The American Association For Justice reported on the following
In a story that appears on its front page, the Washington Post (1/28, A1, Layton) reports, "The Georgia peanut plant linked to a salmonella outbreak that has killed eight people and sickened 500 more across the country knowingly shipped out contaminated peanut butter 12 times in the past two years, federal officials said yesterday." FDA officials and "the Centers for Disease Control and Prevention, which have been investigating the outbreak of salmonella illness, said yesterday that Peanut Corporation of America found salmonella in internal tests a dozen times in 2007 and 2008 but sold the products anyway, sometimes after getting a negative finding from a different laboratory."
The AP (1/28, Alonso-Zaldivar) reports, "The Georgia peanut processing plant that's the epicenter of a national salmonella outbreak had a history of problems it failed to correct, federal health officials said Tuesday." Dr. Robert Tauxe of the U.S. Centers for Disease Control and Prevention said, "There is certainly a salmonella problem in the plant."
ABC World News (1/27, story 4, 0:25, Gibson) reported, "Internal records at a Peanut Corporation of America plant in Georgia show the company's own inspectors found a dozen instances of some type of salmonella in their plant over the past two years.
Peanut butter not considered serious risk for salmonella, inspections may have had gaps. The AP (1/28, Brumback) reports, "Food regulators didn't consider salmonella a threat to most peanut products before they traced an outbreak to a peanut butter plant in Georgia two years ago" and "officials in the nation's top peanut-producing state promptly began checking for the bacteria during routine inspections, and everything went fine for about a year." However, "this month, investigators zeroed in on another Georgia plant while probing a second bout of salmonella that began in the fall and has sickened some 500 people in 43 states, and may have contributed to at least eight deaths."
Food testing process described as complex, expensive, and time-consuming. An AP (1/28) report running over 1,000 words looks at the challenges faced by food inspectors, finding a "costly and time-consuming...inspection process...that already suffers from a lack of manpower and transparency, and from uncertainty over how much testing is enough." There is currently "no federal law that mandates the number of inspections that must be carried out each year at peanut processing facilities." The FDA "contracts with states to perform inspections but allows them broad discretion when it comes to how they do them," only asking the states "to base the frequency and nature of inspections on how risky a food is considered, giving priority to high-risk foods." The whole process is "costly," said Mike Doyle of the University of Georgia's Center for Food Safety, adding, "Companies have to be practical about it, as well as making sure they are providing the best possible protection for the consumer."
Family sues for wrongful death over salmonella poisoning. The AP (1/28, Fredrix) reports, "The relatives of a 72-year-old woman whose death may be linked to the widespread peanut butter salmonella outbreak have sued the operators of a Georgia peanut butter plant and an Ohio distributor saying their negligence caused her death." The lawsuit alleges that "her death was a direct result of eating peanut putter infected by a salmonella strain linked to the nationwide outbreak."
Anthony Castelli Cincinnat, Ohio Accident and Injury Lawyer
www.castellilaw
Wednesday, January 28, 2009
Saturday, January 24, 2009
Cincinnati Workers Compensation And Social Security Attorney
The Social Security Administration (SSA) defines disability as incapacity inability to work due to a mental or physical condition. If you are going to claim your Social Security Disability benefits, you must have a legitimate disability, which keeps you from physically returning to work for at term of at least 12 months.
Do you or someone you know need information about Social Security disability eligibility? Contact an attorney in your area to determine your Social Security disability eligibility today!
Some of the more common reasons that you may need to apply for disability include:
Mental health - Bi polar disorder, depression, substance abuse
Chronic Pain - Back injuries, Fibromyalgia, and Carpal Tunnel Syndrome
Vision Impairment - Myopia, Hyperopia
Other problems may include:
Breathing disorders
Heart disease
Blood disease
Kidney disease
If you have been working for an eligible and qualified employer and for the required amount of time, you should be covered under the provisions of the Social Security Act. If you meet these Social Security Disability Eligibility requirements, you should qualify to claim social security disability benefits.
However, even if you have never worked, or have not worked very much you may qualify forr ssi benefits if you have no money and are diabled.
To determine social security disability eligibility, you must have a licensed practicing physician confirm and state that you are medically unable to work based on the supporting facts surrounding your disability. The difficulty is that that there are many conditions which may be disabling yet are hard to prove through objective testing. In these situations, the responsibility and burden of proof falls upon the legal representative of the disabled person to prove to the SSA that his/her client’s case is legitimate and their client has a legal right to social security disability benefits.
