Individuals posing as Medicare program employees have been targeting seniors in Texas, state officials say. Medicare recipients in the state have reported that they have received calls from someone identifying themselves as employees of Medicare. The supposed employee informs the victims that the federal program is in the process of updating Medicare identification cards and requests additional identifying information to issue a new card. The victim is informed that the new card will be needed to continue to receive Medicare benefits. Information the caller requests typically includes the victim's Medicare number, which for many is the same as the victim's Social Security number, as well as bank account information.

"There have been a number of complaints filed with the state attorney general," commented Dallas elder law attorney John Hale. A spokesperson with the Texas Attorney General’s office has advised all Medicare recipients that they should never provide their personal information to an unsolicited caller. If in doubt about the validity of a call, hang up the phone.

A typical unsolicited phone call comes from someone who claims to be with Medicare. They may state that a replacement Medicare card is in the mail and they are making contact to establish a direct deposit account so any Medicare funds can be directly sent to the account. The call will ask for a bank number and Medicare number. But these calls are financial identity theft scams.

This latest Medicare scam originated in 2012 on the east coast and has spread nationwide, now reaching several counties in Texas. Medicare officials confirm that no one from Medicare will be contacting seniors using Medicare to obtain their personal information by phone.

Medicare's policy includes not contacting any beneficiaries unless in direct response to a beneficiary first contacting Medicare. Additionally, Medicare's best practices include not keeping the home phone numbers of seniors in the system or their additional personal information, except for beneficiaries’ Medicare number.

John Hale is a Dallas elder law attorney and Dallas estate planning lawyer with The Hale Law Firm. To learn more visit http://www.thehalelawfirm.com.

The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
Call: 888.425.3911

The legislation, HB 95, would help protect charities from “clawback,” a legal action by which bankruptcy trustees try to recover a debtor's assets from third parties in order to repay creditors or victims. If a charity accepts a donation in good faith, that money would be protected if it is later discovered that the donor was committing fraud.

“The interests of creditors and victims need to be well-represented in bankruptcy law, but clawback can be quite burdensome for many parties, especially nonprofit organizations,” said Tampa bankruptcy attorney O. Reginald Osenton. “Bankruptcy trustees sometimes go too far in their efforts to recover funds for creditors.”

The bill would exempt from clawback any contribution to qualified organizations made more than two years before legal action is taken against the donor. Donations made within that two-year period would still be subject to recovery under the law.

Sen. Nancy Detert, the sponsor of the measure in the Florida Senate, said that large clawbacks can financially cripple charities, especially when they come a long time after the donation, when the money might already be spent. She noted that a Jewish community center in her district was asked to return over $100,000 in one case.

Detert pointed out that con artists often make large donations and attend charitable functions in order to gain the trust of the wealthy investors they target.

Representative Doug Holder, R-Venice, sponsored a companion bill in the House. After passing the House 114-0 and the Senate 35-2, the bill now goes to Gov. Rick Scott.

Sen. Jeremy Ring, D-Margate, voted against the measure. He said that investors lured into Ponzi schemes deserve just as much protection as charities and they deserved to be paid back first.

To learn more or to contact a Brandon bankruptcy attorney or a Brandon divorce attorney, visit http://www.brandonlawoffice.com.

Osenton Law Office, PA
500 Lithia Pinecrest Road
Brandon, Florida 33511
Call: (813) 654-5777

“The timing could not be better for the technology sector,” indicated Larry S. Rifkin, a Miami immigration lawyer and managing partner at Rifkin & Fox-Isicoff, with law offices in Miami, Florida and Orlando, Florida, “particularly if the political powers that be are sincerely working towards a comprehensive immigration reform bill. While that is the latest news out of Washington, it would stand to reason the current party camaraderie may not last when push comes to the shove of actually passing such a bill into law.”

The technology industry has been saying for years that they face a severe shortage of skilled job applicants; this despite others suggesting that those skilled individuals are in the U.S. If they were, they would be working. Since they are not, the industry must go outside the country to find what they need. Given the mess the current immigration system is in, they cannot find what they need and are now ratcheting up their lobby efforts to make their point with the politicians ---- fix it, so we can get skilled workers.

The letter that was sent to the dueling political parties was not signed by thousands of Americans recognizing the need for such reform. It was however, signed by some of the most well known names in the industry; Marissa Mayer of Yahoo, Eric Schmidt of Google and Mark Zuckerberg of Facebook. The letter asks that immigration reform efforts culminate in a resolution to their lack of skilled workers dilemma. They would like the Senate to get off the pot and take action on the Immigration Innovation Act and the Startup Visa Act, largely because the technology sector needs at least 10,000 jobs filled, which are vacant now.

“If the politicians did succeed in passing immigration reform, that actually covers the needs of the technology sector, the way would be clear to hire skilled workers as needed. Let’s hope the powers that be do not miss the one major point here, which is hiring skilled workers would increase the investment in technical education in the U.S. It’s a wheel that keeps on turning; one which has a direct effect on our economy,” added Rifkin.

To learn more or to contact an Orlando immigration attorney or Miami immigration attorney, visit http://www.rifkinfox.com.

