The insurance company gets to choose which doctors and other health care providers workers go to for treatment under South Carolina law. Those doctors are the same doctors who render opinions on medical impairment and ability to work issues.
The McKnight Law Firm finds it helpful in some cases to hire independent evaluations from well respected, Board Certified physicians, vocational rehabilitation specialists, life care planners and economic experts. This is to ensure the worker’s side of the story is accurately being told. Company hired doctors and experts are not always the greatest patient advocates.
The McKnight Law Firm often will employ a team approach, and work as co-counsel with an additional, well respected law firm. The combined knowledge, experience and resources of two well respected law firms maximizes the opportunity for a successful outcome. This being said, there is no additional fee to the client. The two firms simply collaborate, split standard fees, and mutually benefit from the synergy of collective efforts, resulting in a total win for our clients.
In the case of James v. Anne’s Inc., 386 S.C. 326, 688 S.E.2d 562 (2010), rev’d on reh’g, 390 S.C. 188, 701 S.E.2d. 730 (2010), attorney Jody McKnight won a landmark victory for South Carolina’s injured workers against the workers compensation insurance industry. Prior to this decision, South Carolina’s disabled workers were routinely forced by insurance companies and large self-insured employers, to waive lifetime medical benefits afforded to them under South Carolina law.
The James v Annes Supreme Court decision was a “case of first impression” in South Carolina and nationally. The workers compensation insurance industry bartered with workers’ rights to federal Social Security Disability benefits, in an effort to force South Carolina’s disabled workers to abandon medical benefits that the insurance companies were responsible for under South Carolina law. The McKnight Law Firm served as lead counsel, representing Allie James in two workers compensation hearings, one circuit court hearing, and two South Carolina Supreme Court hearings. The Supreme Court reversed its original 3-2 decision in favor of the workers compensation insurance industry, and rendered a unanimous 5-0 victory for injured workers in this very dramatic case, which captivated the attention of the South Carolina legal community and organizations representing the rights of disabled and injured workers.
The South Carolina Association for Justice, South Carolina Injured Workers Advocates Association and Appleseed Legal Foundation wrote Amicus briefs to support and assist the McKnight Law Firm in this “David and Goliath” battle. Working together, with some of South Carolina’s finest trial and appellate counsel, we achieved this landmark legal victory for South Carolina’s injured and disabled workers.
If you feel you may have a legal case, contact attorney Jody McKnight, so he may review your situation.