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INDEPENDENT MEDICAL EXAMINATIONS - FAR FROM INDEPENDENT

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If you are injured and are involved in litigation either with a responsible third party or through workers’ compensation, it is likely that you will be required to undergo an independent medical evaluation. Despite the name, these examinations are far from independent. Rather, the defendant or workers’ compensation insurance company hires a doctor to perform a one time examination that will then be used against you in regard to your claim.

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Over –the-Road Truck Drivers and Workers Compensation

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Many of our hard working families have members of their families that work for big trucking companies and drive trucks all across the United States. They may live here in Pennsylvania, but could be driving anywhere. It is important to know your rights as an injured worker in these circumstances. If you or a loved one suffered a work injury while driving a truck over the road, it is important to document the facts and circumstances. A lot of the trip can have a major impact on where you are allowed to filed a claim for workers compensation benefits.

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UNDERINSURED MOTORIST COVERAGE PROTECT YOURSELF AND YOUR LOVED ONES

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In Pennsylvania, operators of motor vehicles are only required to carry insurance with minimum coverage of $15,000 per person and $30,000 per accident. Many well-known insurance carriers that we regularly see in advertisements (1-800-Safe Auto, Allstate, etc.) sell a great deal of theses state minimum policies within Pennsylvania. This means that if you are injured in an auto accident caused by the actions of someone else, there could be just this very small amount of money available to you to compensate for your time missed from work, unpaid medical expenses, and pain and suffering.

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BEWARE OF THOSE FIREPLACES AS WE HIT FALL AND WINTER!

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As we start to get into fall and …don’t say it preparation for snow, we need to be cognizant of starting to use our gas fireplaces again. There have been many instances where people have been injured by when reigniting or restarting gas fireplaces because the manufacturer put those machines out for sale even knowing they are dangerous. There are very strict laws that have been established in Pennsylvania for pursuing claims against the makers of machines and other dangerous products. These claims are typically called “Strict Products Liability” claims. The Pennsylvania Supreme Court has recently revisited the necessary proof that must be offered to establish these types of claims in the matter of Tincher v. Omega Flex, Inc., 104 A.3d 328.

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Limited tort - Penny wise but pound foolish

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When selling automobile insurance, insurers in Pennsylvania offer various discounts to their customers. One of the most common discounts offered is the “limited tort” discount. In order to obtain this discount, insureds elect the “limited tort” option and are required to complete an election form. This election provides a discount on insurance premiums, but the discount comes with a price. In exchange for the discount, electing the “limited tort” option restricts an injured party’s right to recover for non-economic damages, i.e. pain and suffering, except in limited circumstances, when injured as a result of the negligence of another driver. This election is contrary to the “full tort” option, which provides injured persons an unrestricted right to recover damages in the event of an accident caused by another’s negligence.

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LESSONS FROM TOM BRADY/DEFLATE GATE DECISION

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There has rarely been a football story that makes news in all social circles as the case involving the NFL and Tom Brady. Every news station, whether it be ESPN, CNN, FOX or E!News, was talking about the Court decision issued by Judge Burman in New York on this matter.

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What Do I Do If I'm In a Car Accident?

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Being involved in a car accident can be a very unnerving and horrific event. Life seems to speed up very quickly and almost turn into a blur. Many times when someone is involved in an accident, their adrenaline kicks in and can drive a sense of strength while it is pumping. It is important to be cognizant of a few things in the very beginning to make sure you are protected in the event you are hurt in the accident.

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Workers’ Comp Act Protects Helpful Employee

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In a recent decision, the Pennsylvania Appellate Courts upheld the provisions of the PA Workers' Comp Act that were put in place to protect injured workers and to encourage people helping people. In the Pipeline Sys. v.

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Independent Contractor Workers' Comp

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In the event of a work injury involving a construction site, the issue of whether the injured party is an employee or an independent contractor often arises. The resolution of this issue can have a drastic impact on the rights of an injured worker to recover workers' compensation benefits.

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Release of Cell Phone Records

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There has long been a fear that people repeatedly are distracted by their cell phones while driving. Whether they are talking, texting, emailing or even surfing the web, many people cause accidents by doing these things while driving.

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