Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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For readers whose parents, grandparents or other family members are over 65, the twin storms of dementia and Alzheimer’s disease could be headed in your direction.

These joint nightmares steal the very essence of humanity from their victims, causing irreversible deterioration of mental faculties, often driving both patient and family care givers to the brink of madness.

As author Lisa Cerasoli learned this caring for her grandmother, Nora Jo, “The pain of these horrible conditions drills itself right through the heart and soul of family, especially when caring for a family member. With issues of property and money belonging to your loved one, families are often torn apart.

“The last thing anyone wants to deal with are legal problems. Fortunately, my grandmother had thought about that years before she was became ill and her lawyer had her sign all of the proper documents giving me the ability to care for her and handle financial affairs.

“What I’ve learned from speaking across America about caregiving, is that most families don’t have these important documents in place, so that when a loved one receives this diagnosis, it is often too late, and your once loving extended family can turn on itself,” she told You and the Law.

Cerasoli brings home the reality of these conditions and tells readers what to expect in her award-winning book, “As Nora Jo Fades Away — Confessions of a Caregiver” and documentary short “14 Days with Alzheimer’s.” She writes with humor, but when you watch the video, have a box of Kleenex handy.

“Families need to deal with these matters when everyone is healthy, if at all possible. It’s that ounce of prevention which means there is one less hassle when your world turns upside down,” she maintains, and we completely agree.

Three critically important documents

When asked, “What are the most important documents children should encourage Mom and Dad have prepared by their lawyer?” estate planning attorneys Linda Monje of Bakersfield and Michael Noland of Hanford, gave identical answers:

(1) A HIPPA authorization for the release of medical information;

(2) An Advance Health Care Directive;

(3) A Durable Power of Attorney

No HIPPA? Then family and friends are denied needed medical information

“On a HIPPA form, you list the individuals who your doctor may release information to. Without it, while somewhat less of a hassle for married couples, it can be a nightmare for other family members or friends who call the doctor. They will be stonewalled, as it is illegal to release information to people who you have not designated,” Monje observes.

Noland believes that adult children need to be aware of these issues, “especially if a parent’s behavior suggests dementia or Alzheimer’s. Their illness could stand in the way of making sound judgments, and irrationally, they may not want you to speak with their doctors. But if that HIPPA authorization was signed well before, you will have access to medical records and their health care providers.”

Both attorneys recommend that anyone you have designated has a copy, as well as having one available when traveling.

Advance Health Care Directive

“What if you have a stroke, an accident, unconscious in a hospital, and health decisions need to be made? The Advance Health Care Directive, lets your physician, family and friends know your desires regarding health care, including end of life decisions,” Monje stated.

Noland was quick to point out: “A great deal of thought must go into who you designate as the person to make these decisions. The best time to decide is when you are healthy and not under time pressures. Remember, you will be giving someone the ability to discontinue life support.”

Durable Power of Attorney can prevent family power struggles

“With a Durable Power of Attorney you name someone to act for you regarding assets, dealing with third parties, making personal and financial decisions if you are unable to do so because of incapacity. The main benefit is that it may avoid the necessity of going to court to have a conservator appointed. It can go into effect immediately, or spring into effect upon the determination of incapacity by a third party such as your physician,” Noland explained.

“These are risky, powerful documents,” cautions Monje. “You’ve got to be so careful who you give this power to — the wrong person could wipe you out financially.”

“And what if mom was just diagnosed with Alzheimer’s or dementia? It is too late?” we asked.

“In such a case, a declaration executed by her primary physician will be necessary to confirm her capacity and ability to direct the preparation of these documents, understand their content and powers she is giving to a third party,” Noland pointed out.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Recently, some of the largest manufacturers of opiates have entered into multi-million dollar settlements for their role in facilitating America’s opiate epidemic,” began an email from “Pete.”

“Shouldn’t the same reasoning be applied to television cooking programs which contribute to the obesity epidemic? Laura, my wife, and our three children have become terribly obese after watching these TV shows, especially America’s Test Kitchen and Cook’s Country, where, like Rachel Rey, the hosts have become obese before viewers’ eyes.

“Laura watches these programs and then prepares meals using their recipes. I tell her, ‘Just look at the hosts, how obese they have become. This isn’t normal, it isn’t ok, and it is dangerous. You have hypertension and are diabetic.’ She says, “They seem ok with being fat, and I am too.’

“Mr. Beaver, I am not fat-shaming my wife, but it is as if she is addicted to the calorie-dense food the hosts prepare.

“Why don’t the producers of these programs think of what their recipes are doing to viewers who make the dishes? Why don’t they encourage much healthier eating? I wrote the programs and asked those questions, but never got a reply. Perhaps you might have better luck.”

