BillsFanNC
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Posts posted by BillsFanNC
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We have a Dyson, the wife had to have it and she loves it, but I have never used it myself.
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Cool. I'm a huge fan of Rush, but I even have to admit that these live CD's after every tour lately are getting a bit ridiculous.
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We can guess that the lawyers screwed up, because it's their job to find out all these things during due diligence. That's why you hire a lawyer and don't go to trial on your own. If you say that subrogation claims are common in health contracts and you know about it from your case, it's unconscionable to me that her lawyers missed it, since they should know about it if their specialty is personal injury.
I don't think they missed it, they knew it was there as I recall from reading the initial story. Her attorney's point was that Wal-Mart shouldn't be asking for every last dime of it back. Again it is my understanding that in these types of cases insurance companies will negotiate with the PI attorney to determine what is a fair amount to pay back. If they had negotiated like that from the beginning they would have recouped at least some of the costs and would not have ended up losing in the court of public opinion.
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Since I am going through something similar personally, it is my understanding that there aren't many health insurance policies these days that DON'T have a subrogation component written into them. How many people here can say definitively right now that they know if their health insurance policy has a subrogation clause and what the terms of that clause are? Read the fine print in your policy. Also we can't know to what extent her lawyers "screwed up" unless we know more facts, namely what the policy limits were for the trucking company. A $1MM policy limit for a trucking company does seem awfully low, but I haven't seen it reported anywhere as to what the limits were.
I think the best outcome from this is that Wal-Mart is altering their thinking to review each situation on a case by case basis. It was pretty clear that in this case that this woman is going to need every dime of that settlement and then some to provide for her ongoing care. Politics aside, this was the right thing for Wal-Mart to do.
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Box wine. That expensive stuff in bottles is for "wine snobs" only.
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caught a little bit...good stuff...though not as good as the man boobs contest
That was damn funny! I loved that Howard making the last two contestants do jumping jacks to determine the winner.
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I'm going through this right now due to injuries I sustained in an auto accident about a year and a half ago. I still haven't settled but I know I will need to pay back at least a portion of my medical bills to my insurer out of the settlement. The main issue here is Wal -Mart not following what I have learned is fairly standard practice in these types of cases. That is that your attorney will often negotiate so that only a portion of the medical bills need to be repaid. Her attorney speaks to this point towards the end of the article, but apparently Wal Mart won't budge.
But in August 2005, Wal-Mart re-emerged with a lawsuit against the Shanks demanding repayment for $469,216 in medical costs out of their settlement. It charged that the Shanks had violated the terms of the health plan by not reimbursing it. The company also demanded payment of legal fees and interest for the cost of suing the Shanks for the money.Mr. Graham, the Shanks' attorney, says he approached Wal-Mart's attorneys about negotiating a compromise, but was told the health plan wanted to proceed with the lawsuit. "We're not contending that Wal-Mart isn't entitled to a payment. We're saying they're entitled to one based on equity," he says. Since Mrs. Shank wasn't fully compensated for her damages in the first place, he argues, Wal-Mart should also expect only partial reimbursement.
I know Wal Mart is well within their rights to do this, but I really feel for this woman and her family.
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It's a good thing! This should bring a la carte prgramming so that I can now get NFL, NHL and MLB broadcasts along with Stern. The music is so compressed on satellite that I rarely listen to those stations.
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3.40 a gallon here in Northern NY.
It sucks! I don't understand how some people can afford to gas them gas guzzlers up once or twice a week!
Most of them can't afford it, but gotta keep up with the Joneses!!
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I'm not surprised. Oh well, I'll just go back to watching virtually nothing on TV besides sports.
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The best fiction I've read in years was The Terror by Dan Simmons.
It's about English explorers in the 1840's who attempt to find the Northwest Passage but are trapped in the ice and stalked by a monster. Very tense book; I loved every page.
I'm about 200 pages into this book as well. A very good read.
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I've read somewhere that they taped two season finale episodes. One that ties everything up and one cliffhanger in case the ratings justified bringing it back. Sadly, I'm guessing that we'll be seeing the end of Jericho next week.
