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Personal Injury
- New York state man recovers $200K for fingers lost to lawn mower
- Eight Powerful Reasons to Hire a Local Attorney
- Court Allows Claims For Emotional Distress After Alleged Breach Of Contract To Continue
- Wal-Mart Limits Subrogation Rights Against Workers
- Pennsylvania Worker recovers for fall from ladder bought at Home Depot
Premises Liability: The Slip and Fall
- NYC to pay $2.75M for softball accident in school gym class
- New case law on slilp and fall on icey sidewalks owned by a City
- Worker who lost leg in construction accident receives $13M
- Boy blinded in ATV rollover gets $6M settlement
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
Workers' Compensation
- New York Times article on biased "Independant" Medical Examiners
- No Work Jobs
- Prison Guard receives settlement in MRSA case
- New blog post at the Pa Injury Law blog about the effect Bush had on OSHA
- New post on the Pa Work Injury Law Blog about what to do when you're laid off
Vehicle and Automobile Accidents
- Pennsylvania Car Accident Plaintiff's award of $400,000 Upheld On Appeal
- An unsafe intersection in Athens Township?
- Pennsylvania Superior Court Case Quashing Underinsured Motorist Carrier Appeal
- Pa. Superior Court Allows UIM And Bad Faith To Proceed At Same Time
- People injured in Springfield Township, Bradford County automobile crash
General
- Insurance company denials of benefits in Pennsylvania and New York
- CALL YOUR MEMBER OF CONGRESS AND URGE SUPPORT FOR THE ARBITRATION FAIRNESS ACT OF 2009
- Another ATV Death
- Bradford County, Pennsylvania has a new website
- No conflict of interest between Bradford County, Pennsylvania's new Judge and new District Attorney, despite them cousins
Legal News
Judge campaign candidates speak at dinner in Towanda
Judge Beirne unopposed in local race
Attorney General Tom Corbett to visit Bradford County
Beirne will run for full term as judge
Bradford County Employers Laying Off Workers
Death Benefits Not Mandatory for PA Car Insurance
Bradford County: Judge Beirne presiding
Pennsylvania Senate confirms Beirne as Bradford County judge
Legal Library
Personal Injury
- Questions for Your Doctor In Personal Injury Cases
- Traumatic Brain Injury: By The [Staggering] Numbers
- What is an Independent Medical Examination?
- Common Questions About the Legal Process
- The Wrongful Death Of A Child - Part Two
Premises Liability: The Slip and Fall
- Cracked, Broken or Irregular Sidewalks Causing a Fall
- Dog Bites
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- New Pennsylvania Superior Court Case on Dog Attack
- Lead Poisoning Threatens Pregnant Women
Workers' Compensation
- New York Times article on Independent Medical Exams
- Response to Time Magazine Article: "Doctor's View: Can Health Coverage Cause Pain?"
- Specific Loss Benefits
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases
- Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
Vehicle and Automobile Accidents
- Reducing The Impact of A Whiplash Injury
- Car Accident Injuries: Neck Pain
- Multi-Truck Accident in Susquehanna County Results in Hospitalization
- Repeat Offender Facing DUI Charges After Accident Lands Passenger in Hospital
- Driver Strikes Mother and Daughter in School Crossing Zone
Newsletters
General
Personal Injury
Interactive Guide to Your Body
Here is an interesting Interactive Guide to Your Body from the New York times.
What caught my eye is the section on back pain. You can find it here. Probably the most common injury that we face in our personal injury and workers' compensation cases involve the spine. Therefore, I'm always reading articles and journals on the most updated treatments and studies on the spine and traumatic back spinal injuries in particular. The following passage really stood out for me.
The effectiveness of virtually every pharmaceutical or surgical remedy, however, has been questioned. And for all the money sufferers spend on doctor visits, hospital stays, procedures and drugs, backs are not improving. The Journal of the American Medical Association reported that spending on back treatments jumped 65 percent to nearly $86 billion from 1997 to 2005, after adjusting for inflation. But during the same period, the proportion of people with reduced function because of spine problems increased, even after controlling for an aging population.
The exact cause of back pain is never found in 85 percent of patients, said Dr. Dennis C. Turk, professor of anesthesiology and pain research at the University of Washington and a past president of the American Pain Society. Even magnetic resonance imaging seldom sheds light; in many studies the scans have picked up spinal abnormalities in many people who have never reported back pain.
