A new study published in the September, 2014 edition of the journal “PLOS ONE”, offers further support for the existence of a connection between suffering a brain injury at a young age and a variety of serious problems, including behavioral problems. While studies have long noted a variety of long term consequences, including variations in… Continue Reading
Medicare Set Aside trusts (“MSA”) have been a part of the worker’s compensation world for some time now. However, the issue of whether MSAs are required in the context of 3rd party liability claims remains a bit of an open question. The lack of clear rules on this subject has been a source of complaint… Continue Reading
The closing of Revel and Showboat casinos over the Labor Day weekend will not have an effect on an injured worker who had a valid workers’ compensation claim before the casino closed. In fact, if you were injured while you were working for one of these casinos, and reported the injury but never filed a… Continue Reading
This issue arises more and more in our practice. Insurance companies and self-insured employers frequently schedule these “IME”s during the course of authorized treatment, often while the injured employee is still out of work and receiving temporary disability payments. Sometimes the reason for the exam is quite legitimate. If a worker has sustained a serious… Continue Reading
Under a new law called the “Kulesh, Kubert and Bolis’ Law,” proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when such type of accident occurs from reckless driving. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both. Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both.
I’ve previously shared stories about insurance companies that engage in unfair claims settlement practices in order to avoid paying out on legitimate claims. The bottom line for insurance companies is money. The more claims the insurance company denies, the greater the profit. This is why several insurance companies have developed a reputation for systematically denying claims. Incredibly, some of these companies are proud of their reputation.
Involved in a premises liability claim involving a commercial property? Depending on the facts of your case, you may find yourself subject to a little known immunity provision due to the existence of a “triple net lease”.
The American Bar Association has determined that it is ethical for lawyers to search the internet for publicly available information on citizens called for jury duty — and even jurors in deliberations.
The ABA issued its report in April of this year which states that unless limited by law or court order, a lawyer may review a juror or potential juror “Internet presence” which could even include postings by the juror during a trial. The ABA did state that attorneys are not allowed to communicate directly with the jurors, such as asking to “friend” them on Facebook.
As the popularity and participation in water based recreation increases, the designers, builders and owners of water structures must recognize the potential that the public may intentionally or unintentionally encounter their structures during recreational activities. A review of the current dam safety permitting regulations reveals that most do not require planners, designers or owners to address the potential hazards created by the structure to recreational users of the waterway and surrounding areas. Also, most often absent from these regulations is any requirement that designers and owners create and implement a safety program to reduce the risk to recreational users.
Many members of the general public find themselves closer than ever to seemingly safe and suitable reservoirs and other waterways for recreational activities. As the population density of the United States continues to rise, previously remote waterways and hydraulic structures are now easy to access and are neighbors to residential communities. Reservoirs, waterways and other areas near dams are popular locations for recreational activities. Further, new hydraulic structures which change the character of the waterway may appear to create new opportunities for recreation