At home, we watch these shows–purely as entertainment–but I can’t argue with a thing that Pete says. He raises some very timely questions. I emailed the programs’ media rep, Brian Franklin and asked why no one replied to Pete and got no response. Later, I again wrote, but instead of addressing these serious health concerns, his flippant response was: “Attacking and criticizing the appearance of anyone, let alone our hosts is not worthy of a response.”

Some Numbers

In 2019, according to the CDC, deaths from opiate overdose in the United States were close to 70,000. And from obesity?

The National Institutes of Health tells us, “Obesity and overweight together are the second leading cause of preventable death in the United States, close behind tobacco use. An estimated 300,000 deaths per year are due to the obesity epidemic”

The Harvard School of Public Health puts a “$190 billion price tag on the cost of obesity to our country. This includes the value of lost work, and employer-paid insurance. Annual medical spending is $2,741 higher for obese individuals than for people who are not obese.”

Google TV cooking shows and obesity

If you use Google or Google Scholar and search “TV cooking shows and obesity,” the number of entries and university studies on this topic will amaze you. Viewers who prepare the recipes, have an average weight gain of eleven pounds. That’s just an average. But their influence on food selection is powerful and often unhealthy.

A compelling study of the impact television cooking shows have on weight gain was conducted just a few years ago by researchers from Cornell and the University of Vermont. They found:

1 – Watching chefs prepare indulgent dishes on TV, or a famous host enjoy over-the-top foods with other people, or viewing social media food pictures and recipes suggests a social norm for preparing these types of food.

2 – Televised food programs reinforce bad eating habits, where the hosts are seen as authorities on food, a status that gives their guidance more credibility.

Recent covid and obesity study is a wake-up call

A collaborative study by the University of North Carolina and the World Bank released at the end of August found that, “Obesity increases the risk of dying of Covid-19 by nearly 50% and may make vaccines against the disease less effective.”

One commentator wrote, “Anyone who, today, thinks that obesity is no big deal just doesn’t get it, and to judge by most of the TV cooking shows, it is clear that they not only don’t get it, but do not care about what they are doing our health.”

The Pleasure Trap

I ran Pete’s observations by Dr. Alan Goldhamer, co-author of The Pleasure Trap, a fascinating book about how our brain “traps” us into unhealthy eating habits.

“Pete used the term addiction to describe his wife’s behavior around food, and that is precisely what the food industry–and cooking shows in particular–have done to us. Our brains love calorie-dense food, secreting the pleasure hormone dopamine. I call it SOS – Salt, Oil and Sugar which dominate today’s diet leading to health problems virtually unknown fifty years ago.

“Dennis, in my opinion, these TV shows should come with a warning: Watching this program could be hazardous to your health.”

Perhaps one day a class action law firm will file a lawsuit, where plaintiff’s greatest proof will be videos of what eating their own recipes did to their hosts.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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We will just call her Dotti. The name of her so-called “breast implant surgeon” isn’t Dr. Frankenstein, but it should be. “This incompetent GP has made millions of dollars from breast augmentation surgeries, while permanently and tragically affecting the lives of so many trusting and naive women who in many cases should never have had this operation in the first place,” I was told by the real plastic surgeon who referred her to You and the Law.

He is a board-certified plastic surgeon and examined Dotti almost a year after her procedure. “She was only 20 at the time of the operation, one of hundreds of this guy’s victims whose botched operations require extensive surgical repair,” Dr. “T” told me.

Comparing photos of Dotti taken before the surgery and her appearance now, she has hanging, oblong-shaped, off-centered breasts of an old woman, grossly too large for her body size, as well as two inch scars – which resemble a cockroach – below each breast, the result of an infection which the doctor allowed to go untreated.

Evaluations by two board-certified plastic surgeons found “bilateral breast symmastia, IMF scar hypertrophy and bottoming out that may require multiple surgical revisions, reformation of the implant envelope and reconstruction of the bilateral inframmary fold as well as the cleavage area in the sternum, as well as a change in the position of the implants. The scars will need to be revised. The implants will need to be exchanged to smaller size as the existing size is too large for her frame.”

One of them made something chillingly clear: “She will never be even close to what she was before this operation.”

Not looking for a malpractice suit

Dotti didn’t want a malpractice lawsuit – the significant expense of which she could never afford – but rather sought help in registering a complaint with the California Medical Board and in trying to see if a refund could be negotiated with the surgeon. She was out of money, out of hope and ir would be a “pro bono,” case, which means helping a client at little or no charge. Dr. “T” would do the surgical repairs necessary at a greatly reduced fee, just trying to cover his overhead, but she had to pay something.

Certain patients require evaluation by a psychologist first

“So many young women have spent thousands of dollars for breast and other forms of plastic surgery when what they needed instead was to be evaluated by a psychologist before allowing their still maturing bodies to be operated on. It just makes me so angry to see what these money-obsessed incompetents can do, leaving girls permanently disfigured,” Dr. T told me.