Rifkin & Fox-Isicoff, P.A.
1110 Brickell Avenue
Suite 210
Miami, Florida 33131
Toll Free: (866) 681-0202

The professor, Susan Mills, alleges that her position was wrongfully terminated as part of broader staff reductions. Mills, a tenured English professor, was given notice approximately one year ago that her position would be cut, along with 87 other members of the faculty.

The university had claimed that its separation from Texas Southmost College created a need to eliminate positions. However, Mills alleges that the university began hiring instructors in her department and others at the same time that it sought to eliminate Mills and other professors.

“In this case, the plaintiff is seeking injunctive relief, namely the reinstatement of her faculty position,” said Gregory D. Jordan, an Austin employment attorney familiar with the case. “Tenured positions provide protections that many employees do not have,” continued the Austin employment lawyer. “If the University violated Mills’ protected rights, she could also be entitled to recover significant pay.”

The lawsuit names the university itself and three university officials as defendants. The defendants include President Juliet Garcia, Provost Alan Artibise and then-Dean of the College of Liberal Arts, Daniel Heimmermann.

Mills began working for the university in 1992 and became a tenured professor in August 2010, according to the lawsuit. Mills alleges that a Department Review Committee was charged with recommending four faculty members out of 21 for termination. The lawsuit claims that one of the committee members submitted false information that classified another professor as higher than Mills in the university hierarchy.

Mills alleges that Juliet Garcia, the University President, relied on this incorrect information in making the decision to terminate her position. Mills further alleges that she appealed her termination to a university Hearing Committee, which unanimously recommended accepting her appeal. Garcia ignored this advice and imposed the termination, according to the lawsuit.

The lawsuit cites the free speech clause of the First Amendment to the U.S. Constitution and the due process clause of the Fifth Amendment as “protections for the academic community” and asserts that UTB officials were acting under the color of state law when they terminated Mills' employment.

On April 23, U.S. District Judge Andrew S. Hanen denied the plaintiff's request for a temporary restraining order preventing her termination, scheduled for May 31.

The Law Offices of Gregory D. Jordan has handled many business and employment disputes involving non-compete agreements, unfair competition, confidentiality agreements and breaches of contract. To learn more visit, http://www.theaustintriallawyer.com.

Law Offices of Gregory D. Jordan
5608 Parkcrest Drive, Suite 310
Austin, Texas 78731
Call: 512-419-0684

Other Practice Areas offered by the Law Offices of Gregory D. Jordan:

“This is one of those accidents that no one ever wants to see again. The aftermath was complete carnage,” outlined Michael Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. “The worst part is, this type of accident could happen to anyone, anytime, anywhere.”

Consider the case of a 30-year old woman driving at speeds of over 100 mph who was first involved in a hit-and-run accident. She fled the scene, wildly driving all over the place. Her actions caught the attention of a local Sheriff’s deputy, who gave pursuit. However, due to her out of control driving, the pursuit was halted, for fear of someone else being harmed.

What happened next was the woman hit the highway, still speeding. Just as she went to pass a car in the westbound lane, she slammed head-on into an eastbound Grand Am. Her car kept revving, propelling it west, until it rear-ended a Chevy Malibu, shoving it into the eastbound lane into the path of another Chevy Malibu.

“Local dispatch sent out multiple police and fire units to the scene, which looked like something out of a horror movie. Vehicles upside down, one car smoking and several vehicles crumpled up into a pile of twisted metal. The speeding woman was dead at the scene. Another victim, an 18-year-old, was air-lifted to hospital. He died on arrival,” said Smith. Three other victims were also taken to hospital and were treated for non-life-threatening injuries.

The police report subsequently indicated that the woman who caused the car accident was driving a stolen vehicle, and driving with a suspended license. There was no clear indication whether or not the woman had also been driving under the influence of something. The accident reconstruction team would have a better idea of what happened when their investigation was completed.

“Clearly, there was negligence in this instance, and those who survived would have cause to sue the estate of the dead driver for compensation for their injuries. The dead teen’s family would be able to file a wrongful death lawsuit. Even though cases such as this one take a long time to get to court or settlement, they are worth pursuing to find some form of justice,” Smith recommended. No one should try and deal with insurance companies in situations such as this. The main goal of an insurance company is to reduce, mitigate or deny a claim to save money.

Learn more by contacting Arkansas personal injury lawyer Michael Smith at http://www.arkansaslawhelp.com.

Michael Smith
425 W. Capitol Av., Suite 3700
Little Rock, AR 72201
Call: 501.519.4357

A bill has been introduced in Connecticut which would establish a program requiring state and semi-public agencies contracting for goods and services in excess of $100,000 to set aside a percentage of contracts for bids exclusively from disabled veterans who are qualified contractors.

"There are numerous small business construction companies led by qualified disabled vets," remarked Tampa veterans attorney David W. Magann. "This Set-Aside bill is one way to help them prove their work and build their business."

State Sen. L. Scott Frantz (R-36) talked about Senate Bill 384, An Act Creating a Set-Aside Program for Disabled Veteran Contractors, to the General Assembly’s Veterans’ Affairs Committee in February. Sen. Frantz said the bill was designed to help qualified disabled vets as they worked to establish their own businesses and to acknowledge their sacrifices in service of the country.

