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Employer Policies Prevail in Workers’ Compensation Case

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Freeland Martz successfully defended another workers’ compensation claim despite having to address the traveling employee and found dead presumptions. 

This case involved a traveling employee (truck driver) who was found dead in the truck of his cab after refusing to comply with clear company policies to vacate the truck’s cab. Despite repeated instructions and assistance offers, the employee remained without authorization or medical clearance.

The claimant argued that the death occurred during the course of employment, invoking the “found dead” presumption. The employer effectively demonstrated the employee’s substantial deviation from company directives and policies meant the presumption did not apply.

After two favorable ALJ decisions and one Full Commission remand, in a 2-1 decision the Full Commission ruled in the employer’s favor. The Mississippi Court of Appeals affirmed that the employee’s refusal to follow explicit employer instructions and policies constituted a substantial deviation, negating the presumption and resulting in the denial of the claim. This outcome highlights the importance of employer guidelines and employee adherence to safety and operational protocols.

The court holds that exploiting your sister and deceiving your family is not a good estate plan 

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The Freeland Martz firm successfully contested a document purporting to be a will signed by a person who had long suffered from Alzheimer’s disease. After the client retired from the Navy, she returned to Mississippi and bought a home near her family. Her youngest brother had long counted on her providing for him and for her assets to become his estate plan.  As she became more confused, suffering from Alzheimer’s disease, he became aggressive, taking her to his attorney and getting her to sign over her home, getting her to buy his vehicle, threatening her if she failed to cooperate. Ultimately, she began to fear him and her other family members became more involved and sought the protections of a court-supervised guardianship, which their sister knew she needed. Through the guardianship, her sisters oversaw her accounts and got her home back in her name. After a few years, when their sister died, the brother presented what he claimed to be her will, which he had lied about and concealed for years. Other family members challenged it in a will contest. The court found that the will would have been revoked by his sister or his guardians had it not been concealed; moreover, the document he claimed to be the decedent’s will was not presented at trial and authenticated by a witness who saw her sign it. The Court found that the sister died intestate without a will and that all of her siblings would share her estate, even the selfish brother who tried everything he could to get it all.   

Only you can keep your promise

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People lie or simply change their minds. Others tell you what they think you want to hear. Only what one does to formalize their promises matters in courts. We often hear about promises of inheritance and commitments to relationships that someone made prior to death. Increasingly, as folks live together without legally formalizing their relations through a marriage, the surviving partner can be left with nothing, even though they contributed financially and personally for years in the relationship. Unless they were named as a beneficiary in a will, trust, or assets, promises of where that would go are meaningless. 

Unless the relationship was formalized by marriage, the surviving partner has no rights based upon the relationship alone. Few states recognize a “palimony right,” yet in nearly every estate case we have, we hear about promises that were never formalized. The failure to formalize promises only results in the heartbreak of a broken promise because our courts cannot simply rely on one testimony of what was promised by the decedent. We can assist those who make promises and want to keep them by formalizing the promises in an estate plan. As far formalizing a personal relationship, that would involve a pastor, priest, or justice of the peace. Just don’t assume things will all work out as you hoped after you have passed. You won’t be around then to keep your promise.      

Caring Too Much, in Other Words, Enabling

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Often, you hear a casual farewell expression: “Take care.” That came to mind when I was trying to help a client who “cared so much for others,” she lacked the resources to provide for herself and her medical care. Friends and family know who has a soft heart and sometimes take advantage by ignoring the needs of those who they are asking for help. Worse yet, just helping those you care about in difficult circumstances might be merely “bailing them out” and not helping them learn from the choices they have made. As a result, the bad choices and irresponsibility will continue because being bailed out avoids having to learn from the consequences of one’s actions. We have seen the problems that arise when this becomes a pattern in which some family members relate. The giver feels needed and gives despite the hardship, which may result in giving too much, and the recipient of the gift then becomes dependent. Sometimes, the person giving does so to feel needed and to control the recipient. It’s good to be needed, but giving in order to control others is selfish and harmful to the person being manipulated. Sometimes, the recipient is taking advantage as well. Controlling, manipulating, and enabling are not the basis of trusting relationships. Truly caring is uncomplicated; it’s just not easy to figure out how to help in each instance. 

FBI says online scams raked in record $16.6 billion last year, up 33% from 2023 

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“Not all the complaints include an associated age range, but of the data with age ranges, people over the age of 60 filed the most, with more than 147,000 complaints. They also reported losing the most money, $4.8 billion, which is more than a quarter of the total losses reported in 2024 and a 43% increase from 2023, the report said.

The average loss among people over the age of 60 was $83,000, more than four times the average overall loss in 2024.”

“Investment scams were the top cause of loss, raking in more than $6.5 billion, the FBI said. Compromised business emails and tech support scams led to over $2.7 billion and more than $1.4 billion in losses, respectively, while personal data breaches were responsible for over $1.4 billion in losses. 

Romance scams landed sixth on the list, with people reporting more than $672 million lost to the schemes. 

California residents reported the most losses. Vermont is the U.S. state with the fewest reported losses. The Northern Marina Islands, a U.S. territory, reported the fewest losses in 2024.

The vast majority of funds were lost when cryptocurrency was used, the FBI said, followed by wire transfers and credit or debit cards.”

(CBS News, https://www.cbsnews.com/news/online-scams-2024-statistics-fbi/) 

The Silent Threat: Protecting Older Adults from Fraud

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Older adults are disproportionately vulnerable to fraud, a reality that stems from a combination of factors. 

