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Lawsuit accuses Comcast, Al Sharpton of discriminating against black-owned media

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.washingtonpost.com

A lawsuit against Comcast, Time Warner Cable Inc., Rev. Al Sharpton and the NAACP alleges that the media companies discriminated against black-owned businesses and paid activists like Sharpton to “whitewash” its practices. The complaint alleges that Comcast gave large donations to Sharpton, the NAACP and other civil rights groups to make it appear that the cable company was promoting diversity, even while it was failing to follow through on a promise to do so.

The lawsuit, seeking $20 billion, was filed in Los Angeles federal court Friday by Entertainment Studios, a television company founded by black producer and comedian Byron Allen and the National Association of African-American Owned Media (NAAAOM). The complaint, which comes as regulators mull a $45-billion merger between Comcast and TWC, alleges that Comcast has refused to do business with Allen and other black media executives.

“Comcast has engaged in, and is engaging in, pernicious, intentional racial discrimination in contracting,” it reads. Whether or not it gets anywhere is another question. Anyone can file a lawsuit alleging anything and claiming any amount of money.

Both Sharpton and Comcast dismissed the allegations Monday. In an interview with Variety, Sharpton called the lawsuit a “bogus statement from a person who has no credibility” and he told the Hollywood Reporter that he will be bringing…

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Filing a Notice of Disagreement with the VA

By: Susan Paczak

Before March 24, 2015, if veterans want to appeal a Rating Decision they just had to send something in writing to VA saying that they were not satisfied with the decision and wanted to contest it. On March 24, 2015, new rules, written by the VA, went into effect. Under these rules, if veterans want to appeal, they now have to send in a special form—Notice of Disagreement (NOD) (VA Form 21-0958). On this form, veterans indicate what part(s) of the decision they are appealing. In other words, if the veteran claimed service connection for five conditions and wants to appeal the decisions on all five, all five must be listed on the NOD. Veterans must also list what they are specifically appealing: service connection, rating, effective date, or other. The rules say that veterans must also state that they want appellate review. However, the form does not state that you have to ask for appellate review.

The rules that require use of the form were challenged by several VeteransService Organizations and the National Organization of Veterans Advocates (NOVA). Recently, the United States Court of Appeals for the Federal Circuit held that it was legal for the VA to require veterans to file a specific form to appeal. This means that unless one of the parties appeals to the Supreme Court, and the Court overturns the Circuit Courts ruling, veterans must follow these rules, or their appeals will be dismissed.

The VA is making the process for getting and appealing benefits more difficult. There are back logs of initial claims and appeals, and the VA is trying to make the process more complicated and difficult, in order to cut back on the number of veterans claiming benefits or appealing their claims. This is totally out of step with the VAs mission to help veterans. A more difficult process means that more veterans will need help with their appeals. An accredited attorney can help a veteran file and present an appeal to the VA to increase the veterans chance of receiving the benefits they earned.

Who Decides if a Doctor is Lying?

By: Thomas C. Baumann

Recently, Abes Baumann argued a case before the Pennsylvania Supreme Court regarding credibility determinations for physicians who perform Impairment Rating Evaluations. In the case of Rhodes vs.WCAB, Tom Baumann argued that the Workers’ Compensation Judge was correct in refusing to convert the claimant’s disability benefits from total disability to partial disability. Under the Worker’s Compensation act, an employer or insurance company can require an injured worker to undergo an impairment rating evaluation after receiving 104 weeks of total disability benefits. If the examination is requested within 60 days of the receipt of 104 weeks of benefits, the claimant’s compensation automatically converts from total disability benefits to partial disability benefits if the impairment rating evaluation finds a whole body impairment of less than 50%. If the examination is not requested within that timeframe, the insurance carrier has to litigate the conversion from total disability to partial disability. This means that the physician who performs the rating exam is subject to cross-examination and can be disbelieved by the workers compensation judge.

In the Rhodes case, the Workers Compensation Judge did not believe the IRE physician. The judge refused to convert disability from total to partial, which would have limited how much longer the claimant could receive benefits. The carrier appealed to the Worker’s Compensation Appeal Board which upheld the Judge’s decision that the doctor was not credible. The carrier appealed to the Commonwealth Court which reversed the judge and the Board. The Commonwealth Court found that there was not sufficient evidence of record to allow the Workers Compensation Judge to disbelieve the IRE physician.

