subject to the Statute of Frauds must be made supported by a writing signed by the parties, although there are some exceptions to this rule.
An offer can be terminated in a variety of ways, including: revocation of the offer, a counteroffer made in response to the offer, death or incapacity of one of the parties, rejecting the offer, or if performance of the contract becomes illegal after the offer is made (such as a zoning change making it illegal to do what the contract says in a certain area). Also, an offer cannot be revoked until the person that received the offer knows or has reason to know the offer has be revoked.
Contracts can range from simple to extremely complex. Many contracts are drafted by professionals who understand the law or are filled with multiple pages of what people call “legal jargon,” which may be misunderstood or completely new to the average person. It is important that you seek the advice of an attorney in contract matters to help you better understand the terms and help protect your interests in the contract. In many instances , poorly written contracts are very difficult to enforce and may cost you more in the end. We have years of experience in drafting, reviewing, enforcing and defending contract claims and can help you with these matters.
Generally, under Wyoming law, each party pays their own attorney’s fees and costs unless a contract or statute says otherwise. Therefore, in most cases, each side will have to pay heir own attorney’s fees. This is one reason why it is important to have us review your contract before signing it.