- Steve Lombardi | February 29, 2008 6:50 PM |
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Automobile AccidentsClients make a crucial mistake when they listen to insurance companies' propaganda about how trial lawyers can't be trusted. If the insurance industry can get you to take the bait and delay getting a lawyer, they can then settle with you for the wrecked car, take possession of the wreck and destroy the evidence.A car accident was reported on by the Newton Daily News, out of North Monroe...
- Steve Lombardi | February 28, 2008 12:00 AM |
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Workplace InjuriesI have a pretty good analogy that should help answer this question. Think of a car. If there isn't gas in the tank the car can't run. Workers' compensation benefits works a lot like that car engine. If you don't have a medical opinion relating your injury to a work event then the workers' compensation benefits engine won't start up. Medical opinions are the fuel of the workers' compensation...
- Steve Lombardi | February 27, 2008 10:50 AM |
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MiscellaneousThis is the summary from the Iowa Court of Appeals decision from February 27, 2008. Periodically I intend to republish selected decision summaries having to do with torts, personal injury or just cases of interest that touch on what could lead to a civil claim for damages. Civil trial lawyers may find criminal cases of interest because they suggest appropriate jury instructions in a civil case....
- Steve Lombardi | February 26, 2008 8:45 AM |
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Workplace InjuriesQUESTION: I injured my shoulder on the job six months ago. I am scheduled for surgery. I would like to know what the proper procedure is for dealing with work comp. What I am entitled to in Iowa formula weekly while out? I also have been told that I probably will not be able to go back to the same work. Will I receive a settlement and how should i go about this in legal form would like to...
- Steve Lombardi | February 25, 2008 12:00 AM |
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Head & Brain InjuriesSo why should the railroad be liable? Having played Monopoly you probably have a warm fuzzy place in your mind for Reading Railroad. You have to get over that sentimentality with the jury.A train with many cars is stopped in a city or town. The train has many cars and those cars once stopped block several of the streets in the city or town. The rail cars are black and this particular night it's...
- Steve Lombardi | February 24, 2008 12:00 AM |
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MiscellaneousWe are all sheep being lead by the insurance industry to the Promised Land. The insurance industry has become the new religion. Plaintiff attorneys are being portrayed as the devil.The lead has us all wetted for what is going to be a funny story. And you can almost hear the writer say: Let me tell you a funny story. A new SUV for Christmas, a bunch of guys out to duck hunt first stop for a few...
- Steve Lombardi | February 22, 2008 12:00 AM |
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Defective & Dangerous ProductsKill the lawyers! I mean kill ALL the lawyers! What my drugs are tainted? I meant kill all the tort-deformers!Could the next recall scandal be prescription drugs from China?I pose that question and ask you, "Can we afford the same problems with drugs as we have with toys?" Take a look at this quote from We've already highlighted the New York Times story this week that exposed the frightening...
- Steve Lombardi | February 21, 2008 10:00 AM |
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MiscellaneousWhat do drunken lemurs and a Dilbert cartoon have in common with a rotten catfish?Perhaps employees need the right to sue employers when the bosses leave common sense out of decision making and then waste tax payer resources in an attempt to punish employees exhibiting a sense of humor. Consider the following: David Steward worked on a floating gambling barge, I mean casino. His employer was the...
- Steve Lombardi | February 21, 2008 12:00 AM |
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Defective & Dangerous ProductsVail Enclosed Bed System, a suffocation hazard.This is one of those warnings that people will think "frivolous" right up until the day their spouse or child is discovered dead in bed. The FDA's final warning on the Vail Enclosed Bed System were issued and warns that the bed poses a health risk in that it can trap the user and suffocate them. People are using these beds at home. So be aware this...
- Steve Lombardi | February 20, 2008 12:00 AM |
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Defective & Dangerous ProductsAnd if you can't answer these questions then stop whining about all the crappy toys the Chinese are sending into our market, you have only yourself to blame. Stop wasting our time with having to listen to your drivel, call you Congressman and complain about tort deform and those deforming the system.If you are whining about the shoddy products coming in from China then stop you probably have no...