Franz was supported in the public hearing by vet Dean Chamberlain, who served in the U.S. Army for five years, in the U.S. 4th Infantry Division until he was discharged after a disabling injury while in the line of duty. Chamberlain is now CEO of Mischler Financial Group, Inc., a certified Service Disabled Veterans Business Enterprise (SDVBE).

Executive Order 13360 instructs that at least 3 percent of all contracting business by federal agencies should go to businesses which are owned by service-disabled vets. Agencies are now looking for service-disabled, vet-owned businesses, but have had trouble identifying them in the past, as there is a shortage - not of service-disabled, vet-owned businesses, but businesses clearly identified as such. A push for better visibility through community outreach and education in conjunction with the General Service Administration's Office of Small Business Utilization (OSBU) has helped better identify SDVOBs for federal and quasi-public agencies looking to hire contractors.

The GSA’s commitment to supporting SDVBOs includes the agency pushing for the contracting goal and exceeding it. GSA is attempting to better educate service-disabled veteran-owned business owners so that they know there are federal contract set-asides, a portion of public contracts which are awarded to a small businesses or minorities. Service-disabled veteran-owned business owners are invited to pursue online and on-site small business training and are encouraged to pursue Governmentwide Acquisitions Contracts (GWACs) and PBS Construction and Service Contracts.

To learn more about the Tampa veterans attorney David W. Magann and his law practice, go to http://www.tampaveteranslawyer.com/ or call 813-657-9175.

David W. Magann, P.A.
Main Office:
156 W. Robertson St.
Brandon, FL 33511
Call: (813) 657-9175

Tampa Office:
6107 Memorial Hwy
Tampa, Florida 33615

South Tampa Office:
Bank of Tampa Building
601 Bayshore Blvd Ste 105
Tampa, FL 33606

Senate Bill 718 is most widely known and debated for the fact that it would do away with permanent alimony in Florida. But another important aspect of the legislation is also attracting its share of supporters and detractors. The bill would create a presumption for equal time-sharing by declaring it to be, with limited exceptions, in the best interest of the child.

“Equal time-sharing is often of significant benefit to children of divorce,” commented Zephyrhills divorce attorney Marcie Baker. “However, judges need to consider each case carefully on its own merits.”

Current law specifically states a lack of presumption for or against any child custody schedule. It simply instructs courts to determine all child custody matters with regard to the best interests of the child.

SB 718 would amend section 61.13 of the Florida Statutes to say that equal time-sharing is “in the best interest of the child” unless the court finds any of seven listed exceptions. The exceptions include a parent not requesting at least 50 percent custody, the occurrence of domestic violence, and impracticality of equal custody due to distance between residences.

Notably, SB 718 does not eliminate the language currently in section 61.13 that establishes the absence of presumption for or against any specific custody schedule. Nevertheless, in the context of the section's provision requiring all custody matters to be decided in the child's best interest, SB 718 would appear to create a strong presumption in favor of equal custody.

Opponents of the bill frame its child custody provisions and permanent alimony elimination as similarly “anti-woman.” They see them as two sides of a coin designed to limit payments divorced men must make. Proponents say that it modernizes divorce in Florida and that science is on the side of equal child custody.

Gov. Scott may sign the bill, veto it, or allow it to pass into law without his signature. If the law passes, its provisions will go into effect July 1, 2013.

Marcie Baker is a partner in the firm of Alston & Baker, P. A. To contact a Zephyrhills Social Security lawyer, Zephyrhills accident attorney, or Zephyrhills divorce lawyer, visit http://www.alstonbakerlaw.com.

Alston & Baker, P.A.
5518 Seventh Street
Zephyrhills, Florida 33542
Call: 813-779-8895
Toll-free: 1-888-500-5245
Alston & Baker, an Affiliation of Professional Associations:
The Law Office of Robert C.Alston, Esq., P.A. and
The Law Office of Marcie L. Baker, Esq., P.A.

In the case, Goss v. North Shore Trust & Savings, the petitioner, who was a director of investments, drove to a retail store at the close of business to purchase a rug for her employer's booth at a local business exposition. On the way to the store, she was involved in a car accident and suffered injuries. The commission affirmed the decision of the arbitrator that she was entitled to workers' compensation benefits.

“It is important for injured workers to understand that they may be eligible for workers' compensation benefits even for injuries sustained outside of regular work hours and off work premises,” said Chicago workers' compensation attorney Robert Briskman. “The crucial factor is that the injury must arise out of and in the course of employment.”

The arbitrator in the case found that the nature of the investment director's employment often made it necessary for her to leave the employer's office and travel outside of regular business hours in order to participate in work-related events. In addition, she had been granted discretion to purchase necessary items for such events to promote the interests of the employer. There was no evidence that the director was traveling to the store for any purpose other than to purchase the rug for the employer's booth, and the store was not in the same direction as her residence, so she was not merely stopping by the store on her way home.