While the quest for a safe and effective pain pill continues, Americans undergo more than 300,000 spinal fusion surgeries a year, at an average cost of $59,000 each, according to the National Center for Health Statistics. Almost as many undergo laminectomies or diskectomies to remove damaged vertebrae and disks.
For some, back surgery can be life-changing, eliminating pain and disability. But for others, it can have serious consequences. One study found that 11.6 percent of patients in the 78 spinal surgeries that were analyzed developed infections and other complications.
Here's an article from the National Institute of Health on alternative remedies for low back pain (LBP).
Here's an article from Back.com demonstrating, with pictures, exercises and stretching maneuvers that will help with back pain as well as prevent it.
Last, here's an article from a orthopedic surgeon answering questions about his own experience with back pain and how he's dealt with it over the years without surgery. The following caught my eye from the interview:
I try to tell my clients that spine surgery should be the last option. I would say about half of my clients have truly successful outcome from spine surgery. Another quarter have a good outcome but still suffer symptoms. The last quarter have no change in their symptoms or become worse.Q. What kind of patients find their way to a specialist like you?
A. Usually they're at the end of a long road. They may have gone to their local primary care doctor, a physical therapist, another surgeon, various specialists. They may have had surgery, and it hasn't worked. We, the health care system, make it complicated. When your back hurts, it's bad. It can take your breath away and make you totally immobile, and it's scary. In many cases, these are people who've been so taken aback by it. They are seriously looking for help, and they don't want to experience the pain again. And that's understandable, having had the problem myself.
Usually, 95 to 98 percent of the time, it will get better by itself without any intervention. But that's not the American way. We've built an incredible medical structure. People think, "I shouldn't have to suffer for one day -- there must be a pill or surgery that can help me." I agree with how they feel, but certainly there's over a 90 percent chance most people will get better with no intervention. That's an important message. People will say, "Well, what am I supposed to do when I can't walk or go to work?" Well, having surgery is going to keep you out of work. For the common cold, do you expect to see a doctor every time or expect surgery to make you better? Most people know it will take a week to 10 days to feel better.
Why don't we have that same approach to backaches? Stay active. Take aspirin or other over-the-counter drugs.
Premises Liability: The Slip and Fall
Worker who lost leg in construction accident receives $13M
A construction worker whose leg had to be amputated after it was crushed by falling beams recovered a $13 million settlement.In 2005, Timothy McGuire was standing near an 80-foot I-beam on the Harrah's casino construction site in Chester when an aerial boom operator hit the beam, causing a chain reaction of falling beams. They landed on McGuire's right leg, crushing it. After 16 surgeries, his leg ultimately had to be amputated above-the-knee.
McGuire and his wife blamed general contractor T.N. Ward and subcontractors Samuel Grossi & Sons and E&R Erectors, arguing that they failed to ensure workers' safety. The plaintiffs also alleged the beams were improperly stored. Lawsuits against Harrah's Entertainment and Chester Downs were dismissed after the other parties agreed to the settlement. The case was filed in Philadelphia County.
To see the full report on this case, go to VerdictSearch.com.
At C&C Law, we have handled many construction site accidents in both Pennsylvania and New York. See more information on the website relating to construction site accidents here and here.
Worker recovers for fall caused by 'junk brick'
An ironworker whose ankle was crushed by a powerlift after he fell on uneven ground at a brickyard work site recovered $810,315. Roger K. Hepner blamed his fall on "junk brick," which is old, culled brick that's used to cover the ground at a construction site. The plaintiff's construction expert argued that junk brick created an unsafe condition. It's standard for a work site to have gravel because junk brick causes an uneven surface. Defense counsel argued that once Hepner fell, the operator of the lift should have been carefully watching the area and not have run over the Hepner's foot.
Hepner v. Global Glay
Pa. Church Volunteer Who Lost Leg in Accident Awarded $4 Million
From InsuranceJournal.com:
A jury has awarded more than $4 million to a man who lost a leg in an accident while doing volunteer work at his Northampton County church.
Jay Benfield was installing telephone wires at St. John's United Church of Christ in Nazareth when a stack of drywall fell on him on Dec. 26, 2000. He was trapped overnight until workers found him the next day.
His left leg had to be amputated.
The jury deliberated about six hours last Thursday and Friday before announcing the verdict.
