In the case, Goss v. North Shore Trust & Savings, the petitioner, who was a director of investments, drove to a retail store at the close of business to purchase a rug for her employer’s booth at a local business exposition. On the way to the store, she was involved in a car accident and suffered injuries. The commission affirmed the decision of the arbitrator that she was entitled to workers’ compensation benefits.

“It is important for injured workers to understand that they may be eligible for workers’ compensation benefits even for injuries sustained outside of regular work hours and off work premises,” said Chicago workers’ compensation attorney Robert Briskman. “The crucial factor is that the injury must arise out of and in the course of employment.”

The arbitrator in the case found that the nature of the investment director’s employment often made it necessary for her to leave the employer’s office and travel outside of regular business hours in order to participate in work-related events. In addition, she had been granted discretion to purchase necessary items for such events to promote the interests of the employer. There was no evidence that the director was traveling to the store for any purpose other than to purchase the rug for the employer’s booth, and the store was not in the same direction as her residence, so she was not merely stopping by the store on her way home.

According to the arbitrator’s decision, affirmed by the IWCC, the director sustained her injuries while she was acting for her employer’s benefit and her travel to the store was foreseeable and reasonable in the course of her duties.

Under Illinois law, when an injured worker files a claim with the IWCC, an arbitrator may conduct a trial to decide the case. After the arbitrator has issued a decision, the employer and the employee each have the right to appeal the decision to a three-commissioner panel of the IWCC. The panel reviews the evidence anew.

Robert Briskman is a Chicago workers’ compensation attorney and Chicago workers compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
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This March, the Centers for Medicare and Medicaid Services announced that the Medicare FFS Program (Part A and Part B) is slated for a reduction in payments due to the sequestration order which was recently signed into law. Health care suppliers and providers have been notified that reimbursements for claims that are filed for both dates-of-service and dates-of-discharge starting on April 1, 2013, will now have a 2 percent reduction in the amount that is reimbursed. This will also affect claims for orthotics, prosthetics and other medical supplies.

Legislators had stated that they attempted to protect Medicare from cuts as much as possible: while most programs faced a 7.8 percent cut, Medicare was only hit by 2 percent. But that 2 percent cut has fallen heavily on cancer patients, critics say. Oncologists are not able to change the cost of the drugs they use for cancer treatments in chemotherapy treatments; the 2 percent cut must be taken from overhead costs such as supplying and administering those medications.

Cancer-fighting drugs may cost as much as $15,000; for a clinic, absorbing 2 percent of that cost for every patient, for every course of their multi-course treatment, can be significantly detrimental to their ability to offer those services. The clinics that will likely be able to continue treating patients and meeting their own bills may be forced to cut back on the number of patients they treat. North Shore Hematology Oncology Associates based in Long Island, New York, for example, has just announced that they will no longer be able to treat approximately one-third of the 16,000 patients they have treated who have their care funded by Medicare.

While many Medicare patients who are being turned away by cancer clinics may have to get their treatments met at area hospitals, studies have found that patients pay an average of $650 more each year for cancer treatment when they receive that treatment solely from a hospital. The increased cost, critics point out, may not be affordable to many patients, leaving them with nowhere to turn.

About Littman Krooks
Littman Krooks LLP provides sophisticated legal advice and the high level of expertise ordinarily associated with large law firms along with the personal attention and responsiveness of smaller firms. These ingredients, which are the cornerstone of effective representation and necessary to a successful lawyer/client relationship, have become the foundation of the firm’s success.

Littman Krooks LLP offers legal services in several areas of law, including elder law, estate planning, special needs planning, special education advocacy, and corporate and securities. Their offices are located at 399 Knollwood Road, White Plains, New York; 655 Third Avenue, New York, New York; and 300 Westage Business Center Drive, Fishkill, New York. For more information about Littman Krooks LLP, visit the website at: www.littmankrooks.com.

New York Contact:
Maria M. Brill
Littman Krooks LLP
(914) 684-2100
mbrill@littmankrooks.com

New York City Office
655 Third Avenue, 20th Floor
New York, New York 10017
(212) 490-2020 Phone

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“It’s extremely troubling to hear about what is happening in other states, like Florida, when it directly affects the rights of medical malpractice victims. For instance, Florida now wants to require a higher burden of proof in medical malpractice lawsuits and would block litigation against hospitals for malpractice if it was committed by individuals who are not employees —- which would mean most of the doctors,” explained Christopher Mellino, a Cleveland medical malpractice lawyer. “You really have to wonder if politicians ‘get’ what it means to be so badly injured that you need care for the rest of your life. Or if they grasp the concept of injustice as it applies to a medical malpractice victim.”

