Workers’ Compensation Benefits Don’t Solve Every Life Problem
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IT DOES NOT PAY TO ANNOY A COURT OF APPEAL
In Marty D. Foust v. Lawrence Brothers, Inc. And American Interstate Insurance Company, No. 1146-21-3, Court of Appeals of Virginia (December 13, 2022) Marty D. Foust challenged a September 22, 2021 opinion of the Virginia Workers’ Compensation Commission denying his request for certain medical and disability benefits.
BACKGROUND
On appeal from a decision of the Workers’ Compensation Commission, a deputy commissioner held that: Foust was incapable of returning to his pre-injury employment, Dr. Karvelas was not an authorized treating physician, and Foust’s May 2012 stroke was not a compensable consequence of his work-related injury.
In May 2016, December 5, 2016, February 21, 2017, and April 26, 2017 Foust sought additional hearings asserting that he suffered “strokes” and “mini-strokes” that were compensable consequences of his work-related injury.
Again a deputy commissioner found that Foust’s claims were invalid except his request for panels of neurologists and pain management physicians, and granted his request for medical treatment of his symptomatic scar neuroma.
Foust asserted that his accident was “responsible for everything that is wrong with him because nothing was wrong with him before he got hurt.” The Commission concluded that was insufficient as a matter of law.
ANALYSIS
Where a party fails to develop an argument in support of his or her contention or merely constructs a skeletal argument, the issue is waived. Foust’s argument is filled with factual assertions and allegations, some of which are unsupported by the record and left the Court without a legal prism through which to view his alleged errors.
The Court of Appeal found Foust’s failure to comply with the court’s rules in this case significant, his arguments were waived and the order was affirmed.
ZALMA OPINION
Every litigant has the right to appeal the decision of a court or a Workers’ Compensation Board. However, in doing so the person appealing must actually comply with the rules of the Court of Appeals, make claims that are compensable, and accept the fact that when an appellate court rules against the litigant he has no right to try again using ridiculous claims like that the insurer and employer are attempting to murder him.
(c) 2022 Barry Zalma & ClaimSchool, Inc.
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Read the full article at https://www.linkedin.com/pulse/he-who-acts-his-own-lawyer-has-idiot-client-barry-zalma-esq-cfe-d4bwc, See the full video at and at and at https://zalma.com/blog.
Karacson’s Arson for Profit Attempt Required Skill & Experience to Succeed
In Steve Ellis Karacson v. David Shaver, Warden, No. 25-1089, United States Court of Appeals, Sixth Circuit (May 20, 2026) Steve Karacson was convicted in Michigan state court of arson and insurance fraud after evidence showed he burned his own insured home. Investigators found multiple points of origin, gasoline odor, and evidence tying him to the scene, including cell-phone location data and a receipt showing he had purchased a gas can and gloves shortly before the fire.
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Foolish to Repeatedly Disobey Court Orders
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Post number 5348
See the full video at and at and at https://zalma.com/blog plus 5300 posts.
In Linh Wang v. Esurance Insurance Company, No. C24-0447-JCC, United States District Court, W.D. Washington, Seattle (May 1, 2026) John C. Coughenour, United States District Judge, found that throughout this case, culminating with its briefing on Plaintiff’s renewed motion and that Defendant has subjected Plaintiff to unnecessary motion practice for clearly discoverable information and made dubious representations (including to the Court).
FACTUAL BACKGROUND
This case involves an underinsured/uninsured motorist insurance bad faith claim arising from a 2017 motor vehicle collision. The plaintiff, Linh Wang, alleges that Esurance Insurance ...
The Right to Negotiate with Insurer is Not an Assignment of Claims
Post number 5347
Read the full article at https://www.linkedin.com/pulse/ambiguous-contract-repair-assignment-barry-zalma-esq-cfe-2xppc, see the full video at https://rumble.com/v79is1s-ambiguous-contract-to-repair-not-an-assignment.html and at and at https://zalma.com/blog plus more than 5300 posts.
Nebraska Requires an Actual Assignment to Allow Contractor to Sue Insurer
In Millard Gutter Company, a corporation doing business as Millard Roofing and Gutter v. Farmers Mutual Insurance Company of Nebraska, also known as Farmers Mutual Insurance, also known as Farmers Mutual, No. A-24-818, Court of Appeals of Nebraska (May 5, 2026) Millard sued Farmers as an assignee of Jane Anzalone who had hired Millard Gutter to repair the roof of her home and agreed to allow Millard Gutter to coordinate with her insurer, Farmers Mutual, concerning reimbursement for repairs authorized under her insurance policy.
FACTUAL BACKGROUND
In ...
Coverage for Damage to Vacant Dwelling Limited
Post number 5388
Vandalism Damage to Vacant Dwelling Excluded
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In Tyrone Williamson v. Farmers Insurance Co., 2026-Ohio-2530, C. A. No. 30717, Court of Appeals of Ohio, Second District, Montgomery (July 2, 2026) Tyrone Williamson owned a duplex in Dayton, Ohio that he rented as two separate units. While the units were unoccupied by tenants, break-ins occurred in February, March, and April 2024, causing damage to doors, windows, walls, plumbing, flooring, fencing, lighting, a ceiling fan, grass, and other parts of the property, and resulting in the theft of items including tools, generators, a power washer, an air-conditioning unit, car wheels, and a radio.
Farmers Insurance paid approximately $17,000 for some damage from the first break-in but denied other claimed losses, including additional property damage, stolen personal property, and lost rent.
The trial court granted summary judgment to Farmers Insurance on Williamson’s ...
Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster
A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly
Post number 5387
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Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster
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Post number 5387
In Tami Duvall v. State Of Indiana, No. 1:25-cv-01239-SEB-TAB, United States District Court, S.D. Indiana, Indianapolis Division (July 1, 2026) Indiana prisoner Tami Duvall filed a habeas petition under 28 U.S.C. § 2254 challenging her 2011 Indiana convictions for murder, insurance fraud, and obstruction of justice.
Law:
Federal Rule of Civil Procedure 15(a) governs amendment of pleadings, allowing amendment as of course within specified time limits and otherwise permitting amendment with leave of court when justice so requires.
Federal Rule of Civil Procedure 12(f) permits the Court to strike redundant matter. Rule 5 of the Rules ...
It is a Crime to Lie to Your Insurer That Accident Happened After Policy Inception
Post number 5386
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Conviction for Fraud Affirmed Because Evidence Overwhelming
In State Of Washington v. Saleem Mumin Robinson, No. 87244-3-I, Court of Appeals of Washington, Division 1 (June 29, 2026) Saleem Robinson was involved in an automobile collision on May 18, 2021. The other driver, Mohamed Waggeh, photographed Robinson’s documents and later reported the collision to GEICO, identifying the time as approximately 12:40 p.m.
That same day, at 6:06 p.m., more than five hours after the accident, Robinson purchased Progressive insurance for the vehicle involved in the collision.
The next morning, Robinson called Progressive to report the claim and stated that the accident occurred around 6:15 p.m. Progressive recorded that call without advising Robinson that it was being recorded. Progressive later conducted a special investigative unit investigation the claim because it was submitted shortly ...