Jurors found that one contractor was 70 percent responsible for the accident, another contractor was 20 percent responsible and that Benfield was 10 percent responsible.
***The following is a statement from one of the plaintiff's attorneys, Mark K. Altemose, Esquire, of COHEN & FEELEY of Bethlehem, Pa.:
"My partner, Kelly Rambo, and I would like to thank all of you who expressed congratulations to us on our verdict. It means a great deal to both of us. We truly believe that justice prevailed in the case. Our client is a good man who was willing, from the very beginning--as I told the jury in my opening statement and again in closing--, to accept some responsibility for the accident. The Defendant Construction Manager was being completely unreasonable in denying any liability. The Specifications for the project incorporated a manufacturers' standard that required that drywall be stacked flat. Our experts testified that the purpose of the standard was to prevent this exact type of accident. Nevertheless, the Defendant maintained that stacking it on edge was still safe and that our client was the sole cause of the accident. Fortunately, the jury agreed with our position. Furthermore, the damages awarded were fair and reasonable by any standard of measurement. The jury and our client really deserve the credit.
Hopefully, the Defendant and other contractors who insist on stacking drywall on edge on construction sites will learn from this case so that no other person will endure the needless suffering that our client and his family have endured since this accident and will endure for the remainder of their lives. If so, then this case will be a victory not only for our client, but for PAAJ and all organizations with a similar mission to protect the public at large from needless harm.
You can find contact information for Cohen & Feeley here.Sloppy paint job to blame for worker's slip and fall
Vehicle and Automobile Accidents
Court Holds Police Officer Injured Outside His Cruiser Is A Protected Person
On July 28, 2008, Judge Joyner in the United States District Court for the Eastern District of Pennsylvania Granted the Insured's Motion for Summary Judgment in St. Paul Fire & Marine Insurance Co. v. Rhein. Judge Joyner holds that Rhein was occupying his police vehicle at the time he was injured while conducting a routine traffic stop.
In Rhein, the officer was injured in the course and scope of his employment. He pulled over a speeding vehicle, stopped behind the car with his emergency lights on and exited his cruiser to conduct the stop. At some point during the exchange of information the other driver's car began to roll backward and Rhein's hand became wedged inside the car door causing his injuries. He settled the third party case with the other drivers insurance company and then sought underinsured motorist coverage form the Township insurer which denied coverage arguing that Rhein was not a "protected person" under the policy because he was not "occupying" the cruiser at the time of the accident.
Applying the four (4) part "occupancy" test from the Pennsylvania Supreme Court decision in Utica Mutual Insurance Co. v. Contrisciane, 473 A.3d 1005 (Pa. 1984) the Court holds that Rhein was "occupying" the cruiser at the time of the accident. One of the main issue to the four part test was whether Rhein was "vehicle oriented". The court relies upon Property and Casualty Insurance Co. of Hartford v. Caperilla, 2004 WL 1551739 (E.D. Pa. July 9, 2004) where another officer was injure din a similar manner. Thus, he is a covered and protected person and entitled to the underinsured motorist coverage.
Thanks to Attorney Scott Cooper for this information.
Insured Not Allowed UM/UIM Benefits for Accidents Caused By Co-employee
New Case Law on stacking of uninsurance and underinsurance by Pennsylvania employees
On May 14, 2008 the trial court in Lackawanna County granted the Motion for Summary Judgment of Donegal Mutual Insurance Company in Reeser v. Donegal. In Reeser the insureds injured were employees of the employer who insured the vehicle. There was a 4 car policy that had only 35K UM and UIM coverage and no stacking. However, the company could not produce the forms requesting lower limits or rejecting stacking so the court held as a matter of law that there was 500K in UM and UIM coverage with stacking.
However, the trial court also held that since there was no policy language entitling a class two insured to stack underinsured motorist coverage, that only a class one insured could stack. In this case, only the individual employer and those family members who resided with the employer could stack as class one insureds but the employees who were injured as occupants of the insured vehicles could not. The insureds attempted to argue that since Section 1738 does not distinguish between classes that there was no longer a distinction between class one and class two insureds. The trial court relies upon Section 1702 of the MVFRL and the line of cases from the 1980s starting with Utica Mutual to hold that there is still a class one and class two distinction, absent a policy provision.
