New York State Government Cracks Down Compensation Scammers

Dec 14

Los Angeles LawyerCompensation Claim Compensation Claim No Comments

Over the previous weeks, the State Government of New York has arrested 18 people who have been charged with workers’ compensation fraud.

A worker’s compensation fraud is a crime and a civil violation which mainly affects the consumers and businesses in many ways. It is actually considered as a serious crime by the New York State Department of Financial Services. Common victims of such deceitful practice are the honest business owners and tax payers who are forced to carry the burden of higher premiums.

Imagine a tax payer or an insurer is required to make up for every dollar paid out because of insurance fraud with a corresponding increase in premiums. Because of that, the cost of doing business in his or her state also increases. Business growth and success are being discouraged in this system.

To crack down compensation fraud, the Office of the Inspector General of the New York State Worker’s Compensation Board, the New York State Insurance Fund and other insurers headed by the New York Department of Financial Services, conducted a joint-investigation.

As a result of the said investigation, 18 compensation fraud artists were arrested. The investigation also found out that those arrested individuals are currently working while receiving worker’s compensation claim.

Definitely, those arrested compensation scammers have never expected that there will come a time that they will be under investigation for the compensation claim that they are currently receiving.

Sometimes life is unfair. Come to think of it, there are thousands of poor people who are permanently disabled out there who cannot be able to obtain such benefits; while those fraud artists are capable of working are constantly receiving the compensation claim that they don’t deserve. Meanwhile, tax payers and insurers are doing their best to pay for the high premium taxes while scammers are just freely enjoying their earned money.

Bravo to the agencies behind the successful –joint-investigation done to eliminate compensation frauds. They’ve done a good job.

Wrongful Death Claim Filed Against Pomona Police Department

Dec 09

Los Angeles LawyerWrongful Death Claim No Comments

After the fatal shooting of the Pomona Police Department against the 26-year-old Latino – Andres Avila, the Pomona Police Department is now facing wrongful death claim filed by the victim’s family.

The shooting incident occurred last October 16 at Avila’s own residence in 900 Block West Holt Avenue, Pomona. However, it all started on the 4th of July when a police entered and chased him for uncertain reason. Avila attempted to run for fear of his own life but he was beaten by the police. Said incident was recorded by Avila’s family through a cell phone video.

Due to that incident, Avila filed a written complaint against the police officer who trespass and beat him in his own house.

Three months later, Avila was shot by the same police officer who caused the disturbance in his house. Allegedly, Avila was asleep in his car when two police officers ordered him to step out and was then shot. Avila was pronounced dead on the spot.

Avila’s family together with their California personal injury attorney filed a wrongful death claim against the Pomona Police Department regarding two incidents executed by the same police officer.

The Pomona Police Department had not given their comments yet while referring the inquiries to the Sheriff’s Department since the latter is the one handling the investigation.

Apparently, there is a deep root to this incident and it seems that the police officer abused his authority. Aside from the wrongful death claim, he might also possibly face an administrative case. Hopefully, justice will be found and may the guilty be held responsible for his deeds.

2 – Year Old Kid Sustained Brain Injury After Mother Glued Her on the Wall and Beat

Nov 30

Los Angeles LawyerBrain Injury Claim, Personal Injury No Comments

Mother, mom, mama, whatever you want to call her – would still be a loving mother to her very child no matter what happens. Mothers as they always had in the past – fulfill their role in raising children with all the love and care they could bring.

This brief definition of a mother obviously does not apply to a woman from Dallas who glued her 2 – year old daughter’s hand on the wall and extremely beat the baby until she was unconscious.

The 22 – year old Elizabeth Escalona will now be facing charges, particularly if her daughter dies after the brutal experience that she had suffered from the hand of her own mother.

Escalona’s family and friends said that they knew even before that Escalona was a bad mother. According to them, she would always beat her children as a way of punishment. However, they have never thought that it would come to the point that Escalona would beat her child to death.

Escalona’s 2 – year old daughter is now in the hospital and is in critical condition from a head injury after Escalona’s beating. Based on doctors’ findings, bruises are all over the little girl’s body and she has a broken rib. Her head injury may eventually lead to permanent brain damage.

The child was reportedly dragged by her mother by the feet from the kitchen to the other part of their apartment. She put glue on her daughter’s hand and fastened it on the wall which causes the same to bleed and then she beat the child using her shoe and a belt. Still discontented, she also kicked the girl in the stomach and beat it once with what the cops called a “jug of milk”.

According to Escalona, the little girl had stained her pants; therefore, she just deserve punishment. The bad mother already considered this as a mortal sin.

When Escalona was done on her poor daughter, she called her mother and said that something went wrong with the kid. When the grandmother arrived, she immediately took the unconscious child to the hospital.

The little girl’s three other siblings are already in a protective custody while Joselyn is still in an unconscious state and it’s not yet determined whether she’ll survive or not from the personal injury she sustained.

It’s very hard to understand why there are such mothers who can afford to hurt their own children. Brain injury claim are just some of the charges she might be facing. Now, she’ll be the next one to be punished.