- Steve Lombardi | February 19, 2008 12:00 AM |
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Defective & Dangerous ProductsDentists and orthopedic surgeons need to maintain the equipment they use or it can lead to patient's getting severely burned. Defective products can be very dangerous if not properly maintained. We all hate reading instruction or user manuals but as business owners we have a duty to our customers, clients and patients to protect them. The FDA is warning dentists that poorly maintained electrical...
- Steve Lombardi | February 18, 2008 12:00 AM |
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MiscellaneousCrime, a victim and a load of debt. On a quick shopping trip to Wal-Mart she was stabbed by a would-be purse snatcher. Reportedly she had insurance that paid many of her medical bills, but still has $10,000.00 of debt that isn't going away and has been put further out of reach by the assault. What should she do? Cheryl Larsen-Kear was preparing for a funeral trip when she was stabbed. On a...
- Steve Lombardi | February 17, 2008 12:00 AM |
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Automobile AccidentsIf you've had your car repaired at the local body shop, and you're involved in a post-repair accident you might consider having the car towed to a different body shop. There are indications that air bag repairs are being improperly performed. You, the owner, are told the airbag is being "repacked", when in fact that is a meaningless repair and the airbag will not deploy again.* A deployed airbag...
- Steve Lombardi | February 16, 2008 12:06 AM |
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Workplace InjuriesMedicare set-aside trusts, social security set-off language and workers' compensation benefits complicate any settlement. Know what you're doing or don't do it. There is more than what I've described, but this part of the protocol is being posted to give both attorneys unfamiliar with this area and clients who need direction in selecting a competent lawyer to see what is involved. It's...
- Steve Lombardi | February 15, 2008 12:00 AM |
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Workplace InjuriesThe risks are obvious and include the adverse effects from inhalation, skin absorption, fire, joint and muscle overuse and nervous system disorders. You as the lawyer have to know everything about the workers job description, actual work order and extent to which exposure takes place. Getting the client involved in drycleaning shop education, prevention and risk management is an option that...
- Steve Lombardi | February 14, 2008 12:00 AM |
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Workplace InjuriesBefore you can know about worker exposure levels you have to know the number of machines, the capacity of the machines and the age of the machinery being used. From that information you will begin to see how the drycleaning environment is working.Machine Design and Number of Machines -- Evaluation of operator exposures indicated that the most important factor affecting PERC exposure was the...
- Steve Lombardi | February 13, 2008 12:00 AM |
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Workplace InjuriesAs a drycleaning worker your concerns should be how to prevent fires and then what will happen if there is one.Fire Hazards - Drycleaning with petroleum-based solvents differs significantly from drycleaning with PERC. The difference goes beyond the fact that the petroleum-based solvents are flammable and PERC is not. However, when the health and safety hazards of petroleum-based solvents are...
- Steve Lombardi | February 12, 2008 4:56 PM |
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Workplace InjuriesAn employee working out of Minnesota at the ethanol plant under construction near Mona, Iowa has died. Few details are available although Iowa Occupational Safety Health are investigating. IOSH. OSHA. The employer is Fagen Engineering out of Granite Falls, Minn. The work site is Absolute Energy. We'll blawg more on this later.
- Steve Lombardi | February 12, 2008 3:30 PM |
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Defective & Dangerous ProductsChattem, Inc. in hot water over Icy Hot Therapy Air-Activated Heat patches.Icy Hot Medicated Patches are being recalled by Chattem, Inc. of Chattanooga, Tenn. because of some are just too darn hot. Some consumers reported burns, including second and third degree burns.
- Steve Lombardi | February 12, 2008 12:00 AM |
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Workplace InjuriesErgonomics helps us know how to avoid cumulative trauma type injuries. Remember, human capital wears out.Ergonomic Risk Factors - Doctor Stevenson is an economist I will quote. "Human capital wears out." It's that simple. If you do the same activity enough times the joints used will wear out over time. Pressing and removing wet tangled clothes puts stress on joints that can cause the affected...
