by Michael P. Burns, Esq.
Many adjusters and defense counsel have run into the following situation at least once: An applicant seems to disappear—he stops treating, misses evaluations, and fails to appear at hearings. Applicant’s counsel is often at a loss to explain this situation.
Then, the mystery is solved: Applicant has received an all-expenses paid trip to one of California’s correctional institutions—in other words, they’re locked up, and they aren’t getting out anytime soon.
An applicant’s incarceration creates headaches for all parties, in particular, the insurer and defense counsel. Does the insurer continue to pay indemnity? Who controls medical treatment? Does defense counsel have to wait to take applicant’s deposition?