Do you or someone you know need information about Social Security disability eligibility? Contact an attorney in your area to determine your Social Security disability eligibility today!
Anthony castelli cincinnati lawyer can help http://www.castellilaw.com/TOCSocialSecurityDisability.html
Do you or someone you know need information about Social Security disability eligibility? Contact an attorney in your area to determine your Social Security disability eligibility today!
Some of the more common reasons that you may need to apply for disability include:
Mental health - Bi polar disorder, depression, substance abuse
Chronic Pain - Back injuries, Fibromyalgia, and Carpal Tunnel Syndrome
Vision Impairment - Myopia, Hyperopia
Other problems may include:
Breathing disorders
Heart disease
Blood disease
Kidney disease
If you have been working for an eligible and qualified employer and for the required amount of time, you should be covered under the provisions of the Social Security Act. If you meet these Social Security Disability Eligibility requirements, you should qualify to claim social security disability benefits.
However, even if you have never worked, or have not worked very much you may qualify forr ssi benefits if you have no money and are diabled.
To determine social security disability eligibility, you must have a licensed practicing physician confirm and state that you are medically unable to work based on the supporting facts surrounding your disability. The difficulty is that that there are many conditions which may be disabling yet are hard to prove through objective testing. In these situations, the responsibility and burden of proof falls upon the legal representative of the disabled person to prove to the SSA that his/her client’s case is legitimate and their client has a legal right to social security disability benefits.
Do you or someone you know need information about Social Security disability eligibility? Contact an attorney in your area to determine your Social Security disability eligibility today!
Anthony castelli cincinnati lawyer can help http://www.castellilaw.com/TOCSocialSecurityDisability.html
Tuesday, January 20, 2009
New Linkedin Group For Ohio Lawyers- The Ohio Lawyers Network
I would like to invite you to join a new group on LinkedIn. It's the Ohio Lawyers Network. The purpose is to provide support, either personally or professionally, to any lawyer licensed to practice law in Ohio. You can ask questions or share information on anything that you need help with or that can be helpful to any member .
You need to sign up to become a member at linkedin.It costs you nothing and membership to the group costs nothing. Then you need to go to groups and search for Ohio Lawyers Network. Then just request to join. We welcome all Ohio lawyers and law students that want to become Ohio Lawyers.
Anthony Castelli Attorney
You need to sign up to become a member at linkedin.It costs you nothing and membership to the group costs nothing. Then you need to go to groups and search for Ohio Lawyers Network. Then just request to join. We welcome all Ohio lawyers and law students that want to become Ohio Lawyers.
Anthony Castelli Attorney
Sunday, January 18, 2009
Ohio Workers Compensation Benefits For Injured Workers
Cincinnati Workers compensation Blog by Cincinnati Attorney
Many times injured workers do not know the full extent of their benefits. Often they want to sue their employer. An employee normally can not sue their employer unless the employer intended to hurt them. However there are many benefits available to the injured worker. But injured workers need to be careful because often no one tells them what benefits they are entitled to.
In Ohio Lawyers can become certified as specialists in Ohio worker's compensation.
Employees can seek the help of these attorneys normally on a contingency fee basis so that they do not have to fight the system by themselves in the dark.
I have listed below the benefits available, in addition to payment of medical bills and prescription medications.
Compensation Types
BWC offers a variety of compensation types. If your claim has been allowed you may qualify for compensation even if you have not lost time from work as a result of your injury. Some of the types of compensation are:
Temporary Total Compensation (TT)
TT compensation is provided to compensate an injured worker who is totally disabled from work on a temporary basis or a short period of time due to the work related injury or occupational disease. TT is generally the initial award of compensation paid to an injured worker to compensate for lost wages. Be careful because they will try to cut you off of this award even if you can not go back to your regular job.
.
Percentage of Permanent Partial Award (%PP)
A certain amount of permanent damage (called residual damage) may remain as a result of the injury. %PP is commonly referred to as C-92 awards and is compensation awarded for residual impairment resulting from an allowed injury or occupational disease according to ORC 4123.57. For example, if an injured worker sustains a broken arm and can no longer extend it to the full degree, he would be eligible for an award based upon the residual loss. The permanent impairment may be physical, psychological or psychiatric.
