Companies offer discounts to policyholders who have not had any accidents or moving violations for a number of years. look line for “Clearance Auto Insurance” on the web
wow! as a reporter, she should have known to file right of way. now, when she went into this inflatable ball, did she sign any waiver? if not, then it should have been taken care of the first day of the incident. but to go back to 2 yrs after the fact, makes me wonder if something else happened she was at fault for? this inflatable ball, if it was still intact after the off-course collision should not have given her permament injuries. it did say she was belted in, so she was not thrown about. wonder if she is out of job now because of injuries, but she is a writer, and unless she suffered brain damage or permament writer’s cramp – she still can do a job!
but here’s the issue, if that accident happened why did you wait? if your back was not hurt back 2 yrs ago, how can you now claim that it is? you might have hurt your back by bending over and picking up a box of toilet paper. you may have run to the copier and slipped on the floor. this is why i question that she is now filing after 2 yrs! accountability of actions since the rolling ball manuever! she could have been in a car accident where she was at-fault and cause more injury to it… so you see why 2 yrs after the incident is a long time to figure i need help.
Here is my 2 cents worth. She was on the job as a reporter so I would assume she filed WC at the time. CA has a two year statue of limitation (SOL) for filing subrogation, so again PERHAPS Maine has a similar SOL. Perhaps she did file a claim with the ski resort but they either refused to settle or would not settle for what she was looking for. It is conceivable that she is filing now to preserve the SOL.
you bring up an interesting point — where’s the Workmans Comp claim in all this? afterall, she did it for the newspaper…. this could be a possible fraud case —
Pretty work Rusty! You have the skills of a ACE claims adjuster!I think “Two Cents Worth” most likely has it figured out. As a coverholder for a rather large facility in London, we have been asked to insure such activities and have refused to do so, for exactly this reason.
wudchuck, not sure where you come up with the fraud angle, but WC always pays first and then has a right to subrogate against a third party. The reporter can collect WC benefits and still go after a negligent third party without any fraud being involved. Any settlement she receives would then be divided up between the WC carrier, her attorney and then she gets what is left over.
A brief web search brought up some rather fascinating information.
* The reporter definitely broke her back.
* The ball she rode in may have been a knock-off.
* The ball was apparently sold to the operator by an individual with a history of shady money scams.
* Whoever designed the ‘course’ neglected to remove an obstacle which caused the ball to bounce 9 feet into the air, and it was the fall which injured the reporter.
There appears to be enough exposure to spread around on this incident. Wonder if she named anyone else in the suit? Why not the “mfr” or the vendor?
i thought wc, had to pay 100%… she would not be able to sue, the WC would to recover the loss…. if she needs additional payments, then she needs to go back to wc…
WC DOES pay 100% but she still has the right to sue a third party. She just can not sue her employer. As posted earlier, her WC carrier then has the right to be reimbursed by a negligent third party and the injured party gets what ever is left after the WC carrier and the attroney get their cut.
“Metzler’s lawsuit focuses solely on Lost Valley, from whom she is seeking damages related to medical bills and less tangible issues, such as pain and suffering. Kagan (Metzler’s attorney) explains why Metzler waited two years to bring the suit.
“Had we brought this claim a year ago we may have had to hedge for the fact that she may not have made a good recovery,” he says. “So by waiting we’re able to give a much more fixed idea of what she’s entitled to be re-paid.”
Metzler is 28 and now reports on state politics for MaineToday Media. Kagan says it’s still her hope that the case can be resolved out of court.
I guess the statue of limitations was about to run and an “ambulance chaser” got to her or, she waited until all the witnesses had disapeared. I would conclude she knew the danger, signed a waiver, and took the ride! She has had her one free ride, do not give her another one. I would bet a months pay sh collected workers comp. from her employer, was awarded compensation, all meds, lost wages and who know what else.
My vote is she now gets ZERO!
