Essentially, the judges would look for pictures or posts indicating that the applicant was being untruthful about the conditions he or she claimed to suffer from. For example, if an applicant claimed to suffer from a debilitating back injury but posted photos on Facebook of a rock climbing trip, the judge might use the photos as reasoning to deny benefits.
]]> However, last month the Social Security Administration informed its disability-claims judges that they are forbidden from basing their decisions on information gathered from websites. The agency said that not all information posted online is credible, and private information could be exposed by typing in the searches.At least one lawmaker has voiced opposition against the new rule. He claims that the Internet is a tool that judges should be able to use to prevent fraud and weed out undeserving applicants. He argues that even federal courts have based decisions on information gathered from social media websites.
The Social Security Administration's position is that Internet searches should be used by fraud investigators, but not administrative law judges making front-end decisions. Social Security officials say information gleaned from websites simply isn't trustworthy enough for that.
Even with the new rule change, it's wise to be cautious about what you post on the Internet. The basic rule of thumb is this: If you wouldn't want the whole world to see it, don't post it.
Source: The Washington Times, "Web put off-limits to Social Security claims judges," Stephen Dinan, May 3, 2012
]]>It was the worker's third summer with the park service. Park officials said the Vietnam veteran was mowing grass in a 12- to 15-foot-wide area between a wooden guardrail and the cliff when he evidently lost control of the lawnmower and went over the edge.
]]> Investigators with the Occupational Safety and Health Administration are looking into the accident and an investigation team with the Park Service has already completed an investigation. However, officials said it could be months before any findings are announced to the public.Of course, it is possible that the family of the maintenance worker who was killed could bring a wrongful death lawsuit against the National Park Service or other parties if the worker was negligently put in harm's way. Workers' compensation benefits may also be an option for the worker's family.
In the wake of the tragic accident, the National Park Service suspended mowing at nearly all of the nation's 397 parks so that a safety review can be conducted. A park spokesman said that the agency hopes to learn from the accident so that something similar can be prevented from happening in the future.
Each park was reportedly given a safety review checklist that must be completed before mowing can start again. For the larger parks with more area, personnel and equipment, the safety checklist could take weeks to complete, the spokesman explained. However, smaller parks could potentially resume mowing within hours, he said.
Source: ABC 7, "National parks suspend mowing after deadly accident," May 15, 2012
]]>According to reports, the 28-year-old mentally ill man visited the hospital's emergency room on April 17, 2011 for a psychiatric evaluation. When the man became agitated and tried to leave the ER, he was restrained by at least four security personnel, one of whom used a chokehold.
]]> The mother of the mentally ill man reached an out of court settlement with the hospital late last month, but no details have been released.In the other lawsuit, a 28-year-old woman said she was mistreated when she went to the same ER on in October 2011. The woman, who had severe abdominal pain and nausea, said she was denied pain medication after waiting for more than two hours. Frustrated, the woman said she swore at the hospital staff, who then ordered her to be forcibly removed.
The woman said she was waiting outside wrapped in a blanket given to her by another employee when a security guard chased her down and yanked the blanket away. Eventually, the woman was admitted to the hospital, where she stayed for a week getting treatment for polycystic kidney disease.
The woman filed a lawsuit against the hospital seeking at least $20,000 in damages. The current status of that lawsuit is unknown.
Following the lawsuits, the hospital was put in "immediate jeopardy" of losing reimbursements for Medicare or Medicaid patients. The hospital, which has one of the busiest ERs in North Carolina, claims it made policy changes and will continue to evaluate how to better serve its patients.
Source: WRAL, "Fayetteville hospital settles wrongful death claim," May 3, 2012, WRAL, "Lawsuits, regulators question ER care at Fayetteville hospital," Nov. 14, 2012
]]>A report by USAA Property and Casualty Insurance Group, an insurer for military families, revealed that war veterans may have an increased likelihood of causing car accidents in the first six months after returning home from overseas duty. It said troops enlisted in the Army and Marines are especially at risk.
]]> The study found troops to be 13 percent more likely to cause an accident in the six months after returning home than in the six months before being sent home. Experts believe the reason for this could be that troops apply the same driving techniques that kept them alive in battle to roads at home, which causes accidents."Things like obeying traffic signals and coming to a full and complete stop - those aren't good in a war zone," a professor of public health explained. "Moving targets are harder to hit."
The driving records of 158,000 troops who had 171,000 deployments overseas were studied for three years, beginning in January 2007 and ending in 2011. Notably, battle was raging on in the Middle East during this time.
