Wednesday, November 09, 2011

Social media sites like Facebook being used to spy on injured workers. This is a growing phenomenon, which could spell real problems for personal injury or worker's compensation claimants especially. Some very worthwhile tips:

1.Make sure there is nothing you would not want your mother or the insurance company lawyer to see.
2.Search your name to see that what comes up is acceptable. Make whatever adjustments are necessary.
3.Check your privacy settings.
4.Don't answer emails or requests from people you don't know. (Keep in mind that because of the lawsuit process, the opposing legal team knows a lot about you and could send you an email that might make you think you know each other.)
5.Don’t accept a Facebook friend that you don’t know. Set up your Facebook to require an email before you will accept a new friend.

And, speaking as a lawyer who knows that most lawyers are way behind the technology curve, volunteer to your lawyer if you are prominent on Facebook, Twitter, or other social media. It could make the difference between a salvageable case and getting blindsided at trial.

Monday, November 07, 2011

Sober Brad Paisley pulled over for suspected DUI. My question is, why then was he pulled over?
Man to Social Security: I'm Not Dead! This part, I love: ""There could be cases where we've erroneously terminated someone," said Frank Vieria, who works in public affairs at the Social Security Administration."

I'm glad that guy's not a hit man. After all, erroneous termination is a bad thing, right?
Father fights delay in Social Security Disability payments: Terminally ill daughter died before Social Security benefits arrived.

The arbitrary five month waiting period is ridiculous. And is the "People's House" (House of Representatives) doing anything about it? No:

That bill, the Social Security Fairness for the Terminally Ill Act of 2009, was not passed before the session of Congress in which it was proposed ended.

Today there is a new bill in the House of Representatives — the Social Security Fairness for the Terminally Ill Act of 2011 — that aims to do the same thing. The bill is currently under legislative review.

What do you want to bet that the pending bill never sees the light of day?

Tuesday, October 25, 2011


The great Kittiwake camera mystery: do you know this diver? Apparently the camera, containing undated photos of Grand Cayman diving [that's the famous Sunset House mermaid in the photo] was found by a diver off the Florida coast.

Wednesday, October 19, 2011

"In case you forgot -- or didn't know in the first place -- Wendell Potter, the former head of corporate communications for CIGNA, says profits drive the insurance industry, and that its highly paid executives deceive and manipulate to put shareholders first - above the health needs of their members.

Potter, certainly a guy in a position to know, said further that "there are no government 'death panels.' The law doesn't cut Medicare benefits and it doesn't call for a 'government takeover' of health care. . . . My colleagues and I came up with that term to scare the heck out of people." (emphasis added)

Anybody else feel manipulated and deceived?
Trespassing, yes. DUI, No: DUI conviction of man who was sitting in a parked car, in a private driveway, with the motor off, is overturned by the Nebraska Supreme Court. Said the Court:


We do not believe the Legislature intended to make a citizen drinking a beer while cleaning out his vehicle parked in his driveway guilty of a crime because the vehicle is overhanging the sidewalk," Justice William Connoly wrote in the 38-page ruling.

The county court concluded that because McCave had stated that he was leaving while he was in his vehicle with the keys in the ignition and the motor off, the officers could infer that McCave drove to (his father's and stepmother's) house intoxicated. We disagree.

For once, a sensible decision from the courts. Too bad it had to go all the way to the state supreme court first.

Starving the beast: "How cuts to Social Security Administration will hurt you."

You know, I see all this talk about budget cutting and how the lower and middle income people are going to have to suffer and sacrifice for the good of all. When are the wealthy people, who can most afford to make some sacrifices, going to be called upon to do their share?
New York High Court: lack of seat belts in busses actionable at law. I've always wondered how bus companies get away with having no seat belts. This court ruling shows that they will not necessarily get off scott free. From a personal injury point of view, this is a good decision.

Monday, October 17, 2011

Tennessee lawmaker who pushed guns-in-bars law charged with DUI: You reap what you sow?

Tuesday, October 04, 2011

Citizens say: Leave Social Security, other benefits alone. The takeaway from this story is that programs like Social Security are absolutely vital to millions of Americans. Any kind of profound change could destroy lives. It's easy to pontificate that we do not need such programs. It's a lot harder when we are absolutely dependent upon them.

Monday, October 03, 2011

Social Security Disability Requests Stalled To Give SS Supervisors Bonuses, Hurting The Injured. Normally, a Social Security Disability claim can take three plus years. Deliberate delays as described in the link are a travesty.

Friday, September 30, 2011

A voice of logic and reason on Social Security: Enough with the Social Security scare tactics. What I want to know is who is spreading the scare tactics -- aside from the obvious Rick Perry references -- and who stands to gain by bad-mouthing this program?

Wednesday, September 28, 2011

Math doesn’t work on privatizing Social Security: "It’s just an idea that they [Republicans] throw out there, with no evidence of serious thought."