According to the arbitrator's decision, affirmed by the IWCC, the director sustained her injuries while she was acting for her employer's benefit and her travel to the store was foreseeable and reasonable in the course of her duties.

Under Illinois law, when an injured worker files a claim with the IWCC, an arbitrator may conduct a trial to decide the case. After the arbitrator has issued a decision, the employer and the employee each have the right to appeal the decision to a three-commissioner panel of the IWCC. The panel reviews the evidence anew.

Robert Briskman is a Chicago workers’ compensation attorney and Chicago workers compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
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This March, the Centers for Medicare and Medicaid Services announced that the Medicare FFS Program (Part A and Part B) is slated for a reduction in payments due to the sequestration order which was recently signed into law. Health care suppliers and providers have been notified that reimbursements for claims that are filed for both dates-of-service and dates-of-discharge starting on April 1, 2013, will now have a 2 percent reduction in the amount that is reimbursed. This will also affect claims for orthotics, prosthetics and other medical supplies.

Legislators had stated that they attempted to protect Medicare from cuts as much as possible: while most programs faced a 7.8 percent cut, Medicare was only hit by 2 percent. But that 2 percent cut has fallen heavily on cancer patients, critics say. Oncologists are not able to change the cost of the drugs they use for cancer treatments in chemotherapy treatments; the 2 percent cut must be taken from overhead costs such as supplying and administering those medications.

Cancer-fighting drugs may cost as much as $15,000; for a clinic, absorbing 2 percent of that cost for every patient, for every course of their multi-course treatment, can be significantly detrimental to their ability to offer those services. The clinics that will likely be able to continue treating patients and meeting their own bills may be forced to cut back on the number of patients they treat. North Shore Hematology Oncology Associates based in Long Island, New York, for example, has just announced that they will no longer be able to treat approximately one-third of the 16,000 patients they have treated who have their care funded by Medicare.

While many Medicare patients who are being turned away by cancer clinics may have to get their treatments met at area hospitals, studies have found that patients pay an average of $650 more each year for cancer treatment when they receive that treatment solely from a hospital. The increased cost, critics point out, may not be affordable to many patients, leaving them with nowhere to turn.

About Littman Krooks
Littman Krooks LLP provides sophisticated legal advice and the high level of expertise ordinarily associated with large law firms along with the personal attention and responsiveness of smaller firms. These ingredients, which are the cornerstone of effective representation and necessary to a successful lawyer/client relationship, have become the foundation of the firm’s success.

Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, special needs planning, special education advocacy, and corporate and securities. Their offices are located at 399 Knollwood Road, White Plains, New York; 655 Third Avenue, New York, New York; and 300 Westage Business Center Drive, Fishkill, New York. For more information about Littman Krooks LLP, visit the website at: www.littmankrooks.com.

New York Contact:
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Littman Krooks LLP
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“It’s extremely troubling to hear about what is happening in other states, like Florida, when it directly affects the rights of medical malpractice victims. For instance, Florida now wants to require a higher burden of proof in medical malpractice lawsuits and would block litigation against hospitals for malpractice if it was committed by individuals who are not employees ---- which would mean most of the doctors,” explained Christopher Mellino, a Cleveland medical malpractice lawyer. “You really have to wonder if politicians ‘get’ what it means to be so badly injured that you need care for the rest of your life. Or if they grasp the concept of injustice as it applies to a medical malpractice victim.”

Florida’s archaic point-of-view on how to handle medical malpractice lawsuits goes against the very grain of what justice is all about. Simply put, if an individual goes to the doctor for something, expecting to be treated appropriately and get better, but instead comes home in a wheelchair, someone must be held responsible for that. Certainly the patient did not do anything to land themselves in a wheelchair.

“If the doctor did something that caused catastrophic injuries, why on earth would they be let off the hook? In Florida, the latest proposal is to also ‘forgive’ nursing home mistakes that cost someone their life. The bottom line is why should doctors get a free pass to make mistakes and then have someone look the other way? If that is the definition of justice, the victim certainly does not see it that way, and neither do hundreds of medical malpractice lawyers,” Mellino added.

Tort reform is one of those issues that no one seems to agree on, particularly if the individual is a politician or medical malpractice insurer. “Neither of these parties seem to grasp what it means to be completely disabled for the rest of your life because a doctor messed up. Neither of these parties seem to understand that the victim then gets worked over twice and left to fend for themselves through no fault of their own. There is something seriously wrong with this picture,” said Mellino.

Rather than shut out victims of medical malpractice by, in essence, branding them with a red letter V, the powers that be need to step up to the plate and take responsibility for their errors. To do anything less perpetrates devastating injustice.

To learn more or to contact a Cleveland medical malpractice attorney, or visit http://www.mellinorobenalt.com.

Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

A bill was recently passed by the Senate and is now before the House which would end the practice of awarding permanent alimony in Florida and would establish a table of alimony formulas for use by the courts going forward.

"This is just the latest in a groundswell of alimony changes across the U.S.," said Denver divorce attorney Bill Thode. "Similar bills are pending in Colorado, Connecticut, New Jersey, and Oregon."