Researchers concluded that the accident rate for Army veterans increased by 23 percent within the first six months of returning home from duty. The accident rate for Marines jumped by 12.5 percent in the same time frame, and the accident rates for Navy and Air Force veterans increased by 3 percent and 2 percent, respectively.
Luckily, the USAA's report did not reveal a heightened risk of fatal accidents among troops back from deployment.
Source: The Los Angeles Times, "Troops back from deployment more likely to cause car accidents," Jerry Hirsch, April 24, 2012
]]>As the woman gallantly fights her terminal illness she is also battling for the rights of the disabled. She has been working tirelessly to change the qualification rules regarding Social Security disability benefits for the chronically ill.
]]> The woman said that after getting cancer, she learned the struggle men and women with serious illnesses and disabling conditions face. Since a surgery two years ago, the woman has been unable to work and has relied on disability payments to get by.However, she quickly discovered that qualifying for SSA benefits often works against the disabled applicant, which is why she is calling for disability determination reform in a petition to Congress. The petition asks for two main changes.
First, the petition requests that the resource limit to qualify for Supplemental Security Income is increase from $2,000 to $20,000. She said that that this increase will prevent applicants from having to liquidate everything they own in order to qualify for benefits.
Second, the petition requests that the credit or work calculator for purposes of determining disability benefits take into account the applicant's entire career history instead of just the last 10 years. She said the current 10-year rule is unfair to people who have been suffering from illnesses for longer than 10 years.
In effort to promote her work, the woman has met with many medical centers and cancer support groups in her area and is currently forming a nonprofit group. In just two years, the woman will be the longest documented survivor of her type of cancer.
Source: Dayton Daily News, "Cancer survivor advocate for disability rights of all," Susan Dalzell, May 2, 2012
]]>Workers' compensation benefits can be awarded to workers who suffer job-related injuries or illnesses to help cover related medical bills and lost wages. Although the rules and regulations regarding worker's comp vary from state to state, here are several tips every worker should know:
]]> 1. It's important to report a work-related injury or illness right away. As soon as you have confirmation from your doctor that an injury or illness is job-related, report it to your manager or human resources department. Make sure that you fill out an return an incident report, which is critical to your claim in most states.2. Let your doctor know that your injury or illness occurred on the job. If you tell your doctor that the injury was job-related, the medical bills could likely be sent to your employer, instead of yourself. It's also a good idea to get a doctor referral from your employer to ensure your bills will be covered.
3. Ask your employer about their workers' compensation coverage. Most but not all employers are required to purchase workers' compensation insurance. Additionally, there are some workers who are not covered by the benefits. Make sure you know your coverage when you accept the job.
4. Know which types of accidents are covered and which aren't. Because workers' comp is no-fault insurance, you are likely covered even following workplace accidents that were your own fault. However, if you were intoxicated, on drugs or engaging in extreme horseplay, you will likely not be covered.
Talk to a workers' compensation expert in your area for more information.
Source: STL Today, "10 Things to Know About Workers' Compensation," Dona DeZube, May 1, 2012
]]>According to Greensboro police, the accident occurred when a man driving a 1993 BMW lost control of his vehicle while traveling east on Friendly. Apparently, the car crossed the centerline and crashed into a 1993 Ford Mustang. The driver of the BMW was killed in the wreck, and two people in the Mustang suffered life-threatening injuries.
]]> Police did not release any additional information on the accident, including whether or not alcohol was a factor in the crash. At this point, no charges have been filed. It is likely that an investigation will take place to determine the exact cause of the accident.Following a serious car accident, medical bills often start to pile up and can seem overwhelming, especially if the accident has left a person unable to work. Usually, an insurance agent will contact the accident victim right away in effort to work out a settlement. However, accident victims should remember that the insurance company is usually never on their side.
It is the goal of the insurance company to settle the case for as little money as possible. Even if the initial offer might seems like a lot of money, it's important to consult with a personal injury attorney who can make sure you get the most out of your claim.
Source: News-Record, "Driver killed, 2 hurt in Friendly Ave. wreck in Greensboro," April 30, 2012
]]>OSHA's job is to protect American workers by creating and enforcing workplace safety rules and regulations. Unfortunately, a new government report suggests that OSHA is not protecting workers as much as it should be. Instead, procedural and political barriers are preventing OSHA from adopting new safety rules.
]]> The report indicated that OSHA can be far too hesitant to implement new safety regulations that could prevent workers from being killed or injured on the job. In fact, 25 percent of the safety rules that have been adopted since 1981 have taken over ten years to complete, with some taking over two decades.It appears that OSHA focuses on certain safety issues and then tables the matter for years while concentrating on other things. For example, workplace exposure to silica dust has been an OSHA concern since 1974 as it is known to cause serious disease and cancer; however, a safety rule is yet to be proposed.