Tuesday, September 27, 2011

The Palestinians Want Peace --- Just Not With a Jewish State. Just in case you thought there had been any movement from the palestinean arab point of view in the past 60+ years, think again:

Earlier this month in Ramallah, the de facto capital of the Palestinian Authority, I interviewed Ghassan Khatib, director of government media for the Palestinian Authority and the spokesman for Palestinian President Mahmoud Abbas. I asked him the same question: Do the Palestinians recognize Israel as the Jewish state?

He was more direct than the Palestinians students at Stanford.

His long answer amounted to: "No."

They don't even recognize that there is a Jewish people. Did you know that Abbas, in his U.N. speech, refused even to use the words "Jew" or "Jewish?" In referring to Israel, he spoke of "the Holy Land, the land of Palestine, the land of divine messages, ascension of the Prophet Muhammad (peace be upon him) and the birthplace of Jesus Christ (peace be upon him)...." I guess no Jews have ever lived in "the Holy Land." Ridiculous, except no one is paying attention to the continuing intransigence of the Arabs. For instance:

Two Israeli peace proposals, in 2000 and 2008 … met virtually all of the Palestinians' demands for a sovereign state in the areas won by Israel in the 1967 war — in the West Bank, Gaza and even East Jerusalem. But Palestinian President Yasser Arafat rejected the first offer and Abbas ignored the second, for the very same reason their predecessors spurned the 1947 Partition Plan.

Each time, accepting a Palestinian State meant accepting the Jewish State, a concession the Palestinians were unwilling to make.

Finally we get down to it. The issue is not settlements, or land concessions, or the right of return. The issue is as it always has been: they want the Jews dead and/or gone. The only peace the palestinean arabs are interested in is a Jew/Israeli-free peace.

By the way, I find it amusing that the media is wringing its hands at this latest "crisis." The palestinean arabs have been taking these very same positions since before 1948. It's nothing new. It takes two to tango, and the palestinean arabs have refused ever to dance with Israel.

Monday, September 26, 2011

Legislature gives nursing homes a break: Like they operated sooo well before, that they have earned lighter (read: no) regulation? Honestly, I wonder how some of these people sleep at night.

Thursday, September 22, 2011

Social Security: If Ronald Reagan could fix it 30 years ago, so can we fix it now.
OK, this borders on the ridiculous: F-16s Scrambled Due to Inappropriate Bathroom Use. Or, as Kevin Underhill quipped in the caption below an F-16 photo, "Hi there! Just here to kill you if necessary. That guy still pooping?"

Seriously, though, Kevin says the following, which makes a lot of sense:

According to security expert Bruce Schneier, "[e]xactly two things have made airplane travel safer since 9/11: reinforcing the cockpit door, and convincing passengers they need to fight back. Everything else has been a waste of money." After all, the 9/11 strategy stopped working on 9/11, as soon as passengers learned what was going on. (Ask the shoe and underwear bombers where all those bruises came from.) And yet we are still so terrified of a strategy that worked for less than one day that, ten years later, we scramble fighters in response to a slap-fight or long toilet stay.

Read the Schneier link, too. I think he's right.

Tuesday, September 20, 2011

Noteworthy Court Orders: I wish our judges has a sense of humor -- at least on paper -- like these guys. Here's my favorite, apparently directed to bickering litigants:

Greetings and Salutations!
You are invited to a kindergarten party on THURSDAY, SEPTEMBER 1, 2011, at 10:00
a.m. in Courtroom 2 of the United States Courthouse, 200 W. Eighth Street, Austin, Texas.

The party will feature many exciting and informative lessons, including:

• How to telephone and communicate with a lawyer

• How to enter into reasonable agreements about deposition dates

• How to limit depositions to reasonable subject matter

• Why it is neither cute nor clever to attempt to quash a subpoena for technical failures of service when notice is reasonably given; and

• An advanced seminar on not wasting the time of a busy federal judge and his staff because you are unable to practice law at the level of a first year law student.

Invitation to this exclusive event is not RSVP. Please remember to bring a sack lunch! The United States Marshals have beds available if necessary, so you may wish to bring a toothbrush in case the party runs late.


Hee hee.
Lowering the Bar got on this first, but it's worth a re-post. Let's just for the sake of argument say that I'm OK with nine federally-mandated medical insurance codes for injuries caused by turtles (yeah, you read that right). Now what I don't get are the thirteen codes assoiated with, ahem, "unspecified spacecraft" causing injury.

It gets better, that is, more absurd. Not only do they have a code for "Forced landing of spacecraft injuring occupant; initial encounter," they also have "Forced landing of spacecraft injuring occupant; subsequent encounter. I don't know about you all, but I very seldom have more than one encounter as an occupant on a spacecraft. But two?

Have I missed something? Is Lost in Space's Jupiter II for real (anybody ever wonder what happened to the Jupiter I? Or is that just me)? And where was I when they were handing out all these spacecraft for people like us to be occupants?

Shucks. I miss everything.