Why Older Adults Are Targeted:

  • Accumulated Wealth: Years of saving and investing often result in substantial assets, making older adults attractive targets for scammers seeking significant financial gains.
  • Trusting Nature: Many older adults are inherently trusting, making them more susceptible to persuasive tactics and emotional manipulation.
  • Cognitive Decline: Age-related cognitive decline can impair judgment and decision-making, making it harder to recognize red flags and resist pressure.
  • Social Isolation: Loneliness can make older adults more receptive to attention and connection, which scammers often exploit to build trust and manipulate.
  • Technological Inexperience: Limited familiarity with technology can make older adults more vulnerable to online scams, phishing, and malware.

Common Scams Targeting Older Adults:

  • Grandparent Scams: Scammers impersonate grandchildren or other family members, claiming to be in urgent need of money.
  • Lottery and Sweepstakes Scams: Victims are told they’ve won a prize but must pay fees or taxes to claim it.
  • Romance Scams: Scammers create fake online profiles to build romantic relationships and then request money.
  • Investment Scams: Fraudulent investment opportunities promise high returns with little risk.
  • Government Impersonation Scams: Scammers pose as government officials, demanding payment for fake debts or fees.
  • Online Task Scams: Fake job postings that promise high pay for simple online tasks, but end up stealing personal information or money.
  • “You must pay or else” Scams: Scammers create a sense of urgency or fear, demanding immediate payment to avoid negative consequences.

Recognizing Red Flags:

  • Urgency and Pressure: Scammers often create a sense of urgency, pressuring victims to act quickly without thinking.
  • Requests for Secrecy: Scammers may ask victims to keep the transaction secret, preventing them from seeking advice from trusted individuals.
  • Requests for Unusual Payment Methods: Scammers often prefer payment methods that are difficult to trace, such as wire transfers, gift cards, or cryptocurrency.
  • Unsolicited Contact: Be wary of unsolicited phone calls, emails, or messages from unknown individuals.
  • Promises That Sound Too Good to Be True: If an offer seems too good to be true, it probably is.

Reduce your risk

  1. Be Wary of Unsolicited Contact: Never provide personal information, financial details, or payment to unknown individuals who contact you.
  2. Verify Information: Independently verify the identity of anyone who contacts you, especially if they claim to be from a government agency or financial institution. Do not rely on caller ID or an email address, both of which are easily faked.
  3. Resist Pressure: Never feel pressured to make a quick decision. Take your time, and consult with trusted family members or advisors.
  4. Protect Personal Information: Be cautious about sharing personal information online or over the phone. Shred documents containing sensitive information.
  5. Use Strong Passwords and Security Measures: Create strong, unique passwords for online accounts and enable two-factor authentication whenever possible. Use a password manager or simply write them on a piece of paper you keep in a safe location. Hackers cannot access your paper files.
  6. Monitor Financial Accounts: Regularly review bank statements and credit reports for unauthorized transactions.
  7. Freeze your credit.
  8. Be Skeptical of “Too Good to Be True” Offers: If an investment or opportunity sounds too good to be true, it likely is.
  9. Discuss Finances with Trusted Individuals: Involve trusted family members or advisors in financial decisions, especially those involving significant sums of money.
  10. Report Suspected Fraud: If you suspect you’ve been a victim of fraud, report it immediately to the authorities and relevant financial institutions.
  11. Be aware of Online Task Scams: Be very wary of job postings that promise high pay for simple online tasks. Verify the company and job posting through other means.
  12. Remember the “You must pay or else” Rule: If someone demands payment or else something bad will happen, it is most likely a scam.

Apologizing: A Complex Act

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Apologize? Why?

I’m sure we all know people who rarely, if ever, apologize. Why is apologizing so difficult, and when is it truly necessary? It’s important to recognize that you should never apologize for doing the right thing or if you were not mistaken. Furthermore, an apology can sometimes imply liability when you aren’t at fault. You shouldn’t apologize for pursuing your dreams or simply being yourself. Over-apologizing can also diminish the sincerity of your words, especially if you continue repeating the actions you’re apologizing for.

However, a genuine apology can resolve conflicts, clear up misunderstandings, and mend relationships. It can even save on potential litigation costs and liability. In one instance, an apology could have saved a brother hundreds of dollars in damages and legal fees, avoiding over a decade of drawn-out litigation. Fortunately, in many cases, when parties choose reconciliation over litigation, they save significant time, money, and emotional distress. It’s often the stubborn, greedy, and deceitful individuals who refuse to admit fault and justify their actions that force us into lengthy legal battles.

Death: It’s not easy, but don’t make it harder

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Watching a loved one struggle at the end of life is never easy, but it’s something that almost everyone faces and that we cannot control.
It’s emotional. One considers the relationship with the loved one and has to consider the relationship with their current and extended family members. Those relationships can make the passing of life more difficult. We don’t know what the loved one “would have wanted” unless they have expressed that in a document.
I have even heard recently, “I had a healthcare power of attorney, but I can’t find it.” In response I politely mentioned to the healthcare facility, “Honor that document once we see it; until then, next of kin govern the care and disposition of a loved one pursuant to statute.” The facility, relieved not to be embroiled in a conflict, agreed. Once more, the facility could not have provided medical information about the person under their care to a third party without the third party having a healthcare directive.
Overall, our advice is to celebrate the loved one’s life and to remember how they enriched your lives, which will help them live on in your memory. Commit their bodies consistent with their beliefs. Avoid financial issues, which are often a catalyst to conflict. The will cannot be probated and executor appointed immediately anyway.

Freeland Martz Anniversary

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Freeland Martz will celebrate its 12th anniversary this October.

Thank you to our valued clients and professional colleagues, your business and referrals contribute greatly to our success. Our firm is honored to have been given the opportunity to serve you, and we look forward to many more years of providing you with the highest quality legal representation possible. Thank you for twelve years! And, as always, please contact us if we can be of service.

“Attentive, Accessible, and Committed to Your Best Interest”