Permanent alimony is considered a holdover from an earlier generation; a marriage would end and the wife, typically under-employed or never employed outside the home, would be awarded lifetime alimony in order to be able to live comfortably after decades of dedication to domestic life. But for men and women not of a certain age, the concept of lifetime alimony is antiquated and unreasonable. Women currently make up 47 percent of the U.S. labor force. New structures regarding alimony payments typically do not last longer than half the length of the marriage and for marriages that last 20 years or longer, the maximum amounts of alimony payouts do not exceed 38 percent of the alimony payer's monthly gross income.

Critics of the Florida bill have expressed concern that the bill would be too "cookie-cutter" and not allow a judge to craft fair results. But advocates of the bill argue that alimony payments originated from English common law on the assumption that a husband was bound to support his wife throughout her life, due to her natural dependence. Alimony should be awarded in a manner which provides for a transition to a new life, but not permanently fund that new life, say advocates. Alimony should be awarded based on need, with established guidelines, and both the amount of the alimony and its length should be determined via an established formula, say reform advocates.

U.S. alimony laws were altered in the 1970s to better reflect need and recognize the growing number of women who could and did support themselves. While most states still allow permanent alimony awards, the terms can be and often are modified.

To contact a Denver divorce attorney, Denver child custody lawyer, or a Denver family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

Thode Law Firm, P.C.
201 Steele Street, Suite 201
Denver, CO 80206
Call: (303) 330-0425

“Some drunk drivers realize the error of their ways, and do something constructive about it. Others, like the one in this case, find more and more creative ways to keep on drinking and driving, and the consequences be darned,” said Austin personal injury attorney Bobby Lee, of Lee, Gober and Reyna in Austin, Texas. “If you can believe this, a 45-year-old man with a prior conviction for DWI, jiggered with his vehicle ignition device, designed to stop drunks from driving, and once he succeeded in circumventing it, he drove anyway. What happened? His lack of common sense resulted in a brutal head-on collision that left one woman in serious condition and facing a long recovery time as a result of her injuries.”

The indicted driver was four sheets to the wind on February 22, 2012, when he decided to disable his ignition control device and go for a ride. Since his judgment was obviously impaired, he was noted traveling at a high rate of speed on the highway, weaving back and forth and drifting over the double yellow traffic lane markers, passing anyone he could. On his second or third attempt to pass others, he pulled out into the path of an oncoming vehicle.
On arrest, the man blew .18 percent, a figure that represents more than half the legal limit. Noting the man had a prior conviction for DWI, the police charged him with reckless driving, first-degree vehicular assault, aggravated vehicular assault, felony DWI, first-degree assault, felony aggravated DWI, and first-degree aggravated unlicensed operation of a motor vehicle.

“It doesn’t get much worse than this,” added Lee, “and the man may well spend a long time behind bars. Whether or not the family will file a personal injury lawsuit to claim compensation for the woman’s injuries is not clear. However, they would most definitely have a solid case. There is more than just negligence here and the case speaks for itself. We take DWI plaintiff cases seriously, and if you have been in a situation like this, make an appointment for your free consultation. We can certainly assist you in obtaining compensation.”

To learn more, visit Austin personal injury lawyer and http://www.rwleelaw.com.

Lee, Gober and Reyna
11940 Jollyville Road, Suite 220-S
Austin, Texas 78759
Phone: 512.478.8080

The explosion on April 17, 2013, occurred at a facility owned by the West Fertilizer Company in West, Texas that was used for the storage and distribution of fertilizers. The building caught fire, then exploded as firefighters tried to extinguish the flames. The cause of the fire remains unknown.

“Fertilizers are quite hazardous and require very stringent safety protocols in their handling and storage,” said David Lietz, a Washington, D.C. personal injury lawyer who specializes in industrial accidents. “Depending on what investigators discover, West Fertilizer Company could face an array of lawsuits.”

Even several days after the accident, the count of deaths and injuries had yet to be finalized, and some people were still missing. At least 150 buildings were damaged or destroyed, including a nursing home, a middle school, and an apartment complex.

Two lawsuits have already been filed in McLennan County district court. One suit, filed by insurance companies on behalf of a group of individuals and businesses, claims Adair Grain, Inc. – the parent company of West Fertilizer Company – was negligent in the operation of the plant, which led to the fire and subsequent explosion. That lawsuit does not yet list demands for damages

The other lawsuit, filed by Andrea Jones Gutierrez, seeks between $500,000 and $1 million in damages. Gutierrez lived near the plant in an apartment building that was destroyed by the blast. Her lawsuit claims she suffered unspecified physical and emotional injuries, in addition to losing all her possessions.

“Other possible targets for lawsuits are the manufacturers of the fertilizers stored at the plant and the companies that transported them there,” added Lietz. “Investigators will need to determine whether the chemicals were manufactured and handled properly.”

According to a New York Times report, records at the Occupational Safety and Health Administration (OSHA) show the plant was last inspected 28 years ago. That inspection uncovered five “serious” violations including improper handling and storage of anhydrous ammonia. The plant stored 110,000 pounds of anhydrous ammonia and 540,000 pounds of ammonium nitrate in late 2012 according to a report West Fertilizer made to the EPA at that time.