%PP is not payable for any psychiatric condition(s) unless there is an allowed accompanying medical condition in the claim. C-92/C-92A awards are based on medical information and the findings of the exam/review. The C-92/C-92A determination is supported by an independent exam and the examining physician will not contact the injured worker’s doctor/provider of record for medical information. It is important to note that the initial award for permanent partial can be challenged and increased. The BWC initially only awards the amount their doctor specifies. An attorney specialist can have you evaluated by Doctors wgo specialize in evaluations and can often have this award increased.
Scheduled Loss (SL)
A certain amount of permanent damage (called residual damage) may remain as a result of the injury. A scheduled loss (formerly known as a permanent partial) award encompasses amputations and loss of use, including vision and hearing. A scheduled loss award is based on the loss suffered by the injured worker prior to treatment, not on the injured worker’s condition after treatment.
A scheduled loss award does not have to be requested on a Motion (C-86). A SL award can be requested on the First Report of Injury or identified during the initial claim investigation. Compensation for this type of award is based upon the nature of the injury as well as the year that the injury occurred.
BWC or the self-insuring employer will pay all initial awards of Scheduled Loss (SL) compensation under ORC 4123.57(B) . This includes payment of all scheduled losses (amputations), loss of use, ankylosis, loss of vision and total loss of hearing. These awards are commonly referred to as "Paragraph B" awards.
Permanent Total Disability (PTD)
Permanent Total Disability (PTD) is the injured worker’s inability to perform sustained remunerative employment due to the allowed condition(s) in the claim. The purpose of PTD benefits is to compensate the injured worker for impairment of earning capacity. Compensation for PTD is payable for life. When an injured worker applies for permanent total disability, he/she must attend an Industrial Commission examination and hearing to determine if he/she meets the eligibility criteria for this type of compensation.
Disabled Workers’ Relief Benefits (DWRF)
Disabled Workers’ Relief Fund (DWRF) is a separate supplemental fund established to provide relief to an injured worker who is receiving permanent total disability (PTD) compensation benefits by raising the cost of living level.
Change of Occupation (COA)
Injured workers who have contracted silicosis, coal miners’ pneumoconiosis or asbestosis may be entitled to a change of occupation award according to ORC 4123.57(D). These injured workers have been medically advised that a change of occupation is recommended in order to substantially decrease further exposure to silica dust, asbestos or coal dust.
Firefighters and police officers who have contracted a cardiovascular and pulmonary disease as defined in ORC 4123.68 may be entitled to a change of occupation award according to ORC 4123.57(E). These injured workers have been medically advised to change their occupation in order to substantially decrease further exposure to smoke, toxic gases, chemical fumes and other toxic vapors.
Wage Loss (WL)
Wage Loss compensation may be paid to an injured worker (IW) that suffers a reduction in earnings as a direct result of restrictions from the allowed conditions in the claim. Wage loss is payable in claims with a date of injury or diagnosis on or after Aug. 22, 1986.
Two conditions must be met to be eligible for WL.
A loss or decrease in wages exists.
The wage loss is a direct result of the restrictions caused by the allowed conditions in the claim.
There are two types of wage loss benefits that may be considered in a claim.
Working Wage Loss (WWL)
This is payable when the IW returns to employment other than his or her former position of employment. This would include return to work with the employer of record or a new employer with different job duties, less hours and less pay resulting from the physical restrictions.
Non-Working Wage Loss (NWWL)
This is payable when the IW is unable to find suitable employment. In order to qualify for NWWL the injured worker must demonstrate that he/she is making a good faith effort to secure employment within his/her physical restrictions.
Living Maintenance Wage Loss (LMWL)
LMWL may be paid to an injured worker with a date of injury on or after Aug. 22, 1986. The injured worker must have completed a rehabilitation plan and continues to have physical restrictions and experiences a wage loss upon return to work.
Living Maintenance (LM)
A type of compensation paid to an injured worker while they are actively participating in an approved rehabilitation plan. This section in the MCO Policy Reference Guide information about living maintenance (LM) payments which are provided to the injured worker in place of temporary total compensation when participating in a vocational rehabilitation plan. This information also includes information about suspending and terminating LM. When an injured worker is actively participating in a vocational rehabilitation plan, he or she shall receive living maintenance payments in place of temporary total compensation (OAC 4123-18-04 ).
