Newark fire director accused of racial discrimination, creating public safety risk, lawsuit says

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

An arson investigator with the Newark Fire Department has filed a lawsuit against the city and Fire Director James Stewart, alleging he suffered racial discrimination and retaliation.Robert Sciarrino/The Star-Ledger 

NEWARK — A nearly 30-year member of the Newark Fire Department claims in a new lawsuit that he suffered racial discrimination as well as retaliation for reporting alleged misconduct by the city’s fire director.

As part of that harassment, Ramon Irizarry, currently an arson investigator, alleges city officials created a public safety risk by denying him a service weapon.

“It’s not only discriminatory. It’s downright dangerous,” said Edward Nolan, an attorney representing Irizarry in the lawsuit he filed on Aug. 25 in New Jersey Superior Court against Newark and Fire Director James Stewart.

“If he’s in a situation where he needs his gun, it could not only jeopardize his own health, but his co-workers and members of the public,” Nolan said.

The lawsuit suggests the harassment was in retaliation for Irizarry reporting to authorities that Stewart “sought to provide a firearm to a former arson investigator who was not allowed to be armed and sent unqualified and politically-connected candidates to the Newark Fire Academy.”

Newark officials declined to comment, and Stewart could not be reached for comment. Stewart has previously been ensnared in separate state and county investigations.

A Fair Lawn…

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Pittsburgh Parking Authority settles lawsuit over height of new pay stations

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

A lawsuit over the height of the Pittsburgh Parking Authority’s new pay stations has been settled, and all of the multi-space meters will be lowered to make them more accessible to wheelchair users by July 31, officials said Tuesday.

Attorneys for the authority and for University of Pittsburgh research specialist Debra J. Stemmler filed a stipulation of dismissal, indicating that the lawsuit had been settled. U.S. District Judge Nora Barry Fischer then closed the case.

Terms of the settlement were not indicated in the court filings. According to the stipulation for dismissal, Judge Fischer retains jurisdiction to interpret and enforce the settlement.

Authority attorney Brian H. Simmons wrote in an email response to questions that the authority would not incur any costs related to lowering the meters, and that the work would be done by the end of July 2015.

Authority Executive Director David Onorato would not further detail the settlement.

Jeff Nethery, director of business development for Cale America, the company that was awarded a $7 million contract in 2012 to install and maintain hundreds of the multi-space pay stations, said last week that his firm would adjust the meters. He could not be reached for details Tuesday.

Ms. Stemmler, who works for Pitt’s Graduate School of Public Health, claimed in the lawsuit that she was ticketed a year ago despite leaving a note on her dashboard indicating that she could not reach the buttons on the new meters. She…

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Treatment for Female Vets Lagging Behind

A new report released by the Disabled American Veterans reveals that female veterans are being seriously under served by the VA.  There are serious gaps in service in all areas of the VA:  health care, job training, housing, and social issues.  Although the number of female veterans seeking health care in the VA system has doubled since 2000, 1 in 4 VA hospitals do not have a full-time gynecologist on staff. 

The VA treatment of women veterans seeking compensation for problems stemming for sexual assault in the military is one of the major areas were the VA falls short of its mission.  Many sexual assaults are not reported. VA regulations require the VA to inform the veteran that other evidence can be used to prove that the assault occurred.  Many veterans do not know how to go about getting this evidence or how to properly present it to the VA.  Even if the veteran gets such evidence and submits it, the VA will still often deny claims because the assault was not reported in service.  The VA will try to use that fact that the assault was not reported as evidence that it did not happen.  Recently, a Federal Appeals Court has held that the VA cannot do that.  The VA cannot treat the lack of a report in service as evidence that the assault did not happen. 

If a veteran, male or female, has a claim for compensation for sexual or other types of personal assault  in service, it is important that the veteran have good representation.  The veteran needs an advocate/attorney who is aware of the latest law in this area so the case can be properly presented to the VA, and if the claim is denied, can file an appeal and pursue the issue in Court, if necessary.        

NFL Concussion Settlement

A Federal Court has approved the Settlement of the Class Action Lawsuit filed by former NFL players against the National Football League. These former players, now retired, filed suite accusing the NFL for damages for not informing them that they may have possible brain injuries and consequences of same. The settlement discussions were long and tense and, at times, included dissension within the Plantiff’s own ranks.