The Lietz Law Firm
888 16th Street NW
Suite 800
Washington, DC 20006
Call: 202.349.9869

SB 1384, sponsored by Senator Bill Galvano, R-Bradenton, was approved by the Senate Judiciary Committee on a 7-2 vote. The bill would affect plaintiffs seeking to recover punitive damages from nursing homes. They would have to establish at an evidentiary hearing that the nursing home breached its legal duty, resulting in actual injury, loss, or damage.

“While some lawsuits brought against nursing homes, as in any field of practice, may be frivolous or unfounded, I think this bill is a misguided attempt at reform,” said Tampa nursing home abuse lawyer Robert Joyce. “If this bill becomes law, some perfectly valid and necessary lawsuits may be held up or even prevented from proceeding.”

Under current law, plaintiffs must present evidence at a pre-trial hearing, but need not prove that it is admissible. This presentation of evidence is called a “proffer.” Galvano's bill would require a stricter hearing to vet the plaintiff's evidence and would require the presiding judge to grant permission to seek punitive damages.

Galvano said that his bill prevents proffers on what may turn out to be inadmissible evidence or hearsay.

Before passing committee, the bill was significantly amended to remove a provision that made it more difficult to sue a nursing home's parent company. Galvano said that in the spirit of compromise, he would not oppose the change.

The bill now concerns only punitive damages. Opponents say it still goes too far because a 2001 law set the bar too high already. That change requires 50 percent of punitive damages awarded against nursing homes to go to a state “quality trust fund.” Steve Watrel, an attorney in Jacksonville who opposes Galvano's bill, said the change was a disincentive to punitive damage claims, and no such claims have been awarded since it was enacted.

Other opponents who urged lawmakers to reject the bill included the AARP and the Florida Alliance for Retired Americans.

Two more committees must approve the bill before the full Senate can vote on it. Its House companion bill is HB 869.

To learn more or to contact a Tampa personal injury attorney at the Joyce & Reyes Law Firm, P.A. visit http://www.joyceandreyespa.com/ or call 1.888.771.1529.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave,
Tampa, FL 33606
Call: 813.251.2007

“This case had some serious loose ends, and the family, worried that this type of accident may happen to other workers at the same facility, opted to file a wrongful death lawsuit,” explained Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

The young man involved in this case was only 20-years-old when he died at work, his head allegedly crushed by a wave generator he was working on. The family has filed court documents demanding answers for his sudden and inexplicable death at a job he had only been at for a few months. The results of the young man’s autopsy indicated he met his death as a result of severe face and head trauma. The family wants access to the maintenance logs and blue prints for the wave generator, evidence in relation to the accident, in particular video surveillance footage, and information dealing with the make, design, sale and installation of the generator in the water park.

According to police reports, the 20-year-old man and a 27-year-old colleague were working on the wave pool, with the mechanical door hanging overhead. Without warning, the heavy door slammed down, pinning the older employee and crushing the younger man’s head. Although he made it to hospital alive, he died two days later. The accident report did not make clear if there had been a mechanical failure of the overhead door or of the paddles that generated the waves. “This is one reason why the family’s attorney would be asking for blue prints and log books for the equipment,” explained Schuelke.

On the face of the evidence, this could be deemed to be a freak accident. Depending on what the maintenance logs reveal, and how the equipment was installed and maintained, this could be negligence in the form of improper maintenance, and improper training for workers to fix the machine.
“While the information and the lawsuit will not bring this young man back, it may send a message to the water park owners that they ‘must’ maintain a safe workplace for their employees, and part of that means properly and regularly maintaining park equipment,” added Schuelke. The lawsuit may also prevent anyone else from being hurt or killed in a similar manner.

To learn more or to contact an Austin personal injury attorney or Austin injury lawyer, visit http://www.civtrial.com.

Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944

“These days, no matter what news comes out of Washington, one has to regard it with a jaundiced eye. This is due to the fact that traditionally, Republicans and Democrats have a long history of not getting along. Certainly, we all know how they did not agree on how immigration reform should be handled. Mostly, the perfect storm of avoidance delayed reform until now ---- maybe,” added Larry S. Rifkin, a Miami immigration lawyer and managing partner at Rifkin & Fox-Isicoff, with law offices in Miami, Florida and Orlando, Florida.

It was ever thus that two different political parties would not agree on much of anything. Now, since the election shakeup, bipartisan efforts are the order of the day for immigration reform. However, there is still a mountain of issues to tackle when it comes to this subject. The interesting thing in this grand and vitriolic debate is that most Americans do not realize the current immigration system has stagnated since 1965. “It’s time to get with the program and make changes,” added Rifkin. “You just can’t stick with a 1965 status quo and have it work.”

Americans also do not grasp that immigration reform is about creating more jobs. However, more jobs cannot be created if recruiters outside the U.S. snag the brightest American trained talent. “This is the main point the technology sector is making,” Rifkin pointed out. STEM (science, technology, engineering and math) fields are growing and expanding rapidly, and the demand for skilled workers is at an all time, and likely continuing, high.