He is not alone in the belief that too many young women are undergoing unnecessary plastic surgery procedures. Malpractice lawyers share the same opinion, and when they pursue good cases – women who have been horribly disfigured – settlements and verdicts can be significant.

Beverly Hills attorney Raymond Feinberg, whose speciality is medical malpractice, has tangled “with surgeons who left their patients with hideous complications, and in many cases, horribly disfigured.” He urges family members and friends to talk with these girls and ask the following questions:

“Just what do you expect? What are you trying to accomplish by having this surgery? Remember, this is real surgery – someone is going to make serious cuts into your body and implant foreign material. You will have scars and may not look anything like what you expected to afterwards”

“Do you want to look like someone on TV or in the movies? What’s wrong with your appearance and in being yourself? Do you really think that having larger breasts than what Nature gave you is going to change your life?”

Feinberg cautions, “We’re not talking about a woman who requires this operation due to cancer or some traumatic event – that’s understandable. But for most other women, these procedures will not change their lives and could very well make things worse. You need realistic expectations and should always get a second opinion.”

You’ve got to understand the nature and risks of the procedure. If you are expecting an implant to guarantee a life of happiness or enduring fulfillment, you have completely unrealistic expectations.”

I asked him, “When should a plastic surgeon refer the patient to a psychologist?”

“A good plastic surgeon should have some background in counseling and should recognize patients on whom he or she should not operate. Image is all over the place in the media. If a young woman – let’s say 17 to 21 – asks for a breast implant, unless there is a compelling medical need, I think that to do this just for appearance sake is completely and totally wrong” he maintains.

Next time: Warning signs that you’ve got the wrong doctor.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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When you just saw that word burnout, how did it make you feel? Has the stress of working under what for many of us are completely different conditions due to COVID-19 caused you to worry more than usual, to feel maxed out, frustrated?

James Eischen deals with that question daily with people from every corner of our country.

Based in San Diego, California, where he practices healthcare business planning/corporate and real estate law, Eischen discovered, “A talent to help people open up about the things that were not only worrying them, but which posed significant danger to their physical and mental well-being, both on the job, at school, and now, greatly amplified with burnout linked to what COVID-19 has done to the country.”

Eischen is a nationally recognized expert on avoiding work-related burnout, lecturing to lawyers and health care professionals across the country and providing insights via his online learning channel, www.loftylearning.com.

“A global mental health crisis has been caused by our response to Covid-19,” he observes, adding, “Yet, there is a great deal individuals can do which will help mitigate the consequences. However, we need to understand what we are seeing. We must be able to identify burnout and deal with it at the earliest possible stage.”

 What is Burnout?

“Burnout differs from stress,” Eischen is quick to point out. “Stress is often equated with anxiety, and is burdensome, but burnout is where we reach a level of detachment. We experience a loss of motivation, our connection with others – and we lose ourselves.  Burnout is identified by the World Health Organization as an occupational mental health syndrome.

“It results in enormous damage on the job, school, and at home. The good news is that there are time-tested tools to help mitigate or avoid burnout.”

A Road Map to Burnout

Eischen lists several factors which contribute to burnout and apply to many occupations, “And especially to lawyers,” he underscores.  He lists these:

(1) A loss of control over the nature of your work and the enjoyment it had been providing.

(2) Perceived unfairness with your job, including a lack of recognition.

(3) Most importantly, the feeling that your work demands are not aligned with your personal values.  This is something that a high percentage of lawyers face on a daily basis, making them incredibly unhappy because they do not believe in what they are doing and are not practicing the kind of law they want to.

“Attorneys experience substance abuse at a higher rate than other professional populations which is often the result of feeling they have prostituted themselves, doing what they do for the money and perceived job security. They feel trapped by golden handcuffs. This in turn leads to burnout.

“But no amount of money sufficiently compensates for doing something you do not believe in. The vast oversupply of lawyers has made a mockery out of the judicial system where much ‘legal work’ is done just to generate billable hours, and so many lawyers know they aren’t helping, but are harming their clients financially and emotionally just to put food on the table.

“Lawyers who are headed for burnout detach, stop caring, and are part of an infection in our legal system,” he strongly maintains. “This means they cannot reach their potential or fully serve their clients.”

What are the tools which address burnout?

Eischen believes that we start out on a path towards burnout by not understanding ourselves and how our minds actually work.

“Our minds are terribly complex and under the right circumstances, are receptive to being fooled by false evidence,” he notes. “With the right blend of negative thoughts and experiences, the results are cognitive distortions and logic fallacies which lead to twisted thinking. This blocks our ability to understand the world around us and ourselves. Our minds have innate limitations to comprehend reality as it really is.