In the 1980s and 1990s, OSHA came out with 47 new safety rules and regulations, but only an additional 11 have been released since then. OSHA officials say it's the procedural requirements that have slowed the agency down so much, in addition to heavy pressure and litigation from business groups.
Hopefully, the necessary action is taken to ensure that the workers in North Carolina and the rest of the country are adequately protected. Every worker should have the right to return home to loved ones at the end of a workday.
Source: Insurance Journal, "OSHA Hit for Taking Too Long to Adopt Workplace Safety Rules," Sam Hananel, April 23, 2012
]]>This is why it is often possible to seek additional compensation in personal injury or wrongful death lawsuits against drunk drivers in the form of punitive damages. Punitive damages are intended to punish the drunk driver for the crime that has been committed.
]]> Recently, it was agreed that two Florida parents would receive $46 million in damages after their 23-year-old son was killed by the founder the International Polo Club Palm Beach in a drunk driving accident. The case made headlines earlier this year when the man adopted his 42-year-old girlfriend in effort to protect his assets in the civil suit.The polo tycoon, who is the heir to an air conditioning fortune, could face up to 30 years in prison after a jury found him guilty of DUI manslaughter and leaving the scene of an accident. However, he has since filed a motion for a new trial citing juror misconduct.
The fatal accident occurred in February 2010 when the multi-millionaire rammed his luxury car into the back of the victim's car, pushing it into a nearby canal. The young man was strapped into the driver's seat and drowned. Police found the polo tycoon had a blood alcohol content of more than twice the legal limit three hours after the crash.
Source: Yahoo News, "Polo Tycoon John Goodman in $46 Million Settlement for DUI Death," Christina NG, April 20, 2012
]]>What's even scarier is that North Carolina ranks second in the nation for teen driving deaths. This is why the Greensboro Fire Department and other groups have devised a plan to teach teens at North Guilford High School the importance of safe driving.
]]> Together with local emergency responders, sheriff's deputies and state troopers, Greensboro fire fighters will deliver an "informative and moving program" in effort to lessen the number of fatal motor vehicle accidents that occur in the area.The program, which will take place on April 23, is also sponsored by the organization VIP for a VIP. This organization is aimed at providing a very dramatic presentation to teens that allows them to experience the real sounds, sights and smells of a fatal accident.
The hope is that after seeing this dramatic presentation and hearing testimony from local safety responders and parents who have lost children in car accidents, the high school students will understand the very real consequences of bad choices behind the wheel.
The program will encourage teens to make good choices behind the wheel such as wearing seatbelts. The risks of bad choices will also be highlighted, including drunk driving, speeding and distracted driving.
Hopefully, after seeing this program, Greensboro teens will think twice before making a bad decision behind the wheel that could cost them their life.
Source: Greensboro News & Record, "Teen driving program at Northern Guilford to warn of dangers," April 18, 2012
]]>But that lawsuit is just one of 11,000 that have been filed against Bayer, the manufacturer of the Yasmin line of birth control pills. The lawsuits, from all over the country, allege that Bayer failed to warn consumers that the drugs could lead to potentially fatal blood clots in women.
]]> Recently, it was reported that a settlement was reached involving around 500 of the claims against Bayer. According to insiders, the settlement was worth $110 million, which amounted to about $220,000 per claim on average.The settlement came right around the time that the U.S. Food and Drug Administration ordered Bayer and other drug companies manufacturing contraceptives like Yazmin that contain the synthetic hormone called drospirenone to provide better warning labels about the risk of blood clots.
Last year, after studying data on more than 835,000 women who took pills containing drospirenone, the FDA concluded that these women were 74 percent more likely to suffer blood clots when compared to women who were taking contraceptives with a low-dose of estrogen.
The blood clots are dangerous as they can cause fatal heart attacks and strokes, health experts say. In fact, between 2004 and 2008, at least 50 deaths have been tied to the drospirenone-containing birth control pills, according to the FDA.
Source: Business Week, "Bayer Said to Pay $110 Million in Yaz Birth-Control Cases," Jeff Freeley, April 13, 2012
]]>Carpal tunnel syndrome and wrist injuries are common among office workers, and can leave a person in a lot of pain. They may also require surgery and time away from work. One of the ways to combat these injuries is to follow proper ergonomics at your computer or desk.
]]> Ergonomics refers to the design of equipment and devices to fit the human body and its movements appropriately, thereby reducing strain and injuries. Over time, the study of ergonomics had made great strides.Recently, a special computer monitor was even developed that can tell if a person is slouching, which can cause eye, back, neck and wrist problems. The monitor has a built-in ErgoSensor that is able to demine if the user is in an ergonomically correct position, and can give the user feedback to correct his or her position.