Florida’s archaic point-of-view on how to handle medical malpractice lawsuits goes against the very grain of what justice is all about. Simply put, if an individual goes to the doctor for something, expecting to be treated appropriately and get better, but instead comes home in a wheelchair, someone must be held responsible for that. Certainly the patient did not do anything to land themselves in a wheelchair.

“If the doctor did something that caused catastrophic injuries, why on earth would they be let off the hook? In Florida, the latest proposal is to also ‘forgive’ nursing home mistakes that cost someone their life. The bottom line is why should doctors get a free pass to make mistakes and then have someone look the other way? If that is the definition of justice, the victim certainly does not see it that way, and neither do hundreds of medical malpractice lawyers,” Mellino added.

Tort reform is one of those issues that no one seems to agree on, particularly if the individual is a politician or medical malpractice insurer. “Neither of these parties seem to grasp what it means to be completely disabled for the rest of your life because a doctor messed up. Neither of these parties seem to understand that the victim then gets worked over twice and left to fend for themselves through no fault of their own. There is something seriously wrong with this picture,” said Mellino.

Rather than shut out victims of medical malpractice by, in essence, branding them with a red letter V, the powers that be need to step up to the plate and take responsibility for their errors. To do anything less perpetrates devastating injustice.

To learn more or to contact a Cleveland medical malpractice attorney, or visit http://www.mellinorobenalt.com.

Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

A bill was recently passed by the Senate and is now before the House which would end the practice of awarding permanent alimony in Florida and would establish a table of alimony formulas for use by the courts going forward.

“This is just the latest in a groundswell of alimony changes across the U.S.,” said Denver divorce attorney Bill Thode. “Similar bills are pending in Colorado, Connecticut, New Jersey, and Oregon.”

Permanent alimony is considered a holdover from an earlier generation; a marriage would end and the wife, typically under-employed or never employed outside the home, would be awarded lifetime alimony in order to be able to live comfortably after decades of dedication to domestic life. But for men and women not of a certain age, the concept of lifetime alimony is antiquated and unreasonable. Women currently make up 47 percent of the U.S. labor force. New structures regarding alimony payments typically do not last longer than half the length of the marriage and for marriages that last 20 years or longer, the maximum amounts of alimony payouts do not exceed 38 percent of the alimony payer’s monthly gross income.

Critics of the Florida bill have expressed concern that the bill would be too “cookie-cutter” and not allow a judge to craft fair results. But advocates of the bill argue that alimony payments originated from English common law on the assumption that a husband was bound to support his wife throughout her life, due to her natural dependence. Alimony should be awarded in a manner which provides for a transition to a new life, but not permanently fund that new life, say advocates. Alimony should be awarded based on need, with established guidelines, and both the amount of the alimony and its length should be determined via an established formula, say reform advocates.

U.S. alimony laws were altered in the 1970s to better reflect need and recognize the growing number of women who could and did support themselves. While most states still allow permanent alimony awards, the terms can be and often are modified.

To contact a Denver divorce attorney, Denver child custody lawyer, or a Denver family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

Thode Law Firm, P.C.
201 Steele Street, Suite 201
Denver, CO 80206
Call: (303) 330-0425

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Memory People, a group for those sharing the journey and struggle through Alzheimer’s or dementia.

When diagnosed with EOAD (Early-Onset Alzheimer Disease) a few years ago, Rick Phelps could have let it defeat him and begin to fade away. But instead, Rick decided to make videos and record the affects of this disease as he experiences them, and perhaps, raise awareness and education about Alzheimer’s and EOAD to others.

(Related: The Year’s Top 10 Elder Law Decisions)

Let’s be clear that Rick is not a doctor nor does he recommend this variety of “treatment” to others. He is a man with Early On-Set Alzheimer’s who hopes by documenting his journey and struggle he can bring awareness to others in the hopes of call for increased research to discover a cure for Alzheimer’s.

Contact Rick through his website, “Living with Alzheimer’s.”  This website is dedicated to the ongoing battle millions experience every day with Alzheimer’s. It will be a chronicle of Rick Phelps’ daily life through videos that he is creating to shine more light on the dark-fight with Alzheimer’s.

(Related: The Importance of Durable Power of Attorney)

Rick has also created a number of Private Facebook groups, with the main group being Memory People. He believes that Alzheimer’s is not only a patients’ disease but also a caregiver’s disease.