“Mindfulness and meditation greatly assist in undermining the negative impact of these cognitive distortions and logic fallacies.  Meditation allows our mind to sit still, to think without the distractions of ordinary live, to perceive a sense of calm, and to achieve greater insight into our own intentions and the world around us.

By using mindfulness and meditation techniques we can hopefully achieve mental clarity to rediscover who are and what our purpose in life is. Mindfulness is the effort to achieve focus and attention in our everyday lives no matter what we are doing, the synonym for it is focus. Mindfulness is engaging in the world as it is.

Eischen concludes on a positive note:

“When you get clear about your purpose you can then work towards ensuring that your work is in alignment with how your see yourself in the world. This defeats burnout.”             

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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When disaster strikes, we first worry about health and safety. Then concerns of financial loss and damage come to mind.

Many commercial insurance policies contain clauses that protect a business in the event of a disaster–including biological, such as the coronavirus–which has led to governmental intervention, shuttering companies across America. Typically, these policies provide coverage on an “all risk” basis. That means all risks of loss and damage are covered unless explicitly, expressly, and unambiguously excluded.

For example, expense incurred to decontaminate and protect your premises should be covered. Losses from the interruption of your business due to government mandated closures in this viral pandemic may be covered. However, some insurance companies are instructing their claims adjusters to use obscure contract interpretations and deny certain business interruption claims which are indeed covered.

Readers who have business interruption insurance need to know how to protect themselves, and how to respond to a possible denial of coverage by a claims adjuster.

If this happens to you, here is an insight into what you need to know about Business Interruption insurance coverage and claims from two attorneys specializing in insurance bad faith, Chicago attorney Michael Childress, and Brian S. Kabateck from Los Angeles. They have a combined total of 70 years of experience handling insurance bad faith cases.

Your Agent is Not Required to Offer You Potentially Needed Coverage

Kabateck: Most people are completely unaware of the fact that an insurance agent only owes you a duty to obtain the type of insurance you tell him to. Your agent is like a pizza order taker; if you don’t say that you want pepperoni, it will not be offered.

Childress: I call it The Don’t Ask, Don’t Tell Policy. If you don’t ask your insurance agent for specific types of policy coverage, they have no obligation of suggesting it to you. Many insurance agents are motivated to not offer certain types of coverage, to keep what is called their loss ratios down.

They want to keep losses down so the ratio of losses–claims that are paid–to premiums received from policyholders is not high, keeping the insurance carrier happy.

For example, one area where a claim could cost the company dearly is with “business crime insurance,” which is not generally part of many commercial insurance policies, or at very low limits of coverage.

This covers crime-related loses, such as theft or embezzlement. But a business owner can ask for it, in varying amounts of coverage. Unless the business owner specifically asks for business crime insurance to be added to their commercial policy, it will likely not be suggested.

Your broker is not the person to ask if you have coverage that your business needs. Many are just salespeople and do not understand what it is they are selling. I know that sounds strange, but it is true. It is always best to have a lawyer who is experienced with commercial claims help you determine the coverage your business needs.

Steps to Follow – Get a Full Copy of Your Insurance Policy

Kabateck: It is stunning how many people who do not have copies of their insurance policy. They may have the Declarations Sheet but not the body of the policy. You need both in order to evaluate whether there is coverage. The Declaration Sheet often does not identify additional coverages, optional coverages, or extensions of coverage that reside in the body of the policy.

Oftentimes you will need to ask your broker for that policy. You may hear, ‘Why do you want it?’ You simply say that you want to know the kinds of coverages you have in the event of a claim.

Childress: Well before a loss you want to have your full policy.

Some Policy Forms Exclude Coverage for Virus

Kabateck: Some policy forms exclude coverage for virus. ISO (The Insurance Services Organization) has a form used by many insurance companies with an endorsement at the back of the policy that specifically excludes loss for virus and bacteria. If you policy has that, you are out of luck.

However, under the standard ISO form there may be coverage, including contamination or the impact of governmental authority. With that ISO form, consider yourself lucky!

To complicate matters even further, many insurance companies have their own policy forms that do not follow ISO and so the devil is in the details. You’ve got to read the policy. You need to know what is covered and what is not.

The Governor Shut Down My Business! What Must I Do Now?

Kabateck: In the event of a loss, before you so much as speak with your insurance company, have someone experienced with commercial claims read the policy so that you are clear on what coverages you actually have. After that:

Set up a separate account for your extra expenses for due to the virus loses.

There are usually two kinds of loses, for example, cancelled bookings and lost profits. Other loses include extra expenses that you are incurring to help your business survive. For example, if customers can’t dine in your restaurant, then you will incur the added expense of outfitting your business for delivery and carry-out.

Childress: Consider decontaminating your facility in the event that any of your employees come down with the virus. You may need to hire a company that specializes in this type of remediation. It is important to make a time line – a log – of when you first became aware of it, having someone experienced with business interruption claims interview employees.