The Supreme Court accepted the appeal. There, the claimant argued that the burden of proof and burden of persuasion was held by the insurance company. He argued that the Workers Compensation Judge properly exercised her discretion in finding that she was not persuaded by the IRE physician. Both sides have filed briefs, and a decision will be rendered by the Court sometime later this year.

 

Nurse Case Managers, aka Nurse Ratched

By: James R. Burn, Jr.

Often times when an injured worker’s compensation claim is accepted on a permanent or temporary basis, they are lead to believe by the insurance company that a “friendly nurse” will be assigned to the case to help them through their injury and the difficult times that lie ahead.

This nurse was once referred to in a movie as “Nurse Ratched.”

Nurse Ratched is not your friend. Nurse Ratched is there to get you back to work as soon as possible. Nurse Ratched is paid by the insurance company, not by you. Nurse Ratched will attempt to go to your doctor visits and once you leave, will attempt to strong arm your doctor into giving an opinion that may not necessarily be accurate or consistent with your real diagnosis. Nurse Ratched will come to your house and spend time with you, asking how you are doing, smiling the whole time.

Nurse Ratched is a hired gun from an entity that does not want to pay you a dime. Nurse Ratched is a minion of the insurance carrier that does not have your best interests in mind at any point during her assignment to your case.

If your claim has been accepted on a permanent or temporary basis and Nurse Ratched has attempted to or entered your life, please call us.

Injured on Employer’s Premise Prior to Beginning Work or Leaving Work – Compensable?

By: Sandra Weigel Kokal

Generally, case law has held that an injury occurring on the employer’s premises when coming or going from work, even for a meal, is compensable. Case law has held that getting to ones workstation is a necessary part of a job.

Therefore, if you slip and fall in your employers parking lot you could be eligible for workerscompensation benefits. Cases of this nature have held that arriving between 15-30 minutes before your required start time is ok and compensable. The Courts have stated that an employee is considered to be within the course of his employment if on the premises where he is employed a reasonable length of time before the hour fixed to commence his duties.

Other examples of compensable injuries include:

–employee injured when fell in office lobby after returning from lunch

–employee injured while picking up her paycheck on her day off as it was an employer approved practice

–employee injured while helping to push a co-worker’s car out of the snow in the employers parking lot

–employee injured while sleeping in the car in employers parking lot 30 minutes prior the start of employees shift when struck by a co-workers car

–employee injured after retrieving his clean uniforms prior to the start of his shift, returning to place uniforms in his car, and then sipping on ice while returning to employers business to start his shift

Each case is different, but an experienced attorney can compare your situation to the law and help you get the benefits you deserve. Injured workers should talk to an experienced Workers’ Compensation attorney whenever they suffer an injury on their employer’s premises. Even if the injury does not happen during their shift.

What is a Concussion?

By: Edward Jaffee Abes

Recently there has been much publicity concerning concussions suffered by athletes. But what is a concussion?

A concussion in reality is a traumatic brain injury (TBI). The most common and least serious type of traumatic brain injury is a concussion. These are obviously caused by sports injuries or general recreation activities. They of course could also be caused by falls, auto accidents and even fighting. One sustains a concussion upon suffering an impact that jolts the brain. Essentially, because the brain sits in a protective spinal fluid within the skull, a trauma causes the brain to move around and bump up against the skull. Damage to blood vessels or injury to nerves can occur. This causes the brain to not function normally.

Common symptoms of a concussion are multiple. They may include some but not all of the following: balance problems, confusion, concentration issues, dizziness, headache, irritability, depression, nausea, vomiting, anxiety and sensitivity to light or noise. One should not judge for themselves the seriousness of the concussion but rather should seek medical attention to be evaluated. Even once recovered if the concussion was sustained in a regular activity such as a sport, a repeat concussion can have cumulative effects on the brain with severe consequences. Therefore, a doctor’s clearance is the best course of action before returning to normal activity.

Concussions cannot be entirely avoided but precautions can lessen the chance of sustaining a head injury. Wearing a helmet while participating in sport activities including bike riding will greatly reduce the incidents or severity of a traumatic brain injury. Play hard but play smart and protect yourself. By doing so, you will not affect your life or the lives of your family.

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