A stalled technological sector does not help improve the U.S. economy. If fact, it sets it back. More than 25 percent of America’s technology firms indicate they cannot find and hire STEM graduates. Additionally, the number of Americans studying in these areas is not growing as rapidly as it should ---- inching up by only 1 percent a year. Recent statistics show that if every American with a STEM degree did get a job, the nation would still have a dearth of 200,000 jobs by 2018.

“While those figures might not ring a bell with anyone, it should be noted that for every approximately 100 immigrants with STEM degrees garnered in the U.S., with the graduate staying to work here, another 262 jobs are created. Do the math. The outcome for the economy could be phenomenal. It’s time to deal with immigration reform and put our economy back on track,” suggested Rikfin.

To learn more or to contact an Orlando immigration attorney or Miami immigration attorney, visit http://www.rifkinfox.com.

Rifkin & Fox-Isicoff, P.A.
1110 Brickell Avenue
Suite 210
Miami, Florida 33131
Toll Free: (866) 681-0202

While Regular Medicaid in New York offers extensive health care services including: dental care; diagnostic testing; home care; hospitalization; mental health support; out-patient care at hospitals and community clinics; and physical therapy, clients of Medicaid in New York must receive their prescription drugs via Medicare Part D.

Any individual currently receiving or about to begin receiving New York State Medicaid must join a Medicare prescription drug plan, or they will lose their Medicaid benefits. When an individual becomes eligible for both Medicare and Medicaid, they are automatically assigned to a Medicare Prescription Drug Plan in order to not miss even one day of coverage.

Though a prescription drug plan is mandatory, enrollment in Medicare Part D is not; enrollment in another plan which better meets prescription drug needs is allowed. Patients are able to switch to another plan at any time.

Typically, as part of Medicare Plan D, the patient must pay a nominal amount, like a copayment, for the medication. Individuals who have full coverage from Medicaid while living in a residential home, an adult living or assisted living facility will likely be required to pay a small medication copayment for each medication. If an individual has full Medicaid coverage and resides in a nursing home, they will not be required to pay anything for covered prescription drugs.

Medicare's State Pharmacy Assistance Program (SPAP) for prescription drug coverage is determined by each state. New York State's Medicare's SPAP may determine that a patient should receive additional coverage when they join the Medicare Prescription Drug Plan, or may require the patient to enroll in a separate state program for prescription payment assistance. 

Clients of New York Regular Medicaid must receive health care services through their managed care plan. Regular Medicaid in New York is available to single adults, childless couples at lower income levels, caretaker adults, the elderly, the disabled, and children, subject to some restrictions. Regular Medicaid may also provide retroactive coverage.

About Littman Krooks
Littman Krooks LLP provides sophisticated legal advice and the high level of expertise ordinarily associated with large law firms along with the personal attention and responsiveness of smaller firms. These ingredients, which are the cornerstone of effective representation and necessary to a successful lawyer/client relationship, have become the foundation of the firm’s success.

Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, special needs planning, special education advocacy, and corporate and securities. Their offices are located at 399 Knollwood Road, White Plains, New York; 655 Third Avenue, New York, New York; and 300 Westage Business Center Drive, Fishkill, New York. For more information about Littman Krooks LLP, visit the website at: www.littmankrooks.com.

New York Contact:
Maria M. Brill
Littman Krooks LLP
(914) 684-2100
mbrill@littmankrooks.com

New York City Office
655 Third Avenue, 20th Floor
New York, New York 10017
(212) 490-2020 Phone

Westchester Office
399 Knollwood Road
White Plains, New York 10603
(914) 684-2100 Phone

Dutchess Office
300 Westage Business Center Drive, Suite 400
Fishkill, NY 12524
(845) 896-1106 Phone

A charter bus bound for Oklahoma overturned on a Dallas turnpike on April 12. Witnesses stated that the bus went off the road on the right shoulder, slammed against a barrier, then over corrected to the left across several lanes of traffic and hit a concrete median. The bus then rode over the concrete barrier, flipped on its right side and came to rest. What caused the accident has yet to be determined; investigators are examining physical evidence in the area and inspecting the vehicle, and have reported that they expect the investigation to be a lengthy one.

"The latest report is that the driver was previously investigated for a prior accident," stated Waxahachie personal injury attorney John Hale. "That certainly may raise a red flag."

Loyd Rieve, 65, was driving a bus in 1998 when he ran over or hit a man who was offering aid at the scene of another accident. After an investigation, the grand jury declined to pursue a charge of criminally negligent homicide, but Rieve later faced several civil suits.

The charter bus carrying 33 passengers and the driver, Rieve, was on the President George Bush Turnpike in Irving, headed to a casino in Oklahoma, when it flipped. Rescuers were able to assist all passengers out of the bus; 16 people were rushed to the hospital in critical condition, and two people died. The charter bus landed on its right side, on the exit doors; passengers had to push open windows and use them to exit the bus, or climb out the hatches on the roof. Witness reported that at least two people were pinned under the overturned bus.