If possible, determine the source and how long it might be there on your business premises. If you have this type of an impact on your facility, your chances of coverage for this expense is much higher.

Kabateck: There are two roads to finding coverage under an insurance policy and one is direct physical loss and damage, such as a tree falling on your roof. But damage does not have to be visible. It can be an odor or microscopic, such as fungal spores and viruses. If you have someone with the virus in your facility, then you probably have damage, and as just mentioned, will need to take steps to eliminate it from your business premises.

The other road to finding coverage is being shut down by the government or local municipality. Most of these shut down orders contain language which triggers coverage, by explaining that the action taken is to prevent spread of the virus, i.e. biological damage.

When Speaking with a Claims Adjuster – Follow These Steps

From watching television police shows, we all know about the Miranda warnings or “What you say can and will be used against you in court.” Both attorneys caution that the same applies when speaking with a claims adjuster, and list these steps to follow:

–Before you present your claim–before your first conversation with the adjuster–schedule an appointment with an attorney who handles business interruption claims to evaluate your policy so that you will know what is covered and what is excluded. You do not want to make a claim for things which are not covered, as this harms your credibility.

–Keep a log of all of your conversations with the adjuster.

–If the adjuster tells you, “We are denying the claim,” it is critical to reply, “Please put that in writing,” as this triggers the statute of limitations – the time limit – for a possible lawsuit against the carrier.

–Business interruption claims are complicated. There are multiple avenues to finding coverage which benefit from a consultation with an attorney who handles these types of insurance claims. You may not need to retain the attorney, but given the stress you will be under, to level the playing field, time spent discussing your rights with a lawyer is an important step to take.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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COVID-19 vaccinations are here. What if you don’t want to get one, but your employer says, “No shot, no job?” Is there a way that the business world and government can encourage taking the vaccination voluntarily as opposed to mandating it?

I put those questions to Southern California-based employment attorneys, Dan Klingenberger, Jay Rosenlieb, and Dr. Luis Vega, Psychology professor at California State University, Bakersfield.

Dan: “This is a huge question and the answer may depend on the type of employment. An employer in the health care industry may, for example, have greater rights and needs than an employer in the construction industry. If an employer requires employees being vaccinated, at present we see at least two ways this could be challenged:

“1. By raising a religious accommodation issue. ‘For religious reasons I object to receiving the vaccine.’ The employer would need to explore whether the employee has a ‘sincerely held religious belief’ that would require an accommodation by the employer.

“2. An employee may have medical concerns or a disability that causes the employer to want to avoid receiving the vaccine. The Americans with Disabilities Act (ADA) requires employers to follow certain steps consider a reasonable accommodation upon request by a person with a disability.

“However, an employer may have the right to require the vaccination if it could be shown that failing to get it would create an undue hardship on the employer or pose a direct threat to anyone working around that person. Additionally, this could be the basis to deny a request for accommodation.”

Jay: “History as shown that even prior to H1N1 disease, the EEOC has allowed mandatary vaccination programs. For example, mandatory flu vaccines in the health care sector are accepted as well as obligatory hepatitis vaccination in the waste water treatment industry.

“It is clear to me that employers can require the vaccination; the bigger question is, should they? To answer that question, they will need to take a look at their individual circumstances to determine the level of acceptable risk with respect to requiring employees receiving the vaccine.

“For example, an employer who has not had significant cases of COVID-19 in their work place and are not in health care, food, industry, meat packing, or waste water may decide that it is not worth accepting a risk of an EEOC or ADA claim by requiring receipt of the vaccine. Some of those risks are that if the employee receives the vaccine and has a negative reaction, this could become a workers’ compensation claim.”

Dan: “Another risk employers face is that if they do not roll out their vaccination program effectively, OSHA or their state version of OSHA would move against them.
“Employers should monitor whether their state, county and city has introduced their own vaccination programs.”

Jay: “Mandating the vaccine is a hot potato. I do not believe that employers should be required to have mandatory vaccination programs. See how much trouble we are having with requiring face masks? It would be the same thing, only 10 times larger. A mandatory vaccine program opens the employer to bad media relations, negative social media comments and disruptions in the workplace.”

What should employers do?

Dan: “Employers need to self-educate to be sure they are complying with government requirements and regulations related to policies that address COVID-19 preparedness. This will vary from state to state.

“All employers should continue their current prevention programs—masks, social distancing, checking temperatures and in addition to that, it makes sense for company owners and managers to consider sponsoring an on-site voluntary clinic and be the first in line to roll up their sleeves and get the vaccine.

“This will probably be the very best form of encouragement and much better than ordering their employees to get the shot.”

A psychologist’s views

Dr. Luis Vega is a professor of psychology at California State University in Bakersfield whose professional interests include methods of persuasion. Some months ago, I wrote “The Psychology of Being Scammed” based on my interview with Dr. Vega. With so many scams attacking us daily, if you have not yet read it, may I suggest that you Google “Dennis Beaver Luis Vega Scammed.”