If you’re a caregiver or a family member of someone with Alzheimer’s, join Memory People on Facebook and discover support, camaraderie, and a social network of empathetic and caring people. You can type “Memory People” into the Facebook search bar. If you’d like to join Memory People™ send a Friend Request to Rick Phelps at Facebook.

Read more: http://free-alzheimers-support.com/wordpress/2011/04/if-you-have-alzheimers-or-dementia-theres-a-group-waiting-for-you/

Christopher J. Berry is an elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

Read up on the year’s Top 10 Elder Law Decisions.

Below, you will discover, in chronological order, the top 10 elder law decisions for the previous year. The highlight decisions of the year was a ruling by a Pennsylvania appeals court that a son is liable for his mother’s nursing home bill under the state’s filial responsibility law.

1. State Can Recover from Spouse’s Annuity for Medicaid Benefits Paid After Spouse Died

A U.S. Court of Appeals holds that a state’s ability to recover Medicaid payments from a community spouse’s annuity after the community spouse dies is not limited to the amount of benefits the state had paid before the community spouse’s death (Hutcherson v. Arizona Health Care Cost Cont. Syst. Adm.).

(Related: The Importance of Durable Power of Attorney)

2. Community Spouse’s Promissory Note Is a Countable Resource

An Ohio appeals court rules that a promissory note held by a Medicaid applicant’s spouse is a countable resource, finding that the state law excluding promissory notes from countable resources applies only to promissory notes held by Medicaid applicants, not their spouses. Estate of Montgomery v. Ohio Dept. of Job and Family Services (Ohio Ct. App., 5th Dist., No. 11 CAH 06 0054, Feb. 14, 2012).

3. Discretionary Trust Is an Available Resource in Determining Medicaid Eligibility

An Ohio appeals court affirms the state’s denial of Medicaid benefits to a deceased nursing home resident’s estate, concluding that the resident’s irrevocable discretionary trust was an available asset for purposes of Medicaid eligibility. Gsellman v. Ohio Dept. of Job and Family Services (Ohio Ct. App., 9th Dist., No. 25954, April 11, 2012).

(Related: Proposed Changes to the VA Pension Program)

4. Son Liable for Mother’s Nursing Home Bill Under Filial Responsibility Law

A Pennsylvania appeals court finds a son liable for his mother’s $93,000 nursing home bill under the state’s filial responsibility law. Health Care & Retirement Corporation of America v. Pittas (Pa. Super. Ct., No. 536 EDA 2011, May 7, 2012).

5. Annuity Purchases Are Transfers Subject to Penalty Period

A federal district court holds that Medicaid applicants whose spouses purchased annuities for themselves with community resources after the date of institutionalization were subject to a penalty period because the purchases constituted transfers above the community spouse resource allowance (CSRA). Hughes v. Colbert (N.D. Ohio, No 5:10CV1781, May 29, 2012).

6. 3rd Circuit Says PA’s Pooled Trust Age Limit and Other Restrictions Must Go

Ruling on a challenge to a Pennsylvania law, the Third Circuit Court of Appeals holds that those over age 65 may transfer assets into a pooled trust, although they may still be subject to a transfer-of-assets penalty. Lewis v. Alexander (3rd Cir., No. 11-3439, June 20, 2012).

(Related: Elder Abuse Not Unique to James and Etta Jennings’ Overwhelming Story)

7. Annuity Purchased Post-Initial Eligibility Determination Is Not Available Resource

Reversing a district court, a U.S. Court of Appeals holds that an annuity is an unavailable resource even if it is purchased in addition to the community spouse resource allowance, and that there is no transfer penalty for the couple’s purchase of the annuity prior to a determination of Medicaid eligibility. Morris v. Okla. Dept. of Human Services (10th Cir., No. 10-6241, July 9, 2012).

8. State Can Recover Assets Transferred Before Medicaid Recipient’s Death

Reversing a lower court decision, the Idaho Supreme Court holds that the state can recover assets from the estate of a Medicaid recipient’s spouse that were transferred to the spouse before the Medicaid recipient died. In Re Estate of Perry (Idaho, No. 38694, Aug. 9, 2012).

9. Second Circuit Affirms That Income Stream from Annuity Is Not an Asset for Medicaid Purposes

The U.S. Court of Appeals for the Second Circuit upholds a district court ruling that Connecticut cannot treat the income stream from an annuity as an available asset for the purposes of Medicaid eligibility. Lopes v. Dept. of Social Services (2nd Cir., No. 10-3741-cv, Oct. 2, 2012).