ORC 4121.63 states that BWC will issue this compensation for a period not to exceed six months in the aggregate, unless BWC’s review reveals the injured worker will benefit by an extension. The CST can issue living maintenance upon receipt of the vocational rehabilitation agreement and plan.
Death Claims
A dependent's right to death benefits does not begin until after the death of the worker. If the decedent settled a workers compensation claim prior to their death, this will not stop the dependent's right to file a claim for death benefits. A death claim is filed by the dependents of an injured worker (IW) who died as a result of an industrial injury or occupational disease. Dependent death benefits will be based on the level of dependency or support each dependent had while the worker was living.
Death benefits can be divided into two categories. The first is when death results instantaneously as a result of an injury. The second is when death is not an instantaneous but a proximate result of an injury or occupational disease.
A managed care organization (MCO) can also report the death due to injury or disease by filing the claim via External Data Interchange (EDI).
Claims alleging that death is the result of an injury or occupational disease must be filed within two years of the date of death according to OAC 4123-3-08(D)(6)and ORC 4123.85.
Violation of Specific Safety Requirement (VSSR)
No employer will violate a specific workplace safety requirement established by legislation or BWC. The injured worker (IW) or dependent, (when there has been a fatality) may file an application for a Violation of Specific Safety Requirements (VSSR) award if there is evidence that a violation has or may have occurred from the failure of the employer to comply with a specific safety requirement. Ohio Constitution Article II 35, ORC4121.47(A), OAC 4123-3-20.
Lump Sum Settlement (LSS)
Per Ohio Revised Code (ORC) 4123.65, a settlement can be initiated only by the injured worker/injured worker representative, employer/employer representative or BWC. The managed care organization (MCO) is not a party to the settlement; therefore, the MCO may not initiate nor advise the IW to settle their case. However, an MCO may identify potential candidates for pursuit of settlement based on treatment patterns/trends.
The Settlement Agreement and Application of Settlement Agreement (C-240) is to be used by the injured worker or employer for the settlement of state fund claims. The purpose of this application is to document the agreement to the terms and conditions of the settlement. If you employer is self-insured, the settlement application should be filed on a SI-42 and be submitted to the SI employer.
If you would like more information in regard to settlements, contact an attorney certified as a specialist in ohio workers Compensation law, so you don't settle cheap.
Lump Sum Advancement (LSA)
A Lump Sum Advancement (LSA) is the prepayment of future compensation. Advancement applications will be reviewed for meeting financial relief and rehabilitation purposes only. Advancements may be requested by injured workers or dependents (in case of death) who are currently receiving Permanent Total Disability, Scheduled Loss or Death Benefits. Lump Sum Advancements may be requested on the following applications: IC-32, IC-32A and OIC-3016.
Requests for financial relief, such as household bills, estimates of emergency repairs or purchases, school tuition, handicap lift installed in an existing or new van, etc. must have supporting documentation attached to the application. Determination of attorney fees remains with the Industrial Commission (IC). All requests for advancement of attorney fees should be forwarded to the IC. After determination, the IC returns the request to the assigned BWC claims service specialist for processing.
by Anthony Castelli Attorney a certified specialst in Ohio Workers Compensation law . For more information go to his web site www.castellilaw.com/Workers-Compensation.html
Many times injured workers do not know the full extent of their benefits. Often they want to sue their employer. An employee normally can not sue their employer unless the employer intended to hurt them. However there are many benefits available to the injured worker. But injured workers need to be careful because often no one tells them what benefits they are entitled to.
In Ohio Lawyers can become certified as specialists in Ohio worker's compensation.
Employees can seek the help of these attorneys normally on a contingency fee basis so that they do not have to fight the system by themselves in the dark.
I have listed below the benefits available, in addition to payment of medical bills and prescription medications.
Compensation Types
BWC offers a variety of compensation types. If your claim has been allowed you may qualify for compensation even if you have not lost time from work as a result of your injury. Some of the types of compensation are:
Temporary Total Compensation (TT)
TT compensation is provided to compensate an injured worker who is totally disabled from work on a temporary basis or a short period of time due to the work related injury or occupational disease. TT is generally the initial award of compensation paid to an injured worker to compensate for lost wages. Be careful because they will try to cut you off of this award even if you can not go back to your regular job.