If you have ever wondered how even well educated, professional people can get scammed, Vega explains the mechanics. Do you have parents or family members who are “trusting souls?” Please encourage them to read the article. I hear almost daily from elderly people who got scammed, and if their kids or close friends were on top of what Mom or Dad was doing, the outcomes would be so different.

I asked Dr. Vega why anyone would refuse a vaccine, knowing that millions have died from COVID-19.
His answer took us on a brief detour to the world of literature:

“Shakespeare describes how two young lovers — told they were not free to love each other — chose to exercise the ultimate free choice, and took their own lives.

“The sense of losing one’s freedom evokes a strong need to regain it that psychologists call the Romeo-Juliet Effect. Mandates for COVID-19 vaccination could encourage some people to oppose vaccination because it gives them the perception of losing their freedom of choice at the cost of a fatalistic, Shakespearian outcome, where even dying preserves a sense of one’s freedom, irrational as it might sound.

“Ideally, government and the business world will encourage everyone to realize they have a choice of action, and the best is accepting the COVID-19 vaccine, which for many will be a matter of life or death. That means placing the focus on what we stand to lose by not taking the vaccine.”

Dealing with vaccine fears

“Dennis, let me draw a parallel to a common reaction by people — paralyzed by fear — and unable to save themselves in aircraft accidents, cruise ship disasters and fires.
“To prevent inaction and paralysis, we must tell people what to do, and provide a roadmap to overcoming fear. The thought of dying from COVID-19 is frightening to most of us, yet, even with a disease-preventing vaccine, some inaction — rejection by people who march to the beat of a different drummer — must be expected.

“We have a good chance of reversing it by providing the solution, which is vaccination. The more we explain how vaccinations work, the better.

“And when people who we look up to take the vaccine, we will see the ‘monkey see, monkey do’ effect.”

I asked him to explain the mechanics — how the “monkey see, monkey do” effect works?

“It is important to see other people who are like ourselves getting the vaccine. When we find business and government in the same group — the same boat — all getting the vaccine, this avoids a feeling of ‘us-them separation,’ ” he notes.

Of course, there are some people — for medical or other personal reasons — who will not want to take the vaccine. Those who decline to take it for religious or other reasons may find these difficult positions to maintain, and that is something the legal system will address. But what about someone who just says, “I do not want to take the shot and don’t care what anyone thinks. This is my right!”

“Of course, some people will opt not to get the vaccine,” Vega observes, “and this reveals the ‘us-them’ separation through differences, ‘us’ taking the vaccine as the normal thing, ‘them’ not taking it, as reckless, outside the norms.”

Professor Vega concluded our discussion in a way that would have made old Bill Shakespeare proud:

“As humans we strive for a sense of belonging; feeling different marginalizes us, and we do not like that, not at all. The ‘monkey see, monkey do’ effect reduces differences, and those who do not follow will feel the pressure to conform, or be marginalized.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Nick” is a recent graduate Palmer College of Chiropractic in Davenport, Iowa who returned to his home town in Southern California, opening an office.

“After I hung out my shingle, it was clear that I needed to attract a patient base–preferably personal injury, auto accident victims as that’s where the money is and why I am calling you.” Can we discuss my ‘How to get business plan?”

I have always had a great relationship with chiropractors and was happy to help, as Nick needed my advice more than he could ever realize.

The Pay to Play Business Plan

“I have friends who come in contact with auto accident victims, such as ambulance drivers, EMT’s, E.R. nurses, police officers and lawyers. My idea is to give them my business cards and encourage handing them out to these people, telling them that I will help them get better, and a nice insurance settlement.

“Naturally, I will pay very well for these referrals, either per referral or a commission – a percentage of fees I earn on the case. Or, if they did not want to be paid, I could arrange for a great weekend in Las Vegas, a dinner at a nice restaurant, just ways of showing my appreciation for their help.

“Does this make sense?” he asked.

On the Surface it Makes Sense, But….

“Most people, looking at Nick’s business plan would say, ‘Yeah, that seems reasonable. People refer cases to him and he gives them a little something by way of showing appreciation,’ Southern California-based attorney Shawn Steel told me.

“However, what Nick wants to do is clearly illegal,” Steel points out, and he knows, for in addition to practicing law, he has developed a niche specialty, educating chiropractors in laws which apply to them. He is on the faculty of Palmer West Chiropractic College in San Jose California, Life-West Chiropractic College West and Southern California University of Heath Sciences.

Getting Paid for Referrals Violates State and Federal Rules

You can’t turn on the TV without seeing ads for law firms who want your personal injury case. Millions of dollars are spent on television ads by a handful of lawyers – which is a good indication of how valuable auto accident cases are.

