- Pennsylvania Employer Barred From Using Alleged Failed Drug Test in Subsequent Workers’ Comp Case
Posted September 5, 2008, 5:54 pm by Glenn Neiman
In Erisco Industries, Inc. v. Workers' Compensation Appeal Board (Luvine), decided by the Commonwealth Court of Pennsylvania on September 3, 2008, an employer unsuccessfully tried to defend a Claim Petition by saying Claimant failed a drug test and that the drug use led to the work injury. Under the PA Workers' Compensation Act, intoxication of the injured worker can be an "affirmative defense" by the workers' compensation insurance company. This means that the burden is on the workers' comp...
- FEDERAL REGULATIONS IN THE NEAR FUTURE WILL MANDATE TRUCK AND BUS DRIVERS IN SAFETY SENSITIVE POSITIONS TO BE TESTED FOR SLEEP DISORDERS TO DECREASE CRASH RATES AND FATALITIES
Posted September 5, 2008, 1:00 pm by Jeffrey M. Reiff
In the past, I have written much on my blog about the duties owed by common carriers, including but not limited to commercial bus companies and their drivers and trucking companies and their drivers, to the public to make sure that such safety sensitive positions require testing for drugs, alcohol and common sleep disorders. It has been determined that many truck drivers, bus drivers and railroad workers suffer from a disorder known as obstructive sleep apnea that is a major cause of excessive...
- "Long-Term Living in PA" Website
Posted September 5, 2008, 10:30 am
- ANOTHER PENNSYLVANIA SUV DRIVER ACCIDENT AVOIDANCE MANEUVER CAUSES YET ANOTHER SUV TO FLIP OVER SERIOUSLY INJURING A MOTHER AND DAUGHTER IN BUCKS COUNTY, PENNSYLVANIA
Posted September 4, 2008, 5:38 pm by Jeffrey M. Reiff
According to the Bucks County Courier Times, an Upper Makefield woman and her daughter were injured on Monday, August 26, 2008 after their SUV flipped over on Route 1 Superhighway in Middletown, PA. The cause of the accident initially was indicated to be a wicker chair flying off the back of a pickup truck, landing on the highway, causing the Upper Makefield woman to make an emergency accident avoidance maneuver, swerving around the chair, causing her black Suburban to overturn. The driver of...
- Philadelphia Workers Compensation Hearing Office To Reopen December 1, 2008
Posted September 4, 2008, 3:59 pm by Glenn Neiman
In a developing situation we have discussed here back in May 2008, and then again in July 2008, the Philadelphia Workers' Compensation Hearing Office will be moving to a new location. In our July 2008 blog entry, we told you of the new address of the Philadelphia Workers' Comp Hearing Office (110 North 8th Street, Philadelphia, PA 19107). We have now been advised of the date this relocation is scheduled to take place. We have been told that the move to the new Philadelphia Workers' Compensation...
- Rental Insurance Should Be Considered
Posted September 4, 2008, 2:38 pm by Jill Mezyk
In the wake of the recent condominium fire in Conshohocken, Pennsylvania, I read an article on 6abc.com, titled Renters Insurance: Why It's Essential. Prior to purchasing a home, I had lived in numerous apartments and never purchased renters insurance. After reading the article, I realize how ignorant that practice was, and how much I had stood to lose should something unfortunate occur. According to the article the cost of the insurance is approximately $200/year for coverage of $30,000.00. It...
- Prosecutors Given New Guidelines for Investigating White Collar Crime
Posted September 4, 2008, 2:00 pm
On the same day that the United States Court of Appeals upheld the dismissal charges against 13 former KPMG executives due to a finding that their constitutional rights had been violated, the United States Justice Department announced new guidelines for the prosecution of white collar crime. In the KPMG case, federal prosecutors would not allow KPMG to pay the legal fees of its executives. This was just one of the many tactics used in the past by federal prosecutors to compel cooperation from...
- "Genealogy Day" in PA
Posted September 4, 2008, 10:30 am
- BICYCLE RIDERSHIP ON THE UPSWING IN PHILADELPHIA AND SO ARE INJURIES AND FATALITIES - A PHILADELPHIA PERSONAL INJURY ATTORNEY SHARES HIS THOUGHTS
Posted September 3, 2008, 5:41 pm by Jeffrey M. Reiff
This writer has been an active bicyclist for the last 40 years. In the last two weeks, I have been the victim of two separate serious bike accidents causing significant injuries. As the price of fuel continues to rise, more and more Philadelphians are turning towards bicycles as a viable mode of transportation. The City of Philadelphia recently announced a city-wide network of "bike friendly" streets to serve bicyclists as part of a comprehensive program fully recognizing the bicycle as a means...