According to a study conducted in 2009, approximately 221 fatal bus accidents happen per year. Even though traveling by bus is vastly safer than driving by car, according to traffic statistics, the number of accidents involving buses is growing and of concern to the Federal Motor Carrier Administration (FMCA). The FMCA has determined that most bus crashes happen due to driver negligence: 15 out of 19 bus accidents examined were determined to be the driver's fault. Fault may have occurred due to driver fatigue, excess speed, driving too fast for the prevailing weather conditions, driving which included abrupt lane changes and veering off the road.

John Hale is a Waxahachie personal injury lawyer and Ellis County personal injury lawyer helping injury victims near Dallas, Texas. Learn more at The Hale Law Firm

The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
Call: 888.425.3911

The National Insurance Crime Bureau (NICB) conducted an analysis of staged accidents occurring from 2007 to 2009 nationwide. According to the report, Florida was the top state for staged accidents during that period, at 3,006. Second place went to New York, with just over half that number.

“Florida, unfortunately, is home to a great deal of insurance fraud, but local measures are improving the situation,” commented Zephyrhills accident attorney Robert Alston.

The report also listed the five top cities in staged accidents. Florida claimed spots two through four, with Tampa, Miami, and Orlando, respectively.

Hillsborough County has had some success in implementing local reform. Following the NICB report putting Tampa second in the nation in staged accidents, Hillsborough County Commissioner Kevin Beckner went after allegedly fraudulent clinics that received the vast majority of their revenue from Personal Injury Protection (PIP) insurers.

With help from county attorneys, detectives, and the NICB, Beckner sponsored a county ordinance targeting clinics that received over 90 percent or $200,000 in gross income from PIP payouts. The ordinance requires such clinics to obtain a license from the county and identify and provide background information on all employees, including a managing physician.

Later, the NICB reported that questionable claims on PIP insurance in Hillsborough County had dropped to near zero. Writing in the Tampa Bay Times, Beckner said that 79 suspected fraudulent clinics closed within a month of the ordinance's passage. He encouraged other counties to adopt similar measures.

The goal of no-fault insurance systems like Florida's Personal Injury Protection (PIP) system is to lower the cost of insurance by avoiding the expensive litigation necessary to determine blame for an accident. No-fault therefore results in much quicker payments for injuries.

PIP was implemented in Florida in the 1970s as a way to combat auto insurance fraud. Unfortunately, fraud continued to grow. A number of reforms have been made to the law over the decades, including very significant and controversial changes in 2012.

Those changes made acupuncturists and massage therapists ineligible to receive PIP payments for treatment of injuries and limited “non-emergency” injuries to $2,500 of PIP coverage. A recent court ruling placed a temporary block on the 2012 PIP reform, a decision state insurance officials are appealing.

Robert Alston is a partner in the firm of Alston & Baker, P. A. To contact a Zephyrhills Social Security lawyer, Zephyrhills accident attorney, or Zephyrhills divorce lawyer, visit http://www.alstonbakerlaw.com.

Alston & Baker, P.A.
5518 Seventh Street
Zephyrhills, Florida 33542
Call: 813-779-8895
Toll-free: 1-888-500-5245
Alston & Baker, an Affiliation of Professional Associations:
The Law Office of Robert C.Alston, Esq., P.A. and
The Law Office of Marcie L. Baker, Esq., P.A.

Managed care companies offer comprehensive care for low-income seniors and people with disabilities for a fixed monthly rate. The program to be adopted in California is MediConnect and it is designed to cover individuals with extensive levels of care and is covered by benefits from both Medi-Cal, California’s version of the federal Medicaid program, and Medicare.

"During the next 12-plus months, it is estimated that approximately 456,000 people will be enrolled in California in the largest program of its kind," noted Palo Alto elder law attorney Michael Gilfix.

In Los Angeles alone, as many as 200,000 people will be enrolled, a larger one-state group than anywhere else in the U.S.

Advocates of managed care support comprehensive care for people with disabilities and the elderly. The complexities of their needs are typically better met in a full-package program, one which uses nutrition, supervision, transportation, and activities fully designed to cover all aspects of care needs. Managed care can mean huge savings; a one-service system typically costs significantly less than hiring out one-task specialists for every service. California advocates of managed care currently estimate that while the program will save just one percent in the first year, it will see savings closer to four percent by year three. Under Medicare, any medical costs which are reduced under a long-term care program go back to the federal government. Under the new program, savings would revert to the state.

But managed care critics are concerned: this wave of complex managed care patients in Los Angeles is the first of its kind. Can high-quality care for so many people with a multitude of complex issues be met consistently? If the program cannot produce a profit, how and where will they cut back? And how will that affect the quality and range of services?

As this is implemented, the need for asset protection and long-term care planning will be greater than ever.

The California program is being launched as a three-year demonstration. Other states, including Illinois, Ohio, Massachusetts, and Washington, who are beginning to run similar managed care programs, will be watching closely to see how well it works for the state, and for the patients.

To learn more, visit Gilfix & La Poll Associates LLP at http://www.gilfix.com/.

Gilfix & La Poll Associates LLP
2300 Geng Rd., Suite 200
Palo Alto, CA 94303
Telephone: (650) 493-8070
http://www.gilfix.com/

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