- Steve Lombardi | February 11, 2008 12:00 AM |
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Workplace InjuriesIf maintenance is being ignored or improperly performed the drycleaning workers exposures to PERC may be increased. Machine Maintenance - Real-time evaluation of drycleaning machine maintenance showed that exposures during maintenance were less than exposures during loading/unloading or transfer. Maintenance activities that were evaluated included cleaning the drycleaning machine's lint trap,...
- Steve Lombardi | February 10, 2008 12:00 AM |
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Workplace InjuriesThis is a high risk exposure job. Obviously you have to know what personal protective equipment is used, whether maintained and if properly fitted. Look at the equipment, examine it, don't assume it all works as expected or intended. Waterproofing - Clients will know if the drycleaner where they work offers this service, if they perform waterproofing and how they do it. This same type of process...
- Steve Lombardi | February 10, 2008 12:00 AM |
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FDA & Prescription DrugsBefore you submit to the Botox fad be mindful of the adverse reactions possible. This post discusses those reactions and includes the link to the FDA full report. The FDA has issued an early communication, or warning, that Botox and Botox Cosmetic are being reviewed for safety warnings in light of reports received. There are reports of systemic adverse reactions including respiratory compromise...
- Steve Lombardi | February 09, 2008 12:00 AM |
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Workplace InjuriesThere is much ado made about "regulations" and how it makes lowers our competitiveness worldwide. Perhaps that is true, but there is a hidden cost to ignoring working environment safety. Medical costs for illnesses will certainly increase. There is no free lunch with safety. Personal Protective Equipment - This is the workers first line of defense. But just having personal protective equipment...
- Steve Lombardi | February 08, 2008 12:00 AM |
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Workplace InjuriesMaterial substitution, isolation of activities, machine design, proper maintenance, ventilation and work practices are the six ways to control exposure to PERC. Control of Exposure to Perchloroethylene in Commercial Drycleaning - Perchloroethylene (PERC) is the most commonly used drycleaning solvent so unless you know otherwise assume that is the chemical being used. We know from the previous...
- Steve Lombardi | February 07, 2008 12:00 AM |
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Workplace InjuriesDrycleaner workers need to protect themselves by knowing the signs, symptoms and illnesses that drycleaning chemicals can cause. Exposure to Spotting Chemicals - What I would suggest is that if you work at a drycleaner business and have any of the conditions discussed below that you assume you're being exposed to solvents and see a doctor. After you receive a medical opinion then consider filing...
- Steve Lombardi | February 06, 2008 12:00 AM |
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Workplace InjuriesSan Franciso, CA - A 300-ft tower crane collapsed onto the intersection of two major streets in downtown San Francisco during the morning rush hour. The accident fatally injured four crew members on the crane and a bus driven on the street below. Twenty-two pedestrians were also injured by falling crane pieces or flying debris.Seattle Washington - "The biggest issue for discussion was probably...
- Steve Lombardi | February 06, 2008 12:00 AM |
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Workplace InjuriesThe key to avoiding PERC is don't breath the vapors. Know the shop you work in and how air flow is maintained. Obviously you need to keep filters clean.Ventilation - Most of the shops studied had inadequate local and general ventilation systems to control worker exposures. Local ventilation can be used to reduce inhalation exposure during a variety of tasks, such as loading/unloading the...
- Steve Lombardi | February 05, 2008 12:00 AM |
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Workplace InjuriesPERC exposure of drycleaner workers can be a health hazard. You should know the risks, symptoms associated with exposure and how it can affect your brain, nervous system, internal organs and long term health.Perchloroethylene (PERC) is the most commonly used drycleaning solvent. PERC can enter the body through respiratory and dermal exposure. Symptoms associated with exposure include: depression...