This is a very technical case invovling very specific facts and insurance policy language, or lack thereof. However, it is ultimate proof that an attorney must look at every angle in determining the amounts of insurance coverage, etc. Leave no stone unturned.
Workers' Compensation
New York Times article on biased "Independant" Medical Examiners
Recently, The New York Times began putting together a series of articles on the New York State workers’ compensation system. One of the articles printed in the April 1, 2009, edition was entitled “a world of hurt: exams of injured workers fuel mutual mistrust.” The article was written by N.R. Kleinfield and can be seen here.The whole gist of the series is the decline and unfairness of the New York workers’ compensation system. However, this article specifically focuses on the doctors who are used by the insurance companies as so called “independent” medical examiners. As this article proves, these examiners are nothing at all close to being "independent.” As one of the doctors indicated in the article, in order to be certified as an examiner in workers’ compensation cases, “basically, if you haven’t murdered anyone and you have a medical license, you get certified.”
Another aspect of the article talks about the significant disparity between the opinions of the treating physicians and the opinions of these insurance doctors or more commonly referred to as IMEs.
Although this article dealt specifically with the New York State workers’ compensation system, it has been my experience that these insurance company doctors permeate throughout the country. Actually, here at Carroll & Carroll, P.C., we like to refer to them as Defense Medical Examiners or DMEs.
Insurance adjusters know which doctors are favorable to them and which doctors are not. They know it based upon their own experience. Therefore, the doctors who will write an opinion that is favorable to the insurance company more often than the claimant will get more business.
I know some doctors who have their own private practice and actually see patients but also make over a million dollars a year merely doing insurance company work. They obviously know who pays the bills.
Prison Guard receives settlement in MRSA case
COLLEGEVILLE — A borough woman who claimed she contracted a staph infection which caused facial scarring while working as a prison guard at Graterford Prison in 2003 recently settled for $226,000.According to the claim Snyder filed, she woke on Dec. 30, 2003, to find her face significantly swollen for no apparent reason. After consulting her primary health-care provider, she was referred to another doctor who cut her face to drain the swelling. This treatment, which was administered multiple times on multiple areas of Snyder's face, left her with facial scarring.
Schrom said Snyder has had "probably 40 infections that she's had over the course of time," that resulted in "40 separate outbreaks" on her skin.
Snyder's claim indicates she was diagnosed with MRSA on June 28, 2005 by an open wound specialist.
The infectious disease doctor who treated Snyder stated that there was "no question in my mind that Ms. Snyder acquired this bacterial strain while working at the prison," according to Snyder's claim.
Schrom said the prison initially told his client that they did not believe she had MRSA, rather acne.
To see the full story and photos of the facial scarring, go here.
Conveyor's designer pays $1.4M to man whose arm was snared
Pennsylvania Workers' Compensation Judge Book
Just added this link to the Resource section of the website. It's very useful for both attorneys who handle Pennsylvania Workers' Compensation cases as well as injured employees who want to learn more about what happens at workers' compensation hearings.
Check it out here.
General
New post on the Pa Work Injury Law Blog
It's an editorial from the New York Times entitled "The Working Wounded." A good read. See it here.Carpenter recovers nearly $40M for paralyzing work injury
A federal jury awarded nearly $40 million to a carpenter who sustained a paralyzing injury while working at Manhattan's South Ferry Terminal. Liability was not contested in the suit, which stemmed from an August 2006 incident in which Dmitry Okraynets, then 31, was struck by an 800-pound unit of construction forms that fell off of a wall. Okraynets, permanently paraplegic, claimed that a spinal complication could lead to paralysis of his upper limbs. He contended that he will require lifelong assistance and medical care. The jury found that Okraynets' damages totaled $39,706,444, and it also awarded $5 million to Okraynets' wife, for her loss of services.
See a full report on the case at VerdictSearch.com.
Quick Contact
FAQs
Personal Injury
- How long is all this going to take?
- The insurance company offered me a settlement almost immediately after my serious accident. Should I accept it?
- The insurance company says that I don’t need a lawyer to settle this. What do you think?
- What is my case worth?
- What factors determine who is at fault in a car accident?
Workers' Compensation
- What happens if I return to a modified duty job and then I am laid off?
- If I am unable to return to the type of work I did before I was injured, what happens?
- If I am injured on the job can I choose the doctor who treats me?
- Should an injured worker apply for unemployment benefits?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
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