Large, personal injury mills have sprung up, taking virtually any case where their client is the innocent party, as the firm will be paid, on average, from 25 to 50 percent of the settlement.

“Today, insurance companies pay very little with minor auto accidents, so these mills are looking for the million dollar case out of thousands of small cases. Very often, their clients are financially worse off for hiring them as they could have done better dealing with the claims adjuster by themselves.

“While these ads do not paint a very good picture of the legal profession–typically a couple of nasty looking lawyers saying, “We’ll fight for you!” what they are doing is legal,” Steel observes.

“But when a lawyer, chiropractor or other health care professional pays to obtain a referral, this violates the law. Technically it is called ‘capping.’

“Also, lawyers are prohibited from hiring non-lawyers to seek out clients. 

“Attorneys sometimes attempt to hire paramedics, police officers, nurses, as ‘runners’ to pass out business cards to people who have recently been in an auto accident. This practice often occurs in the lobby of hospitals!”

Not a Victimless Crime

On the surface I think most people will ask, “So what’s the harm in a little kick back to the person who brought you business?”

Steel agrees that it appears harmless, “But this is not a victimless crime. Paying for personal injury cases means that you are providing an incentive to exaggerate a claim against an insurance company.

“Were it not for the referral to the chiropractor, the person might just go to urgent care, once. But if brought in by a capper, now the chiropractor has to make money off of this patient and it is done through over-treatment. And when M.D.’s are involved, there have been many cases of unnecessary surgeries performed, just because insurance was available.”

Be Good at What You Do, Asking Patients to Refer their Friends

“Patients love their chiropractor,” Steel notes. “The surest way to build your business is by being good at your trade and asking patients to refer their friends. You’ve got to be a good doctor and slowly build your own book of business. Avoid ads. You want referrals from satisfied patients.”

Concluding his advice, Steel underscores the need for chiropractors. “This is an undeserved profession. We need more chiropractors, and as many are retiring, buying an older doctor’s practice can prove to be an excellent way to have a large practice, quickly.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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This is one of the worst flu seasons in many years.

A few days ago, infectious specialist “Dr. M” called from NYU Langone and asked that I discuss the risks to co-workers, when someone with a cold or the flu uses over-the-counter symptom-reducing medicine, goes to work instead of staying home, and spreads the virus.

“Most physicians are upset with television commercials promoting the use of these medications which encourage dangerous behavior that results in making a lot of people ill,” he said, adding, “the flu kills thousands of people every year and these drug companies should be ashamed of themselves.”

Does This Sound Familiar?

We’ve all felt a cold — or something worse — coming on, and thought, “I feel horrible, but there is so much work to do. I can’t stay home!”

So, we reach for that bottle or package of “multi-symptom cold and flu medicine,” gulp down a tablespoon, pretty soon feel a lot better and head off to work.

Yes, ideally we should stay home to protect others, we know that, but somewhere in the back of our mind are those television commercials showing people who get in the swing of things because of the cold medicine, going on a date or out skiing, having dinner with family and friends.

However, a few hours later when the stuff wears off, and we are again coughing, sneezing, and spraying virus everywhere, the boss takes us aside and says, “Go home and do not return until you are better. If you show up sick, you risk termination.”

If you come back the next day, still sick, can this legally be the basis of getting canned?

How should employers deal with these issues?

Cost to Employers

I ran this topic by Southern California labor and employment attorney, Jay Rosenlieb, asking, “When just one employee has a cold, what does this cost the employer?”

“Dennis, most people have no idea. The numbers are staggering. According to the CDC, Harvard Business Review, and Kaiser Permanente:

“The economic losses range from $1,685 to $2,945 per year per employee due to lost productivity from absenteeism, with the overall cost of sick employees in the U.S. reaching hundreds of billions annually due to both absenteeism and “presentism” (working while sick) and having to care for ill children or other family members.

This is broken down into:

Direct costs: Sick leave paid to the employee while they are out ill.

Indirect costs: Reduced productivity when an employee comes to work feeling unwell, spreading illness to co-workers.

Impact on team dynamics: A sick employee can disrupt workflow, requiring colleagues to perform their jobs.

“And that’s just when one person is sick. So, just imagine when that one person still comes to work and spreads virus, causing others to fall ill. The issue must be addressed in a policy that all employees are made aware of and is posted where everyone can read it,” Rosenlieb underscores.

Sample “When you are Sick” Language

Rosenlieb suggested using this language that should be posted in locations where all employees are certain to see it and put in as an envelope stuff with their paychecks.

(1) If you don’t feel well, stay home!

(2) If you are taking medication that suppresses cold symptoms, including fever, coughing, aches and pains, sneezing do not come to work because you are still sick and can make others ill as well.

(3) The fact that you may not be showing symptoms temporarily after taking these medications does not mean you can’t infect other people.