- Steve Lombardi | February 05, 2008 12:00 AM |
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FDA & Prescription DrugsFDA issued a Class I Recall of Medtronic Inc, SynchroMed EL Implantable Infusion Pump Models 8626-10, 8626L-10, 8626-18, 8626L-18, 8627-10, 8627L-10, 8627-18, and 8627L-18. The device administers drugs to a specific site in the body to treat pain, spasticity (continuous muscle contraction), and cancer. The pump is implanted in the patient, either with or without a side catheter access port,...
- Steve Lombardi | February 04, 2008 2:30 PM |
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MiscellaneousAARP has done a good job of explaining how patients should view their HMO and health plans from HMO's. Read on and that pain in your side will surely subside after a good half hour. Medical insurance explained by AARP - (Research done by the AARP Legal Department)Q. What does HMO stand for? A. This is actually a variation of the phrase , "HEY MOE " Its roots go back to a concept pioneered by Moe...
- Steve Lombardi | February 04, 2008 12:00 AM |
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Workplace InjuriesPotential Hazards - Perchloroethylene (PERC) - In the U.S. PERC is the most commonly used drycleaning solvent and is also occasionally used as a spotting agent. PERC can enter the human body through both respiratory and dermal exposure. Although nonflammable, if PERC is heated sufficiently, thermal decomposition will result in the formation of hydrogen chloride and phosgene gases. Symptoms...
- Steve Lombardi | February 04, 2008 12:00 AM |
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Motorcycle AccidentsThe 5th Annual Iowa Motorcycle Safety Forum is scheduled for March 14, 2008 at the Sheraton West Des Moines Hotel, 1800 50th Street, West Des Moines. You can download the agenda by following the link.
- Steve Lombardi | February 03, 2008 1:00 PM |
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Workplace InjuriesReports concerning a construction site accident are circulating. Omaha - Sioux City -A Glenwood, Iowa man died Saturday after being injured when a crane at a gas pipeline construction site in Pacific Junction collapsed and crushed him.This is the type of case that involves both workers' compensation and the general personal injury area of Iowa construction law. The employee worked for WHC Inc....
- Steve Lombardi | February 03, 2008 12:00 AM |
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Workplace InjuriesDrycleaning 101 moves into the next stage, identifying the machines used in the different stages. We can't begin to identify the risks without a firm understanding of the machinery involved.PERC Exposure Controls - The NIOSH study evaluated the primary working hypothesis that four general categories of drycleaning machines were capable of maintaining an 8-hour TWA personal exposure to PERC of...
- Steve Lombardi | February 02, 2008 12:00 AM |
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FDA & Prescription DrugsThe FDA has put out a warning concerning certain drugs used to treat epilepsy and other psychiatric disorders. If you are taking any medications to treat these types of disorders you need to read this warning. The results were generally consistent among the eleven drugs. The relative risk for suicidality was higher in patients with epilepsy compared to patients who were given one of the drugs in...
- Steve Lombardi | February 02, 2008 12:00 AM |
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Workplace InjuriesTypical Drycleaning Process -- The typical process begins when garments are brought to the shop by customers or arrive by van from another "satellite shop," which does no drycleaning on site. Garments are initially tagged for identification. Prior to spotting or being loaded into the drycleaning machine, garments are typically inspected and sorted according to weight, color, and finish. Modern...
- Steve Lombardi | February 01, 2008 9:00 AM |
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Defective & Dangerous ProductsThe FDA posts a monthly listing of products labeling changes that you need to know if you take any of the following drugs.The October 2007 posting includes 49 drug products with safety labeling changes to the following sections: BOXED WARNING, CONTRAINDICATIONS, WARNINGS, PRECAUTIONS, ADVERSE REACTIONS, and PATIENT PACKAGE INSERTS, and MEDICATION GUIDES. The Summary Page provides a listing of...
- Steve Lombardi | February 01, 2008 12:00 AM |
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Workplace InjuriesThat is a significant number of employees working in an industry that is inherently risky with risks that are not so obvious. These are risks not many people know about. This is a multi-part series at injuryboard.com. We will explore the risks, how dry cleaning workers can identify the risks and can protect themselves. I've taken most of this material from the NIOSH site. I've rewritten and...