.
Percentage of Permanent Partial Award (%PP)
A certain amount of permanent damage (called residual damage) may remain as a result of the injury. %PP is commonly referred to as C-92 awards and is compensation awarded for residual impairment resulting from an allowed injury or occupational disease according to ORC 4123.57. For example, if an injured worker sustains a broken arm and can no longer extend it to the full degree, he would be eligible for an award based upon the residual loss. The permanent impairment may be physical, psychological or psychiatric.
%PP is not payable for any psychiatric condition(s) unless there is an allowed accompanying medical condition in the claim. C-92/C-92A awards are based on medical information and the findings of the exam/review. The C-92/C-92A determination is supported by an independent exam and the examining physician will not contact the injured worker’s doctor/provider of record for medical information. It is important to note that the initial award for permanent partial can be challenged and increased. The BWC initially only awards the amount their doctor specifies. An attorney specialist can have you evaluated by Doctors wgo specialize in evaluations and can often have this award increased.
Scheduled Loss (SL)
A certain amount of permanent damage (called residual damage) may remain as a result of the injury. A scheduled loss (formerly known as a permanent partial) award encompasses amputations and loss of use, including vision and hearing. A scheduled loss award is based on the loss suffered by the injured worker prior to treatment, not on the injured worker’s condition after treatment.
A scheduled loss award does not have to be requested on a Motion (C-86). A SL award can be requested on the First Report of Injury or identified during the initial claim investigation. Compensation for this type of award is based upon the nature of the injury as well as the year that the injury occurred.
BWC or the self-insuring employer will pay all initial awards of Scheduled Loss (SL) compensation under ORC 4123.57(B) . This includes payment of all scheduled losses (amputations), loss of use, ankylosis, loss of vision and total loss of hearing. These awards are commonly referred to as "Paragraph B" awards.
Permanent Total Disability (PTD)
Permanent Total Disability (PTD) is the injured worker’s inability to perform sustained remunerative employment due to the allowed condition(s) in the claim. The purpose of PTD benefits is to compensate the injured worker for impairment of earning capacity. Compensation for PTD is payable for life. When an injured worker applies for permanent total disability, he/she must attend an Industrial Commission examination and hearing to determine if he/she meets the eligibility criteria for this type of compensation.
Disabled Workers’ Relief Benefits (DWRF)
Disabled Workers’ Relief Fund (DWRF) is a separate supplemental fund established to provide relief to an injured worker who is receiving permanent total disability (PTD) compensation benefits by raising the cost of living level.
Change of Occupation (COA)
Injured workers who have contracted silicosis, coal miners’ pneumoconiosis or asbestosis may be entitled to a change of occupation award according to ORC 4123.57(D). These injured workers have been medically advised that a change of occupation is recommended in order to substantially decrease further exposure to silica dust, asbestos or coal dust.
Firefighters and police officers who have contracted a cardiovascular and pulmonary disease as defined in ORC 4123.68 may be entitled to a change of occupation award according to ORC 4123.57(E). These injured workers have been medically advised to change their occupation in order to substantially decrease further exposure to smoke, toxic gases, chemical fumes and other toxic vapors.
Wage Loss (WL)
Wage Loss compensation may be paid to an injured worker (IW) that suffers a reduction in earnings as a direct result of restrictions from the allowed conditions in the claim. Wage loss is payable in claims with a date of injury or diagnosis on or after Aug. 22, 1986.
Two conditions must be met to be eligible for WL.
A loss or decrease in wages exists.
The wage loss is a direct result of the restrictions caused by the allowed conditions in the claim.
There are two types of wage loss benefits that may be considered in a claim.
Working Wage Loss (WWL)
This is payable when the IW returns to employment other than his or her former position of employment. This would include return to work with the employer of record or a new employer with different job duties, less hours and less pay resulting from the physical restrictions.
Non-Working Wage Loss (NWWL)
This is payable when the IW is unable to find suitable employment. In order to qualify for NWWL the injured worker must demonstrate that he/she is making a good faith effort to secure employment within his/her physical restrictions.
Living Maintenance Wage Loss (LMWL)
LMWL may be paid to an injured worker with a date of injury on or after Aug. 22, 1986. The injured worker must have completed a rehabilitation plan and continues to have physical restrictions and experiences a wage loss upon return to work.
