Defamation

[Anselaroche]

What is the name of your state? MD

In 1993 I was involved in a well documented accident at work which resulted in me being medically disqualified from the job I was performing. A medical pension was issued through the government agency I was working for. I was married at the time, however, the marriage ended in a divorce some four years later. My ex remarried in 1998. In 1999, after a drawn out custody and divorce settlement, my ex's new wife filed a complaint with the government agency (in retaliation to an increased child support issue in the previous civil case) that I fraudulently obtained this medical disablility. (not a victim or witness to my original injury - in fact, she did not know me at the time of injury) An investigation was inititiated based on her beliefs by the government agency. By August of 1999, my ex voluntarily gave recorded and transcribed statements to the government agency (my former employer) also alleging fraud on my part for the disablility issues. He gave a second recorded and transcribed statement in November of the same year. The goverment investigation continued and I initially had my disability rescinded. The investigation resulted in me having to perform a functional capacity evaluation, of which I not only passed based on my conditions of a spine injury, but as documented, I also received additionally a rotator cuff tear during one of the days of lifting. (The government threatened, in writing, that I would lose my disability benefits if I refused to go to the doctors and testing facilities that they chose to send me to) I complied. After four years of the legal process of Administrative hearings (which I won), Circuit court hearing/review, (which I won), Court of Special Appeals, (which I won) and Court of Appeals (upheld the Court of special appeals decision) to keep my disability benefits, the most obvious note in all the decision is that my ex, who was the only one who testified during the process, was found in ALL decisions to be not credible... (the government's specialist was also found not to be credible based on his contradicting reports) thus, the government's case collapsed upon itself. The case final decision was rendered in December of 2003 from the Court of Appeals. My question is twofold: Is there a statute of limitations for filing a defamation of character case in MD; and secondly would both my ex and his wife be equally responsible in a suit (since she started the original complaint, well documented, but never testified to her original statement) Thank you in advance for your advice. (if you are wondering why I did not address this at the time with my lawyer, I can only say that the entire process was, as you can imagine, debilitating. And, I subsequently had numerous operations, one of which was the rotator cuff and then three levels of spine fusions. I was a tad under the weather to wage any kind of fight over the past three years in reference to my ex and his wife) I possess copies of all court decisions, transcripts of complaints, private investigator reports, medical examination reports, etc. Freedom of information act is a wonderful thing. Thanks again.

 

[BelizeBreeze]

What is the name of your state? MD

In 1993 I was involved in a well documented accident at work which resulted in me being medically disqualified from the job I was performing. A medical pension was issued through the government agency I was working for. I was married at the time, however, the marriage ended in a divorce some four years later. My ex remarried in 1998. In 1999, after a drawn out custody and divorce settlement, my ex's new wife filed a complaint with the government agency (in retaliation to an increased child support issue in the previous civil case) that I fraudulently obtained this medical disablility. (not a victim or witness to my original injury - in fact, she did not know me at the time of injury) An investigation was inititiated based on her beliefs by the government agency. By August of 1999, my ex voluntarily gave recorded and transcribed statements to the government agency (my former employer) also alleging fraud on my part for the disablility issues. He gave a second recorded and transcribed statement in November of the same year. The goverment investigation continued, resulting in me having to perform functional capacity evaluations, of which I not only passed based on my conditions of a spine injury, but as documented, I also received additionally a rotator cuff tear during one of the days of lifting. (The government threatened, in writing, that I would lose my disability benefits if I refused to go to the doctors and testing facilities that they chose to send me to) I complied. After four years of the legal process of Administrative hearings (which I won), Circuit court hearing/review, (which I won), Court of Special Appeals, (which I won) and Court of Appeals (upheld the Court of special appeals decision) to keep my disability benefits, the most obvious note in all the decision is that my ex, who was the only one who testified during the process, was found in ALL decisions to be not credible... thus, the government's case collapsed upon itself. The case final decision was rendered in December of 2003. My question is twofold: Is there a statute of limitations for filing a defamation of character case in MD; and secondly would both my ex and his wife be equally responsible in a suit (since she started it, well documented, but never testified to her original statement) Thank you in advance for your advice. (if you are wondering why I did not address this at the time with my lawyer, I can only say that the entire process was, as you can imagine, debilitating. And, I subsequently had numerous operations, one of which was the rotator cuff and then three levels of spine fusions. I was a tad under the weather to wage any kind of fight over the past three years in reference to my ex and his wife) I possess copies of all court decisions, transcripts of complaints, private investigator reports, medical examination reports, etc. Freedom of information act is a wonderful thing. Thanks again.What is the name of your state?

Your questions are irrelevant. You have no case.

 

[Quaere]

Is there a statute of limitations for filing a defamation of character case in MD; and secondly would both my ex and his wife be equally responsible in a suit (since she started the original complaint, well documented, but never testified to her original statement)

The MD SOL for defamation is one year.

and secondly would both my ex and his wife be equally responsible in a suit (since she started the original complaint, well documented, but never testified to her original statement)

As seen above, it’s too late to pursue anything against these people. Even if the SOL had not run, it is unlikely any defamation claim would succeed.

Statements made in the course of an investigation such as you describe, are usually privileged and privileged statements are not actionable.

To overcome a defense of privilege you would have to prove the defendants knowingly and maliciously made false reports about you.

 

[Anselaroche]

Knowingly/malicious; ex was married to me at the time of the original issue of injury. He benefitted from the same benefits as marital money. He made no complaints then, nor for 5 years. Complaints were made only after a decision in a different civil as mentioned. The investigation was intitiated by him and his new wife's statements - of which his statements alleged I was injured somewhere else, with him present. He named other people to cooberate his story and they did not. I don't believe it could be constrewed as anything other than malicious. But I do appreciate your advice and as you stated it is one year for statute of limitations. Thank you again.

 

[Quaere]

He named other people to cooberate his story and they did not.

Just because he couldn't prove his story, does not mean he is lying. You would have to be able to prove the incident did NOT happen and that he KNEW it didn't happen when he made the report. If he said he THOUGHT it happed, he's covered.

I don't believe it could be constrewed as anything other than malicious

I'll assume he was not stupid enough to make an accusation that could be proven false so don't feel bad about missing your opportunity to pay him back. There was probably nothing you could do anyway.