Lawsuit: Inmate left untreated in New Mexico jail

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

ALBUQUERQUE, N.M. (AP) – In the latest in a series of high-profile New Mexico lawsuits over solitary confinement, a Tennessee man who suffers from bipolar disorder claims he was denied his medication and left untreated in a filthy cell.

The lawsuit filed recently in U.S. District Court in Albuquerque says Michael Faziani, 57, was thrown in a Sierra County solitary confinement jail cell for days after getting arrested on misdemeanor charges for a minor accident in a McDonald’s parking pot.

Guards ignored his request for a shower and his cell got so squalid another inmate had to clean it, according to court papers filed last month.

“Due to the toxic effects of solitary confinement (Faziani) lost the ability to care of his own hygiene,” the lawsuit said.

Documents also said the Columbia, Tennessee man lost 22 pounds in 18 days and often begged for help. He was also denied medication for his chronic back pain, court papers said.

Sierra County officials did not immediately return emails from The Associated Press.

Faziani is seeking an unspecified amount for punitive and compensatory damages.

Matthew Coyte, Faziani’s lawyer and an Albuquerque attorney involved in the New Mexico cases, said the state’s county jails continue to be where most egregious solitary confinement cases are found.

“The practice of placing someone in solitary is done so professionally in the prisons they got it down to a science or an art,” said Coyte….

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The Soul of the Young Lawyer

Every day, we are surrounded by the material aspects of life that feed our stomachs, egos, or other physical needs. We often forget to feed the soul. There is an old theory about law students: they all start law school wanting to save the world, but by the time they graduate, they want the job that pays the most. I was the opposite. I started out in law school wanting to make as much money as possible, but as time went on, I found that the quality of the work mattered to me as much, if not more, than the money. I have come to think of those intangible aspects of a career as feeding the soul.

Representing clients in Workers’ Compensation gives me the opportunity to represent real people with real problems. My clients are suffering. They have staggering medical bills. They cannot pay the mortgage or buy food for their families. My job lets me help them.

Often, my clients have done everything right, but the insurance company won’t live up to its responsibility. The client has seen the doctors he was told to see. He has done the physical therapy prescribed. He has had the surgery recommended. He has taken the medications ordered. Through no fault of his own, his injury is one that will never fully heal. Amazingly, the insurance company still will not pay for lost wages and medical care. This is where I come in and can help them.

I feel very fortunate to have found a job that feeds my soul.

Lawsuit: Trinity at fault for hepatitis outbreak

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

MINOT, N.D. (AP) — The Minot nursing home where dozens of residents contracted hepatitis C last year has filed a lawsuit against Trinity Health that claims the health care provider is responsible for the outbreak.

Forty-six people were infected last year with the virus that can cause serious liver damage and even death. All but one of them had spent time at the ManorCare Health Services nursing home, according to KXMC-TV in Minot (http://bit.ly/1maQZ4r ).

The lawsuit, which ManorCare filed in federal court last week, alleges that one Trinity Health employee is responsible for the spread of the disease that was first reported in August 2013. It says Trinity, which handles some services for ManorCare, should have been aware of “serious longstanding problems” with the employee’s phlebotomy, or blood service, practices.

Hepatitis C, caused by a virus that results in an infection of the liver, is primarily transmitted by blood-to-blood contact. Some people who get it recover, but most carry the virus in their blood for the course of their lifetime and can develop chronic infection.

The worker, who’s listed in court documents only as “Employee A,” allegedly performed the majority of Trinity’s phlebotomy services at ManorCare. ManorCare says it had no duty to supervisor control the employee in question.