Living Maintenance (LM)
A type of compensation paid to an injured worker while they are actively participating in an approved rehabilitation plan. This section in the MCO Policy Reference Guide information about living maintenance (LM) payments which are provided to the injured worker in place of temporary total compensation when participating in a vocational rehabilitation plan. This information also includes information about suspending and terminating LM. When an injured worker is actively participating in a vocational rehabilitation plan, he or she shall receive living maintenance payments in place of temporary total compensation (OAC 4123-18-04 ).
ORC 4121.63 states that BWC will issue this compensation for a period not to exceed six months in the aggregate, unless BWC’s review reveals the injured worker will benefit by an extension. The CST can issue living maintenance upon receipt of the vocational rehabilitation agreement and plan.
Death Claims
A dependent's right to death benefits does not begin until after the death of the worker. If the decedent settled a workers compensation claim prior to their death, this will not stop the dependent's right to file a claim for death benefits. A death claim is filed by the dependents of an injured worker (IW) who died as a result of an industrial injury or occupational disease. Dependent death benefits will be based on the level of dependency or support each dependent had while the worker was living.
Death benefits can be divided into two categories. The first is when death results instantaneously as a result of an injury. The second is when death is not an instantaneous but a proximate result of an injury or occupational disease.
A managed care organization (MCO) can also report the death due to injury or disease by filing the claim via External Data Interchange (EDI).
Claims alleging that death is the result of an injury or occupational disease must be filed within two years of the date of death according to OAC 4123-3-08(D)(6)and ORC 4123.85.
Violation of Specific Safety Requirement (VSSR)
No employer will violate a specific workplace safety requirement established by legislation or BWC. The injured worker (IW) or dependent, (when there has been a fatality) may file an application for a Violation of Specific Safety Requirements (VSSR) award if there is evidence that a violation has or may have occurred from the failure of the employer to comply with a specific safety requirement. Ohio Constitution Article II 35, ORC4121.47(A), OAC 4123-3-20.
Lump Sum Settlement (LSS)
Per Ohio Revised Code (ORC) 4123.65, a settlement can be initiated only by the injured worker/injured worker representative, employer/employer representative or BWC. The managed care organization (MCO) is not a party to the settlement; therefore, the MCO may not initiate nor advise the IW to settle their case. However, an MCO may identify potential candidates for pursuit of settlement based on treatment patterns/trends.
The Settlement Agreement and Application of Settlement Agreement (C-240) is to be used by the injured worker or employer for the settlement of state fund claims. The purpose of this application is to document the agreement to the terms and conditions of the settlement. If you employer is self-insured, the settlement application should be filed on a SI-42 and be submitted to the SI employer.
If you would like more information in regard to settlements, contact an attorney certified as a specialist in ohio workers Compensation law, so you don't settle cheap.
Lump Sum Advancement (LSA)
A Lump Sum Advancement (LSA) is the prepayment of future compensation. Advancement applications will be reviewed for meeting financial relief and rehabilitation purposes only. Advancements may be requested by injured workers or dependents (in case of death) who are currently receiving Permanent Total Disability, Scheduled Loss or Death Benefits. Lump Sum Advancements may be requested on the following applications: IC-32, IC-32A and OIC-3016.
Requests for financial relief, such as household bills, estimates of emergency repairs or purchases, school tuition, handicap lift installed in an existing or new van, etc. must have supporting documentation attached to the application. Determination of attorney fees remains with the Industrial Commission (IC). All requests for advancement of attorney fees should be forwarded to the IC. After determination, the IC returns the request to the assigned BWC claims service specialist for processing.
by Anthony Castelli Attorney a certified specialst in Ohio Workers Compensation law . For more information go to his web site www.castellilaw.com/Workers-Compensation.html
Friday, January 16, 2009
Cincinnati Injury & Workers Compensation Attorney Blogs
The Hidden Ohio Workers Compensation Benefit
If you got hurt while working in Ohio you are entitled to workers compensation benefits. Most people know that their bills should be paid and while they are off work they should get paid. But many people do not know about an award that could pay $2000 or more if you have an injury that causes a permanent impairment. Additionally this award can be increased if you know how. Most workers compensation attorneys will know how to get this award and will take their fee only out of the award.