“Most employers,” Rosenlieb points out, “no doubt recall the nationwide guidance issued by OSHA during the COVID-19 pandemic which stated, ‘Regardless of whether it is the common cold, the flu or COVID-19, your temperature has to be normal without having taken Tylenol or aspirin. If you are taking these medications, do not come to work as you are still a risk for other people.”

“The Next time is the Last”

Rosenlieb advises employers to tell “Bob” that he is displaying cold symptoms, has the rest of the day off and to use sick pay, if he has any, and if not, a vacation day, and if not, he will not be paid.

He also must be warned that coming to work sick the next time may very well result in termination, as he is exposing others to the risk of becoming ill.

“It is important to emphasize that the employee would not be terminated because of their illness, rather, because they willfully were exposing others to infection.”

Pharmaceutical Manufacturers

I emailed several pharmaceutical companies that produce these cold and flu remedies asking: “What is your moral justification for the message: ‘Sure, you are sick, but just take our medicine, be selfish, enjoy yourself and don’t worry if you make others ill.'”

It has been weeks and no one has replied.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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 Over the past several weeks I have heard from several readers who have discovered that their parents purchased a timeshare and are now ill with the coronavirus. Some have died. “What happens to their timeshare?” is the question.

“As their heirs, are we still on the hook for all of the yearly fees our parents were paying. They hated the thing and could never get any use out of it,” I’ve heard repeatedly.

Many were prompted to contact me after finding articles I’ve written about these horrible timeshare contracts. But it gets worse, as there is an entire industry–some of which staffed by pure scammers–who are spreading lies about what happens in the event a timeshare owner dies.

Chances are that you have seen television, radio and internet commercials featuring Chuck McDowell, CEO and Founder of Wesley Financial Group, who proudly proclaims having “One goal in mind, helping folks just like you cancel their timeshare contract…(because)  even when you die, your family will be stuck with this burden.”

Not so fast, Chuck.

An Estate Lawyer’s Opinion

I asked Bakersfield estate planning attorney Patrick Jennison for his experience with clients in the same situation as my readers.

“In my experience as an estate planner, perhaps 10% of clients owning a timeshare are happy they own it. The other 90% still suffer from buyer’s remorse years after buying it and feel that the purchase was a significant financial mistake.

“Timeshares are almost never seen by estate planning attorneys and their clients who bought them as valuable.  More than any other asset in an estate, a timeshare is a hideous liability.

“In my over 40 years as an estate planner, when the Buyer/Initial Owner does not see it as a benefit, the party who inherits a timeshare interest will look upon the inheritance as  a pointless liability.  And the inheriting party/heir to that timeshare interest is absolutely correct in their perception.

If Tempted to Accept the Inheritance

Jennison recommends doing the following analysis if anyone stands to inherit a time share:

–Look carefully at the costs to retain the timeshare, including annual maintenance fees and other assessments.

–What is the real benefit you will be getting out of the timeshare?

–If you compare the cost to rent a comparable vacation unit whenever and wherever you want, in almost every situation, this will convince you NOT to accept the interest.

Steps You Must Take to Avoid Inheriting the Timeshare

Jennison points out that, “Merely because you are named in a trust, a will, or if there is no will and a decedents’s property would be distributed according to intestate succession, it does not mean you are forced to accept that gift. This applies to any gift, a timeshare or a dilapidated, condemned house or old clunker of a car. You are not obligated to accept anything given to you. 

“If you do not accept it, either by Disclaimer or merely ignoring and forfeiting the interest, you have no legal, ethical or moral obligation to pay any expenses, including maintenance fees, related to that timeshare interest.

“But whatever you do, do not pay anything to the time share company! Do not use the time share or show any intent to become contractually bound,” he underscores.

“The simple act of submitting to the executor of a will or other personal representative, the trustee of a trust.  a written document stating “I do not accept  (—timeshare interest) and direct that this gift is disclaimed by me and to be treated as if I was deceased without descendants.

“If that is not possible because the interest has simply been transferred to you, advise the timeshare company of the death, that no party has accepted the interest, and the timeshare interest is ‘turned back’ to the timeshare, company/property owner.

Jennison’s advice concludes with this comment:

“My advice, as you might conclude, is do not buy, do not own, do not accept a timeshare, by gift or inheritance.  It is not worth it, even if it is free.”

On Nov. 20, Wesley Financial Group’s Better Business Accreditation was revoked by BBB’s Board of Directors due to “engaging in activities reflecting poorly on the BBB or its members on the Better Business Bureau.”

I went on Wesley Financial’s website, up popped a chat window, and was greeted by Megan, who asked, “How may I help you?”  So, I wrote, “If I own a time share and die will my kids be stuck with it?”  She replied, “Unfortunately, yes.”

It is nice to see that Chuck’s employees are all drinking the Kool-Aid.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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