The lawsuit also alleges that when investigators from the U.S. Centers for Disease Control and Prevention and the North Dakota Department of Health came to…

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Supreme Court ruling in Hobby Lobby case: Can’t make employers cover contraception

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

FILE A woman walks from a Hobby Lobby Inc., store in Little Rock, Ark., Wednesday, Sept. 12, 2012. The Oklahoma City-based chain filed a federal lawsuit over a mandate in the health reform law that requires employers to provide coverage for the morning-after pill. (AP Photo/Danny Johnston)(Photo: Danny Johnston AP)

WASHINGTON — The Supreme Court ruled Monday that some corporations can hold religious objections that allow them to opt out of the new health law requirement that they cover contraceptives for women.

The justices’ 5-4 decision is the first time that the high court has ruled that profit-seeking businesses can hold religious views under federal law. And it means the Obama administration must search for a different way of providing free contraception to women who are covered under objecting companies’ health insurance plans.

Contraception is among a range of preventive services that must be provided at no extra charge under the health care law that President Barack Obama signed in 2010 and the Supreme Court upheld two years later.

Two years ago, Chief Justice John Roberts cast the pivotal vote that saved the health care law in the midst of Obama’s campaign for re-election. On Monday, dealing with a small sliver of the law, Roberts sided with the four justices who would have struck down the law in its entirety.

Justice Samuel Alito wrote the majority opinion. The court’s four liberal justices dissented.

The court stressed that its ruling applies only to corporations…

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Federal Judge Upholds Colorado Gun Laws, Dismisses Lawsuit

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

DENVER (Reuters) – A federal judge upheld gun laws on Thursday introduced by Colorado in the wake of deadly shooting rampages there and in Connecticut, dismissing a lawsuit brought by sheriffs, gun shops, outfitters and shooting ranges.

The two laws, passed in 2013 by Colorado’s Democratic-controlled legislature with scant Republican support, banned ammunition magazines that hold more than 15 rounds and required background checks for all private gun sales and transfers.

The bills were introduced in response to a shooting spree in 2012 that killed 12 people at a suburban Denver movie theater, and the slaying later that same year of 20 children and six adults at an elementary School in Newtown, Connecticut.

But they immediately met resistance from critics, including most of Colorado’s elected sheriffs, who said they severely restricted citizens’ constitutional right to own and bear arms.

Last year, voters recalled two key Democratic members of the legislature that approved the controversial measures.

After a two-week civil trial, U.S. District Chief Judge Marcia Krieger ruled the lawsuit lacked standing and said no evidence had been produced which showed limiting magazines to 15 rounds seriously diminished the ability to defend oneself.

“Of the many law enforcement officials called to testify, none were able to identify a single instance in which they were involved where a single civilian fired more than 15 shots in self defense,” she said in her ruling.

Responding to…

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Workers’ Compensation Judges

In Pennsylvania Workers’ Compensation, cases are decided by Workers’ Compensation Judges. These Judges have certain requirements that they have to meet before appointment as a Judge by the Bureau of Workers’ Compensation. According to the Pennsylvania Workers’ Compensation Act, a candidate for judge must meet the following minimum requirements:

1. Be an attorney in good standing before the Supreme Court of Pennsylvania

2. Have five years of Workers’ Compensation practice experience before administrative agencies or similar experience

3. Complete the course of training and instruction and pass the examination required by the Bureau of Workers’ Compensation.

All candidates for Pennsylvania Workers’ Compensation Judge must take a civil service test. Successful candidates are hired from the top three performers on the tests in the geographical areas to which the test applies.

Judges also have a lengthy and restrictive code of ethics which they must follow. As a result of the prerequisites and the code of ethics, Pennsylvania has a group of highly qualified Workers’ Compensation Judges. If you are an injured worker appearing before a Pennsylvania Workers’ Compensation Judge, you can feel confident that the Judge deciding your case has a deep knowledge of the Workers’ Compensation Act and will handle your case fairly.

When you have questions about a Pennsylvania Workers’ Compensation case, you should feel free to contact an attorney at Abes Baumann. You will speak to a very experienced Workers’ Compensation lawyer the day you call. You will not be charged anything unless you hire us and we are successful.

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