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Great news! I'll be raising a pint of scottish ale to you tonight.
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Award winning Pabst Blue Ribbon.
.....in 1882!
Seriously though, PBR isn't bad for a macro.
My current favorite besides my homebrew is Bell's Two Hearted Ale, an excellent IPA.
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Listen to this. It will calm you down
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Me
Geddy! Nice find 
Ged on the fretless bass and Neil on the five piece kit, how cool is that?
Btw, it sounds compressed because someone taped it from a radio station in Europe that played it mistakenly. I believe and hope the CD version will be much cleaner.
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A song from the upcoming album has leaked. A nice little instrumental track called Malignant Narcissism
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Sept. 9 DENVER BRONCOS W
Sept. 16 @ Pittsburgh Steelers L
Sept. 23 @ New England Patriots L
Sept. 30 NEW YORK JETS W
Oct. 8 DALLAS COWBOYS L
Oct. 21 BALTIMORE RAVENS W
Oct. 28 @ New York Jets L
Nov. 4 CINCINNATI BENGALS L
Nov. 11 @ Miami Dolphins W
Nov. 18 NEW ENGLAND PATRIOTS W
Nov. 25 @ Jacksonville Jaguars L
Dec. 2 @ Washington Redskins L
Dec. 9 MIAMI DOLPHINS W
Dec. 16 @ Cleveland Browns W
Dec. 23 NEW YORK GIANTS W
Dec. 30 @ Philadelphia Eagles L
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Where are they all now when the facts of the case have seemingly been weighed and assessed?
Busy crucifying Don Imus.
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The Associated Press reports that Vice President Dick Cheney on Thursday appeared on a conservative radio show and reiterated his stance that Al Qaeda had links to Iraq before the US invasion in 2003.
"[Abu Musab al-Zarqawi] took up residence there before we ever launched into Iraq, organized the al-Qaeda operations inside Iraq before we even arrived on the scene and then, of course, led the charge for Iraq until we killed him last June," Cheney told radio host Rush Limbaugh during an interview. "As I say, they were present before we invaded Iraq."
The Washington Post, however, reports that Mr. Zarqawi only publicly allied himself with Al Qaeda after the US invasion, and until then "was not then an al-Qaeda member but was the leader of an unaffiliated terrorist group who occasionally associated with al-Qaeda adherents, according to several intelligence analysts."
It should be noted the WP gots its info from the Pentagon:
Other than that he was a pretty swell guy up until evil Bush and Cheney lied and invaded Iraq.
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Nah. He was only mildly amusing when he was getting Ed to accuse a different poster every other day that he/she was crayonz.
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No SC defense in Raleigh
Raising the cup banner twice at the start of the season must have really pissed off the hockey gods!
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I was given free suite tickets for the Canes -Lightning game tonight. I hope that I don't end up having a good time or I might end up a 'Caniac' by the end of the night.
Wal-Mart - a reflection of what's wrong in this country
in Politics, Polls, and Pundits
Posted
I don't disagree that Wal-Mart had every right to go after the full amount, my contention is that you are assuming too much in stating her lawyers screwed up. The fact is that there was legal precendent for them to have asked for a reduced lien on the settlement under the common fund doctrine. This states that the amount sought by the insurer should be reduced by the same percentage as her attorney took as compensation for working to obtain a fair settlement. Subrogation laws are complex and vary by state, her lawyers fought it and lost, but I don't feel that they screwed up.
I'm going to ask my attorney about this when I speak to him next time. My medical bills aren't quite what this woman had, but they are substantial and like her I have been left with permanent injuries. I have been told that it is common practice for liens against medical expenses to be reduced, I'll let you know what ends up happening in my case.
Like I said earlier I think the best thing to come out of this is that Wal-Mart and hopefully other health plans in the future will review these on a case by case basis. They guy who gets $500k for a broken arm, I don't think there is a problem with paying back his medical expenses. But in this case there is the letter of the law and then there is just doing the right thing.