Snowmobile Accidents

Injured Collegiate Football Player Settles After Concussion Injury
Posted by: Keith Young
January 15, 2010
Topic: Sports Legal News

La Salle University recently agreed to pay $7.5 million to a severely brain-damaged player, an amount five times the school's annual athletic budget.  Preston Plevretes, a sophomore linebacker, was severely injured in a Nov. 5, 2005 game against Duquesne University, six weeks after suffering a concussion during practice. His attorneys argued that the university prematurely cleared him to return without having him undergo proper testing or be seen by a doctor and, as a result, Mr. Plevretes became a victim of  second-impact syndrome. 

This case underscores ongoing concerns and reports about the effects of concussions on football players.  Several NFL players have suffered head injuries this season, and a special committee has been appointed by the league to investigate the problem.  Last year researchers at the Center for the Study of Traumatic Encephalopathy (CSTE) at Boston University School of Medicine released a study about the sixth documented case of chronic traumatic encephalopathy or CTE in former NFL player Tom McHale, who died in 2008 at the age of 45, the youngest case to date.

The CDC's National Center for Injury Prevention and Control reports that there are nearly four million sports-related concussions in the country annually, with an estimated 50 resulting in deaths.

Brain injuries can occur to anyone involved in a traumatic event such as car accident or being hit by a falling object on a work site.  It is critical that a patient see the right doctors and specialists that know how to evaluate and treat these conditions.  From a legal perspective, being hurt by someone else’s negligence that results in a brain injury requires representation from an attorney that knows not only the substantive area of the law of the underlying claim, whether it be a car accident or work related accident, but also knows how to obtain an award or settlement that will compensate the victim for his or her long term care and medical treatment.                

Perhaps if Mr. Plevretes saw the right medical professionals after the first concussion he suffered in practice, he would be living the life he intended to live instead of learning how to function again on a basic human level.     

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Social Security Disability and Social Networking
Posted by: Anna ONeil
January 06, 2010
Topic: Social Security Disability

As we greet a new year it is apparent that one of the most transforming trends of the previous decade is here to stay: online social networking.  While popular online social networking sites such as Facebook, Myspace, and Twitter provide a convenient way to stay in touch with family and friends, Social Security Disability claimants should remain vigilant about the pictures and status updates that are posted on their profiles.  As a claimant for Social Security Disability benefits you want to make absolutely sure that there is nothing on your online profile that contradicts your disability claim or anything within your disability application.   

A status update detailing snorkeling while on vacation or pictures showing a claimant skiing, ice skating etc. can be fatal to a claim depending on your disability.  It is important to remember to make sure that your privacy settings are set to only allow friends and family to view your status updates as well as your pictures.  Also, status updates, tweets, and pictures give a precise date and time of their posting.

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Compassionate Allowances and the Social Security Administration
Posted by: Anna ONeil
December 14, 2009
Topic: Social Security Disability

Anyone that has been through or is currently in the process of applying for Social Security Disability benefits knows first hand how lengthy the process can be.  The average wait for an initial determination can be as long as three months, and in the Central New York area it can take anywhere from twelve to eighteen months to be scheduled for a hearing in front of an administrative law judge. 

In October 2008, Social Security implemented Compassionate Allowances to expedite the processing of claims for individuals that are facing devastating disabilities.  Compassionate Allowances are designed to quickly identify diseases and other medical conditions that qualify under Social Security listing of impairments and therefore provide individuals in these particular situations with an expedited approval process. 

In order to determine which conditions should qualify as a Compassionate Allowance, the Social Security Administration held a series of public outreach hearings.  This gave the public a rare opportunity to have direct input on what types of diseases and disabilities should be considered a Compassionate Allowance.  Additionally, Social Security considered the comments received from the Disability Determination Service, medical, and scientific communities.  Examples of impairments that qualify for the expedited determination process are rare diseases, cancers, traumatic brain injury, stroke, early onset Alzheimer’s disease and other related dementias. 

Most recently, in November 2009, Social Security hosted a public hearing to consider adding schizophrenia to the list of Compassionate Allowances.  The Commissioner of the Social Security Administration, Michael Astrue stated at the hearing, “Schizophrenia is a devastating disease that affects more than two million Americans, primarily individuals in their teens and twenties.  The onset of schizophrenia has life-changing consequences, which can include unemployment and homelessness. This hearing will help us to potentially identify the most severe cases and consider bringing them under our Compassionate Allowances umbrella."