An Ohio workers compensation specialist, certified by the Ohio State bar Association, should be able to tell you if you are entitled to this award. They will also know how to maximize this award.
If you would like further information or like to pursue this award call me at 621-2345 and I'll gladly give you a free consultation to see if I can get you money you are missing out on.
Anthony Castelli certified by the Ohio State bar association as a specialsit in Ohuo workers compensation www.castellilaw.com
http://www.castellilaw.com/blog.html
This post can also be found at cincinnati.com where Anthony Castelli has a blog
If you got hurt while working in Ohio you are entitled to workers compensation benefits. Most people know that their bills should be paid and while they are off work they should get paid. But many people do not know about an award that could pay $2000 or more if you have an injury that causes a permanent impairment. Additionally this award can be increased if you know how. Most workers compensation attorneys will know how to get this award and will take their fee only out of the award.
An Ohio workers compensation specialist, certified by the Ohio State bar Association, should be able to tell you if you are entitled to this award. They will also know how to maximize this award.
If you would like further information or like to pursue this award call me at 621-2345 and I'll gladly give you a free consultation to see if I can get you money you are missing out on.
Anthony Castelli certified by the Ohio State bar association as a specialsit in Ohuo workers compensation www.castellilaw.com
http://www.castellilaw.com/blog.html
This post can also be found at cincinnati.com where Anthony Castelli has a blog
Sunday, January 11, 2009
Great American Insurance Co Not so Great
Great American Insurance Company has given new meaning to the term "smoke screen."
Earlier this week, the Houston Chronicle's Mary Flood reported that the Cincinnati-based insurer asked a federal court judge to help it avoid a potential $25 million liability in a Houston office fire last year that killed three people. Vocational nurse Misty Ann Weaver lit the fire to hide the fact that she hadn't met a paperwork deadline.
Now Great American officials are trying to deny insuring responsibility in the deaths, which isn't as shocking as the legal argument they're trying to employ.
The company argued in a federal court brief that the families of the fire victims shouldn't be compensated for their losses since the deaths were caused by smoke inhalation instead of actual flames. the company argued in a federal court brief.
The smoke, Great American maintains, is really "pollution," which is excluded from coverage in the policy. For the record, the policy's "pollution exclusion" also mentions deaths due to fumes and soot.
The argument is akin to denying a wind damage claim for a house flattened by a hurricane because water lapped up on the porch first. We hear a lot about the unscrupulous doings of plaintiff's attorneys these days. Here's an example of an insurance company seeking to add insult to tragedy.
The fact is, where there's fire, there's smoke. Rick Flanagan, executive assistant chief at the Houston Fire Department, told me at least 80 percent of the city's annual fire deaths are due to smoke inhalation.
And "fire, lightning and debris removal" were the No. 1 causes for homeowners' insured losses nationwide at nearly 35 percent in 2006, the most recent year for which statistics were available from the New York-based Insurance Information Institute. Meanwhile, insured fire losses made up 21 percent of commercial claims in 2007, according to the institute.
In 2004, the Supreme Court of Connecticut ruled that smoke that killed children in a house fire didn't qualify for the "pollution exclusion" and forced Allstate to pay the claim, said Tom Baker, an insurance law expert at the University of Pennsylvania Law School. In that case, however, the word "smoke" wasn't explicitly mentioned in the "pollution exclusion" like it is in the Great American policy, Baker said.
The Kansas Supreme Court came to a similar decision in 1997, ruling that a pollution exclusion in a Northwestern Pacific Indemnity Company policy wouldn't help it avoid liability in fire losses suffered by a group of grocers.
In a brief stemming from that case, a plaintiff's attorney accused NPIC of "unmitigated audacity" to insist on a literal interpretation of the policy. "Do you really believe," the brief states, "someone would buy an insurance policy which covers flame damage, but not damage caused by the smoke generated from a flame?"
Common sense leads you to one answer. Greed leads to another. "In the kind of gladiator idea of litigation, it's anything you can do until the Supreme Court of Texas says you can't," said Baker.
He says property insurance basically originated centuries ago with fire insurance. And the "pollution exclusion" originated after oil spills in the 1970s. It was intended — surprise — to apply to real pollution and, for example, corporations whose actions led to scandalous pollution events.