(Related: Medicaid Applicant Denied for Uncompensated Transfer of Assets)

10. Transfer of House from Trust to Husband Subjects Wife to Penalty Period

An Ohio appeals court rules that the transfer of a house from a revocable trust benefiting the husband to the husband’s name subjects his wife to a Medicaid penalty period. Williams v. Ohio Dept. of Job & Family Servs. (Ohio App. 3d, No. 8-11-18, Oct. 9, 2012).

Christopher J. Berry is a Michigan elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

The American Association of Retired Persons (AARP) has comer out in strong opposition to a chained CPI. An estimated 70 percent of voters above the age of 50 have stated that they are against the chained CPI – and that includes a wide swatch of Republicans, too (60 percent). Eighty-four percent of votes age 50 and up have stated that Social Security should not be part of a budget-deficit plan, as it is a self-financed system.
Social Security cuts make people nervous, for good reason; it’s taking away much-needed find for people who rely on Social Security for all or most of their income. The money is needed for the elderly, the disabled, retired people on fixed incomes – Social Security is not a luxury item.

If you have concerns about your Social Security or Medicare, please let me help you explore your benefits options.

Christopher J. Berry is a Michigan estate planning attorney and Medicaid planning lawyer dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

• Veterans of Iraq and Afghanistan have a 75 percent higher rate of fatal motor vehicle accidents than do civilians (with a large portion of these being from motorcycle wrecks).
• Veterans are much more likely to be in a wreck in the six months after deployment than the six months before deployment.
• The more combat tours the veterans had completed the higher risk that they become involved in an accident.

These numbers are startling, but there are some explanations.

Some theorize that troops come back with driving habits that help them while deployed (rushing through intersections, etc.) that help survive overseas but contribute to higher wrecks back at home.

Others theorize that post traumatic stress disorder, which is becoming all too common in returning troops, causes aggressive driving.

Personally, I wonder if there’s another explanation.  Suicide amongst veterans is the leading cause of non-battle deaths.  Social scientists have long understood that suicides dramatically increase after a highly publicized suicide.  This is known as the Werther effect.  However, not only do obvious suicides increase, but fatal car accidents and even plane accidents increase significantly after a publicized suicide.  The theory is that for many people, they do not want to have appeared to have killed themselves.  Instead, they may purposefully cause a wreck or accident so it seems that they died accidentally.

Regardless, these men and women have served us, and our military owes it to them to try and help protect them from these fatal accidents, whatever the cause.

Families of malpractice victims can pursue a variety of medical malpractice damages if a medical professional’s negligence is found to have caused the injury. A Cleveland medical malpractice lawyer can provide guidance to Ohio families pursuing compensation for damages in a vegetative state case.

Economic Damages in a Vegetative State Case 

Economic damages include reimbursement for all financial costs paid in order to treat the injury and resultant medical condition: 

• hospital bills;
• surgical procedures;
• X-rays;
• diagnostic testing;
• medications; and
• any other medical bills that the family must pay out of pocket in order to treat the victim’s injury.

Continuous care for individuals in a vegetative state is necessary, and compensation may also address these expenses. In Ohio there are no caps on economic damages, which means that if a family has $250,000 in medical bills, that is the amount of medical malpractice damages that may be pursued in a Cleveland case with medical malpractice lawyers in Ohio. 

Non-Economic Damages in a Vegetative State Case 

Non-economic damages are things that do not have a definitive monetary value. Also called emotional damages, they include pain and suffering and loss of enjoyment of life. Families should go over the non-economic damages that might be included in a Cleveland malpractice case with medical malpractice lawyers in Ohio.

In Ohio, a person can is limited to how much non-economic damages can be recovered. The damages are limited to the greater of $250,000 or triple the amount of the economic damages, whichever is higher. The usual limit is $500,000 per occurrence or $350,000 per plaintiff. However, in extreme cases of deformity or physical injury, the caps increase to $1 million total or $500,000 per plaintiff. 

Punitive Damages 

In cases of intentional acts of injury or cases of gross negligence, punitive damages may be awarded. These potential medical malpractice damages are to punish the offender for the wrongdoing.

Punitive damages are rare in medical malpractice cases and when they are awarded, they are done so by a judge, not a jury. They are limited to twice the amount of total compensatory damages, which is the sum of the economic and non-economic damages. A Cleveland medical malpractice lawyer can help Ohio families determine if punitive damages apply to their cases.

Help Recovering Medical Malpractice Damages 

In Ohio, Mellino Robenalt LLC can help families of patients in a vegetative state because of medical negligence establish and pursue medical malpractice damages. Families of victims can call (440) 333-3800 to set up a consultation with a Cleveland medical malpractice lawyer so they may review the details of their vegetative state case and begin talking about legal action.