If you think you have a disease or disability that qualifies as a Compassionate Allowance, or have any other sort of impairment that might qualify you for Social Security disability benefits, please give Stanley Law Offices a call at 1-800-372-3760 to speak with a member of our team. 

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Tiger Woods: Above the Law?
Posted by: Keith Young
December 11, 2009
Topic: Sports Legal News

Tiger Woods' recent saga has put a spotlight on several issues, not the least of which is how celebrities and prominent athletes are treated when they are in legal hot water.  Reports began to surface in the week or so after the accident that Woods had been drinking earlier in the evening and was passed out on his driveway when the police showed up.  Moreover, there were reports that Tiger refused a blood test only fueling speculation as to his actual condition that evening.  The Florida State Attorney General’s Office dropped the matter citing lack of evidence and Woods was given a citation, even though the local police department wanted to pursue other charges.

Now, given the same set of facts as above, but replace Tiger Woods with you or me, would we have received the same treatment?  Probably not, but the fact that celebrities and athletes play by a different set of rules is nothing new.  This blogger even heard one talking head opine that adultery revelations would increase his marketability amongst the key demographic of sports viewers, to wit:  25-54 year old men.  There you have it.  Adultery has been wrong for you and I since Moses came down from Mt. Siani, but for Tiger Woods it will help him sell more Gillette razors. 

As always, there is a court of law and a court of public opinion in matters like this one.  OJ is the obvious example of when the court of public opinion has a different verdict than a court of law.  We’ll have to wait and see how the public opinion takes hold as Tiger tries to hit this one back on the fairway.  

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True Fraud in Workers' Compensation System
Posted by: Joseph Stanley
December 02, 2009
Topic: Workers' Compensation

It is not a surprise that there are people who are willing to take advantage of a system designed to benefit those who worked hard and were injured in the course of employment.  The costs associated with fraud on the Worker’s Compensation system cannot be ignored.  A recent crackdown effort by insurance companies has resulted in the arrest of 7 people who committed around $600,000.00 in fraud.  http://ifawebnews.com/2009/10/30/new-york-workers-compensation-arrests-add-up-to-600000-in-fraud/

Workers’ Compensation fraud can result in more than a denial of Workers’ Compensation benefits.  A Utica man was recently caught working as a handyman while collecting Workers’ Comp benefits and now faces up to four years in prison. http://ifawebnews.com/2009/08/12/utica-man-arrested-for-workers-compensation-fraud/.  Whatever amount of money he obtained as a result of his fraudulent behavior is not worth the loss of his integrity, nor the loss of liberty he now faces if convicted. 

His story is unfortunately a sad but common tale, as multiple other people have had their own headlines mere months before (http://ifawebnews.com/2009/07/07/carpenter-nailed-on-insurance-fraud-charges-in-new-york/; http://ifawebnews.com/2009/07/31/workers-comp-fraud-nets-jail-time-probation-for-new-york-man/ ).  When even the teachers to whom we entrust with the health and safety of our children have been known to betray the values that they purport to uphold, it is bound to impact public opinion and the credibility of the Worker’s Compensation system. http://ifawebnews.com/2009/10/08/new-york-teacher-arrested-for-insurance-fraud-for-camp-work/

The common thread here is abuse of the system by individual claimants, but what about abuse of the system by the Workers' Compensation insurance carriers?  When an employee is injured on the job, they should be able to receive the benefits to which they are entitled; yet what happens if those benefits are delayed or denied?  While knowing that an employee has been seriously injured, claims have been delayed or denied by carriers, causing delays in treatment and financial hardships on injured employees.  If insurance carriers knowingly use delaying tactics on legitimate claims, they should be considered as guilty of defrauding the system as any one of the individuals mentioned above.

In a perfect world, injured employees would not have to fight to receive Workers’ Compensation benefits.  Should you be injured on the job and denied benefits that are due to you, do not hesitate to hire an attorney so that you can obtain adequate medical treatment and the lost wages necessary to help your family until you can get back on your feet. 

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