The temptation to employ it to avoid responsibility was apparently too tempting for some companies. Even Great American, an operation that traces its roots back to 1872, and claims on its Web site to be a "trusted" specialty insurance partner whose employees "are expected to conduct themselves with integrity in a legal, ethical and moral manner."
What's ethical and moral about not honoring fire insurance claims unless the victims literally burn to death? For the sake of every property insurance policyholder in Texas, let's hope it's an argument U.S. District Judge Lee Rosenthal doesn't hesitate to stamp out.
So when you here about lawsuit abuse by folks injured or unscrupulous attorneys, think about what insurance companies , one based right here in Cincinnati , our hometown, are trying to get away with. Carl Linder- you should be ashamed.
By Anthony Castelli www.castellilaw.com Call today for a free consultation
Earlier this week, the Houston Chronicle's Mary Flood reported that the Cincinnati-based insurer asked a federal court judge to help it avoid a potential $25 million liability in a Houston office fire last year that killed three people. Vocational nurse Misty Ann Weaver lit the fire to hide the fact that she hadn't met a paperwork deadline.
Now Great American officials are trying to deny insuring responsibility in the deaths, which isn't as shocking as the legal argument they're trying to employ.
The company argued in a federal court brief that the families of the fire victims shouldn't be compensated for their losses since the deaths were caused by smoke inhalation instead of actual flames. the company argued in a federal court brief.
The smoke, Great American maintains, is really "pollution," which is excluded from coverage in the policy. For the record, the policy's "pollution exclusion" also mentions deaths due to fumes and soot.
The argument is akin to denying a wind damage claim for a house flattened by a hurricane because water lapped up on the porch first. We hear a lot about the unscrupulous doings of plaintiff's attorneys these days. Here's an example of an insurance company seeking to add insult to tragedy.
The fact is, where there's fire, there's smoke. Rick Flanagan, executive assistant chief at the Houston Fire Department, told me at least 80 percent of the city's annual fire deaths are due to smoke inhalation.
And "fire, lightning and debris removal" were the No. 1 causes for homeowners' insured losses nationwide at nearly 35 percent in 2006, the most recent year for which statistics were available from the New York-based Insurance Information Institute. Meanwhile, insured fire losses made up 21 percent of commercial claims in 2007, according to the institute.
In 2004, the Supreme Court of Connecticut ruled that smoke that killed children in a house fire didn't qualify for the "pollution exclusion" and forced Allstate to pay the claim, said Tom Baker, an insurance law expert at the University of Pennsylvania Law School. In that case, however, the word "smoke" wasn't explicitly mentioned in the "pollution exclusion" like it is in the Great American policy, Baker said.
The Kansas Supreme Court came to a similar decision in 1997, ruling that a pollution exclusion in a Northwestern Pacific Indemnity Company policy wouldn't help it avoid liability in fire losses suffered by a group of grocers.
In a brief stemming from that case, a plaintiff's attorney accused NPIC of "unmitigated audacity" to insist on a literal interpretation of the policy. "Do you really believe," the brief states, "someone would buy an insurance policy which covers flame damage, but not damage caused by the smoke generated from a flame?"
Common sense leads you to one answer. Greed leads to another. "In the kind of gladiator idea of litigation, it's anything you can do until the Supreme Court of Texas says you can't," said Baker.
He says property insurance basically originated centuries ago with fire insurance. And the "pollution exclusion" originated after oil spills in the 1970s. It was intended — surprise — to apply to real pollution and, for example, corporations whose actions led to scandalous pollution events.
The temptation to employ it to avoid responsibility was apparently too tempting for some companies. Even Great American, an operation that traces its roots back to 1872, and claims on its Web site to be a "trusted" specialty insurance partner whose employees "are expected to conduct themselves with integrity in a legal, ethical and moral manner."
What's ethical and moral about not honoring fire insurance claims unless the victims literally burn to death? For the sake of every property insurance policyholder in Texas, let's hope it's an argument U.S. District Judge Lee Rosenthal doesn't hesitate to stamp out.
So when you here about lawsuit abuse by folks injured or unscrupulous attorneys, think about what insurance companies , one based right here in Cincinnati , our hometown, are trying to get away with. Carl Linder- you should be ashamed.
By Anthony Castelli www.castellilaw.com Call today for a free consultation
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