- A Bird In The Hand--Anticipating The Value Of Carbon Offset Credits
Posted September 3, 2008, 4:40 pm by Shari Shapiro
I read an article a few weeks ago on Europeans snapping up US carbon offset credits on the cheap. See http://earth2tech.com/2008/08/18/us-cap-and-trade-launch-highlights-hurdles/ In short, because the United States does not currently have a mandatory carbon offset program, US carbon offsets purchased on the Chicago Climate Exchange are far cheaper than the mandatory carbon offsets for sale on the European climate market. The theory is, however, that soon the United States will regulate carbon...
- Reinstating in PA Workers’ Comp After Benefits are Terminated
Posted September 3, 2008, 3:16 pm by Glenn Neiman
One of the most difficult burdens an injured worker in Pennsylvania faces is when he or she is trying to reinstate PA workers' compensation benefits after a Workers' Compensation Judge (WCJ) has terminated such benefits. Since the granting of a Termination Petition means that the WCJ has found the claimant fully recovered from the work injury, there is a logical problem to later show the same injured has "recurred." A recent decision by the Commonwealth Court of Pennsylvania, National...
- "Elder Abuse" Websites Warn Personally
Posted September 3, 2008, 3:00 pm
- Former Philadelphia Area Camp Counselor Indicted on Charges of Child Pornography
Posted September 2, 2008, 9:29 pm
A former Friends' Central camp counselor was recently indicted on charges of distributing child pornography. The defendant was under FBI investigation for three months prior to being arrested earlier this month. The FBI used an undercover agent, posing as the mother of a thirteen year old girl, as part of their investigation. In the complaint, it is alleged that the defendant told the agent he had aspirations of becoming a teacher and that his being around little girls would be a "fringe...
- PENNSYLVANIA AND NEW JERSEY BUS ACCIDENTS SPOTLIGHTS THE LACK OF PROPER SAFETY REGULATIONS AND CONCERN FOR PASSENGERS
Posted September 2, 2008, 8:13 pm by Jeffrey M. Reiff
As gas prices continue to rise in Pennsylvania and the rest of the nation, bus and school bus transportation is at an all time high. As a direct consequence of this rise in bus passenger usage is the increase in the number of bus accidents that cause personal injuries and death. Several million individuals will board public transportation and school buses this year. As public transportation by bus becomes a more popular mode of travel, more individuals will be at risk of being involved in a bus...
- School Bus Safety Tips
Posted September 2, 2008, 1:34 pm by Jill Mezyk
Pennsylania school children are starting back to school this week or have already started last week. Consequently, the recurring concern of their safety around school buses is back. MyFox Philly has listed some tips in their recent article, Back To School: School Bus Safety. Some of the more important tips include giving yourself and your child enough time to get to the bus. When you are rushing to the bus, you may not follow all of the safety rules, not to mention your day starts off in a...
- Filing Lawsuits Against Foreign Manufacturers
Posted September 1, 2008, 1:00 pm by Jeffrey M. Reiff
Pennsylvania Product Liability Lawyer Filing Lawsuits Against Foreign Manufacturers Whose Products Injure Local People by Raymond M. Bily, Esquire Foreign manufacturers of defective products can be sued in state or federal courts but doing so sometimes presents special challenges. Foreign auto makers, industrial product manufacturers, and consumer product makers and their intermediaries are not beyond the reach of U.S. courts if they put defective products into the stream of commerce. A...
- USAA Settlement Day a Success for MMK Clients
Posted August 29, 2008, 3:21 pm by Michael Mednick
USAA held a settlement conference day today. I participated in the conference on behalf of three clients of MMK. The clients were all injured in automobile accidents. The conference was a success. We were able to settle all three cases. This is a win-win situation for all involved. The clients received very fair settlements and will get their settlement monies in the near future. USAA wiped three cases off of their inventory and will avoid further litigation costs and attorneys fees. I wish...
- Man Convicted of Sexual Assault in Philadelphia, Extradited to Idaho to Stand Trial on Additional Charges of Rape
Posted August 29, 2008, 2:44 pm
Jeffrey Marsalis, convicted on two-counts of sexual assault by a Philadelphia, Pennsylvania Court of Common Pleas judge last year and sentenced to 10 ½ to 21 years in prison, has been removed from the Forest County Correctional Institution in Pennsylvania and extradited to Blaine County, Idaho to face a third rape trial. Marsalis lived in Philadelphia between 2003 and 2005 where he attended Drexel University. Authorities alleged that during that period, Marsalis drugged and sexually assaulted...
- My Pennsylvania Personal Injury Attorney Reinforced the Value of Hope
Posted August 29, 2008, 1:00 pm by Jeffrey M. Reiff
The dictionary defines "hope" as the belief in a positive outcome relating to the events and circumstances in one's life. Hope implies a certain amount of despair; wanting, wishing, suffering or perseverance, believing that a better or positive outcome is possible even when there is some evidence leading to the contrary. The term "false hope" refers to hope highly based on fantasy or an extremely unlikely outcome. At the law firm of Reiff and Bily, our lawyers understand and respect the value...
- "New Old Age Blog" per New York Times
Posted August 29, 2008, 10:30 am