Additionally, the special monitor has a built-in break reminder that tells the user when it is time to rest his or her eyes to avoid eye strain. This might be a great investment for employers that want to keep their workers healthy.
People who suffer work-related injuries may be entitled to workers' compensation benefits. Workers' compensation benefits are available to employees who are injured on the job, regardless of who is at fault.
Workers' compensation benefits can help cover medical bills and lost wages stemming from the workplace injury. It's important to report a workplace injury right away to management, as most claims must be filed within a certain time period.
Source: The Atlantic, "The Computer Monitor That Can Tell If You're Slouching," April 10, 2012
]]>The woman's 17-year-old daughter died in July 2010 from injuries she sustained in a car accident caused by the drunk driver, who is now serving between 21 and 28 years in prison without a chance at parole. The man had three previous DWI convictions and his North Carolina driver's license had been revoked at the time the fatal accident occurred.
]]> The mother's wrongful death lawsuit blames both the drunk driver and his parents for reckless behavior that led to the death of her daughter. Court papers assert that the drunk driver's conduct was the "proximate cause of the collision and the death of [the young woman], as well as the conscious pain and suffering that she endured prior to her death."The lawsuit alleges that the drunk driver's parents were also reckless by allowing their son to drive their 2007 Jeep, knowing that he did not have a valid driver's license and was addicted to drugs and alcohol. According to court papers, the man's parents had even told his girlfriend that he was "going to kill someone one day" because of his habits.
In the wake of the tragic accident, North Carolina lawmakers passed legislation named after the 17-year-old girl that increases the length of time a person has to spend in prison as well as increases fines and penalties for DWI convictions. The stepped-up law also requires DWI offenders to wear alcohol monitoring bracelets for up to three years.
Source: WBTV, "Mom files lawsuit against repeat DWI driver who killed teen," Chris Dyches, March 28, 2012
]]>Police are still investigating the accident, but it appears that a motorcycle driven by a 71-year-old South Carolina man collided with a motorcycle driven by a 66-year-old North Carolina man and both drivers were killed. The wife of the North Carolina man, who was a passenger on the motorcycle, was severely injured in the accident.
]]> A Willow Spring man who attended the event told reporters that there had been dangerous behavior going on all day at the racetrack. He said that people were taking risks on their motorcycles and he was surprised that the racetrack allowed the behavior to continue.He also said that at times it was hard to maneuver through two-way traffic on the racetrack and many people were not wearing helmets. The 46-year-old, who said he has been riding motorcycles for nearly 30 years, said he did not witness Saturday's fatal crash.
The director of communications for the speedway declined to comment on the accident, citing a police investigation. If what the Willow Spring man said is correct and dangerous behavior was permitted at the track, it is certainly possible that the speedway could face civil liability for the fatal wreck.
Following a fatal accident, the family members of those killed can pursue a wrongful death claim against the parties responsible. Although a damage award from a wrongful death claim can never take away the pain of losing a loved one, it can help secure the family's financial future.
Source: Gainesville Times, "Alto man dies in N.C. speedway crash," Ashley Fielding, April 3, 2012
]]>The accident left the woman unable to walk and without feeling in her body below her collarbone. The woman and her fiancé were forced to postpone their wedding, but the couple eventually tied the knot in July 2011 and the event made national news.
]]> The media has continued to follow the North Carolina woman's progress as she deals with her disabling injury. In her most recent interview with the "Today" show, the woman talked about how it is still possible to be beautiful and confident while being in a wheelchair.The woman said she is not letting being in a wheelchair hold her back; she recently entered into the Ms. Wheelchair Pageant in North Carolina and is planning to travel around to schools to read a children's book aimed at helping kids understand spinal cord injuries.
She has also learned to drive a specially modified van and can stand and walk with the help of special therapy machines at a cutting-edge rehabilitation facility in California. On her own, the woman works hard at improving her upper body strength, which allows her to get around her home more easily in her wheelchair.
The North Carolina woman also said she hopes to someday write a book of her own about her story in effort to reach other women who are in wheelchairs. If there's one thing for certain it's that she truly is an inspiration.
"Her attitude is second to none,'' her physical therapist told NBC News. "If she's not able to perform an exercise, she never gets frustrated. She only wants to know, 'What do we need to work on for me to be successful?'''
Source: MSNBC.com, "Paralyzed bride: 'You can be sexy in a wheelchair'," Scott Stump, March 30, 2012
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