Companies offer discounts to policyholders who have not had any accidents or moving violations for a number of years. look line for “Clearance Auto Insurance” on the web
wow! as a reporter, she should have known to file right of way. now, when she went into this inflatable ball, did she sign any waiver? if not, then it should have been taken care of the first day of the incident. but to go back to 2 yrs after the fact, makes me wonder if something else happened she was at fault for? this inflatable ball, if it was still intact after the off-course collision should not have given her permament injuries. it did say she was belted in, so she was not thrown about. wonder if she is out of job now because of injuries, but she is a writer, and unless she suffered brain damage or permament writer’s cramp – she still can do a job!
No waiver form was ever signed?
That’s right, wudchuck. In your world, nobody is allowed to sue. Ever.
but here’s the issue, if that accident happened why did you wait? if your back was not hurt back 2 yrs ago, how can you now claim that it is? you might have hurt your back by bending over and picking up a box of toilet paper. you may have run to the copier and slipped on the floor. this is why i question that she is now filing after 2 yrs! accountability of actions since the rolling ball manuever! she could have been in a car accident where she was at-fault and cause more injury to it… so you see why 2 yrs after the incident is a long time to figure i need help.
… but the picture may be more than 2 years old.
http://www.facebook.com/people/Rebekah-Metzler/1531860521
Here is my 2 cents worth. She was on the job as a reporter so I would assume she filed WC at the time. CA has a two year statue of limitation (SOL) for filing subrogation, so again PERHAPS Maine has a similar SOL. Perhaps she did file a claim with the ski resort but they either refused to settle or would not settle for what she was looking for. It is conceivable that she is filing now to preserve the SOL.
you bring up an interesting point — where’s the Workmans Comp claim in all this? afterall, she did it for the newspaper…. this could be a possible fraud case —
Pretty work Rusty! You have the skills of a ACE claims adjuster!I think “Two Cents Worth” most likely has it figured out. As a coverholder for a rather large facility in London, we have been asked to insure such activities and have refused to do so, for exactly this reason.
wudchuck, not sure where you come up with the fraud angle, but WC always pays first and then has a right to subrogate against a third party. The reporter can collect WC benefits and still go after a negligent third party without any fraud being involved. Any settlement she receives would then be divided up between the WC carrier, her attorney and then she gets what is left over.
A brief web search brought up some rather fascinating information.
* The reporter definitely broke her back.
* The ball she rode in may have been a knock-off.
* The ball was apparently sold to the operator by an individual with a history of shady money scams.
* Whoever designed the ‘course’ neglected to remove an obstacle which caused the ball to bounce 9 feet into the air, and it was the fall which injured the reporter.
There appears to be enough exposure to spread around on this incident. Wonder if she named anyone else in the suit? Why not the “mfr” or the vendor?
i thought wc, had to pay 100%… she would not be able to sue, the WC would to recover the loss…. if she needs additional payments, then she needs to go back to wc…
WC DOES pay 100% but she still has the right to sue a third party. She just can not sue her employer. As posted earlier, her WC carrier then has the right to be reimbursed by a negligent third party and the injured party gets what ever is left after the WC carrier and the attroney get their cut.
Excerpt from the Maine Public Broadcast Network
“Metzler’s lawsuit focuses solely on Lost Valley, from whom she is seeking damages related to medical bills and less tangible issues, such as pain and suffering. Kagan (Metzler’s attorney) explains why Metzler waited two years to bring the suit.
“Had we brought this claim a year ago we may have had to hedge for the fact that she may not have made a good recovery,” he says. “So by waiting we’re able to give a much more fixed idea of what she’s entitled to be re-paid.”
Metzler is 28 and now reports on state politics for MaineToday Media. Kagan says it’s still her hope that the case can be resolved out of court.
Let the courts decide. Those questions will be explored. The tort system is the reason you, me and many others in this business have jobs.
I guess the statue of limitations was about to run and an “ambulance chaser” got to her or, she waited until all the witnesses had disapeared. I would conclude she knew the danger, signed a waiver, and took the ride! She has had her one free ride, do not give her another one. I would bet a months pay sh collected workers comp. from her employer, was awarded compensation, all meds, lost wages and who know what else.
My vote is she now gets ZERO!
AMEN…common sense!!