The final settlement provides for players to receive the following three benefits:

1. Medical exams for symptoms of concussion syndrome for all retired NFL players so that if conditions later develop or deteriorate there will be a baseline for same.

2. Financial awards for diagnosis of brain injury diseases, such as Alzheimer’s, Parkinson’s, Dementia and certain cases of Chronic Traumatic Encephalopathy (CTE) which may not be diagnosed until after a player dies.

3. Educational programs and various initiatives to make the game of football safer.

These claims for injuries and medical treatment resulting from concussions will be paid in full for up to 65 years.

Of note, the retired players or their legal representatives or their family members do not have to prove that the player’s injuries were caused by playing NFL football. They simply have to prove the conditions exist.

Separately, these players theoretically could have filed individual claims against their respective teams for Workers’ Compensation benefits. However, because the players were not made aware of the harm and the statute of limitations for a work injury would have run, the above settlement for a vast majority of them is their only alternative.

Today’s players are now more aware of the consequences of a concussion. They can also avail themselves of Workers’ Compensation benefits pursuant to their individual state Workers’ Compensation laws.

Of course, concussions are not limited to professional athletes. Many combat Veterans have suffered severe concussions. However, professional athletes are more likely to have multiple concussions. Of course, anyone in any occupation could suffer a concussion whether it be from an automobile accident while in the course of their employment or some other traumatic event.

Today’s worker, whether it be a Pittsburgh Steeler or a Pittsburgh steelworker has become far more educated as to the benefits to which they may avail themselves if they suffer such an unfortunate injury.

Missouri residents file lawsuit accusing police of brutality in Ferguson

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

Six Missouri residents filed a lawsuit in federal court, alleging police in Ferguson used excessive force and made false arrests.

The Los Angeles Times reported that one claimant, Dewayne Matthews Jr., said he was standing with his hands in the air, in surrender mode, when police officers wearing riot gear riddled him with rubber bullets and slammed him into the concrete. He alleged police also sprayed him with some sort of chemical spray, despite the fact he wasn’t engaging in any aggressive or violent manner.

Another plaintiff, Tracey White, says she and her son, 13, were waiting to exit McDonald’s at the time police stormed into the restaurants and arrested them without cause, she alleged, the Los Angeles Times reported.

A couple of other plaintiffs say they were simply joining in the chant of “hands up, don’t shoot,” when riot police shot rubber bullets at them and fired tear gas and stun grenades. The men, Damon Coleman and Theophilus Green, also allege police used racial slurs, the Los Angeles Times reported.

The six say the police humiliated them and abused their civil rights, and their lawsuit seeks millions in damages.

The protests in Ferguson kicked off when Darren Wilson, a local police officer, shot and killed Michael Brown, 18….

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Hurrican Ivan–2004

Ten years ago this month, hurricane Ivan wreaked havoc on the Commonwealth of Pennsylvania, especially Southwestern Pennsylvania. A state of emergency was declared in sixty-six out of sixty-seven counties. At the time of this flood, in addition to practicing law with Abes Baumann, I was also the Mayor of Millvale, PA.

Millvale was one of the hardest hit communities in Pennsylvania. Over four hundred homes and over two hundred businesses were compromised by the flood waters and devastation.

As Mayor, the most important thing was to emphasize to the residents and the business owners that recovery would come quickly. In that regard, we set up a command center and a recovery center and worked to provide food, shelter, clothing and cleaning supplies for those effected by the flood. Millvale was visited in the days subsequent to the flood by local, state, and national leaders, offering assistance. President George W. Bush, Senators Arlen Spector and Rick Santorum, Congresswoman Melissa Hart, and County Executive Dan Onorato were several of the many leaders who came to Millvale to tour the devastation, receive a briefing on the recovery efforts, and offer assistance.

The experiences that I have had as a trial lawyer representing claimants in Workers’ Compensation cases, was a significant factor in my ability to work with the community in its recovery. Like the clients I represent, the residents of Millvale found themselves in a situation that they didn’t ask for, nor which they had expected. Counseling and working with them to recover and get on with their lives is one of the things I take pride in as a trial attorney.

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