Black Friday Shoppers Being Warned About Toxic Toys

Nov 24

Los Angeles LawyerUncategorized No Comments

It is Black Friday again in California – the time of the year when Christmas shopping starts. It is expected that thousands of shoppers will storm various retail shops that offer promotional sales the day after Thanksgiving. Amidst the shopping craze, buyers should not forget to mind the items they are buying, especially toys.

Recent reports have said that California Public Interest Research Group (CALPIRG) has identified at least 12 toys being sold in the market as unsafe for children. The group’s annual report, “Trouble in Toyland”, has said that some toys in the market violate federal standards because they contain toxic amount of lead, chemicals, and choking hazards. Some of the determined unsafe toys include Hello Kitty key chain, eye shadow set, Honda toy motorcycle, and Tinkerbell watch.

Pursuant to Consumer Product Safety Act (CPSA), product manufacturers and retailers are responsible for ensuring the welfare of the consumers by producing only safe merchandises. Additionally, in 2008, Congress has passed a resolution that limits the allowable level of lead concentrations on children’s products in order to assure consumer safety. CALPIRG has claimed that the products they have determined unsafe did not pass the evaluation concerning lead contamination.

Under California personal injury law, manufacturers and retailers may be subjected to legal charges if their product has injured a person. In such situation, the injured consumer may file a products liability claim against the manufacturer as well as the seller. Legal remedy often includes compensations for the victim’s injuries and pain and suffering damages.

For more information about products liability claim in California, you may consult with an expert Los Angeles attorney. Your lawyer will guide you throughout the litigation process. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Spinal Cord Injury from Rugby Game Reduced in Scotland

Nov 23

Los Angeles LawyerPersonal Injury, Spinal Cord Injury No Comments

For the past three years, spinal cord injury victims from rugby game are ever increasing in numbers which has been an alarming issue for Scotland.

Rugby is a kind of football game which is named after the Rugby school at the United Kingdom where the game originated. The game is played by allowing ball handling, but no one is allowed to run with it in their hands towards the opposition’s goal. This sport often causes serious personal injuries to players.

Way back in 2009, Scottish international rugby player Thom Evans was forced to end his rugby career at a very young age due to the severe spinal cord injury he sustained from the game after colliding with Wales player – Lee Byrne.

The increasing number of school boy rugby players suffering from spinal injuries had caused the proper authorities concerned to find ways to avoid or even reduce personal injuries that can be sustained from the game.

As a resolution to the predicament, the Scottish Rugby Union (SRU), being seriously affected by the past consecutive accidents for years, had set new rules changing several traditional regulations of the game.

The new set of rules had been actually implemented last year and since then, there have been no serious spinal cord injuries recorded among school boy players.

Under the new rules, school boys under the age of sixteen are not allowed to play in under – 17 and under – 18 level matches of the game. Furthermore, teachers, coaches and referees are required to undergo a special safety training course.

Now, the Scottish rugby association is proud to present the outcome of their new set of rules which has reduced and actually stopped the growing number of spinal cord injury victims from rugby game.

If only a new law has been set earlier, then such spinal cord injury and other personal injury related to the game could have been avoided. However, it was never too late for the new generation of rugby players.

San Diego Railroad Trespasser Severely Injured, May Face Legal Charges

Nov 22

Los Angeles LawyerUncategorized 1 Comment

Alcohol and trespassing is not a good combination. In San Diego, a 27-year-old woman was seriously injured when she attempted to jump into a moving train. Reports said that the victim’s right arm and toes had to be amputated due to the severity of her injuries.

The woman’s companion, a 34-year-old male was able to hop on to the train traveling about 7mph. However, the female failed to go on board the train and landed on the rails before getting hit by a tanker car. The victim’s companion leapt off from the train to take her to the nearest hospital. According to San Diego Sheriff’s Department, the two trespassers are believed to be under the influence of alcohol when the train accident happened.

Under the California Penal Code 369i (West 1999) and 554 (West 1999), the actions done by the victim and her companion are illegal. Pursuant to the said State laws, any person who enters railway premises without the permission of the transportation commission or authority may be legally charged under the law.

Trespassing on railroad properties has become a serious threat for some Californians. According to Federal Transportation Administration (FRA), trespassing is one of the major causes of train accidents in the country. Furthermore, according to FRA’s Office of Safety Analysis, in 2007 alone, 473 people were killed due to trespassing incidences.

To learn more information about California laws concerning train accidents, you may consult with an expert Los Angeles personal injury attorney. Your lawyer will guide you throughout the litigation process. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

In – Vitro Fertilization Survivors Appeal for Survivor Benefits Claim

Nov 17

Los Angeles LawyerSurvivor Benefits Claim No Comments

Eventually, the Washington Supreme Court has agreed to resolve whether a child born through in vitro fertilization after a father’s death will be entitled to social security survivor benefits claim.

In vitro fertilization is a method by which egg cells are fertilized by sperm outside of the body. The method involves hormonally controlling the ovulation process, removing egg cells from the woman’s ovary and allowing sperm to fertilize them in a fluid medium. When eggs were fertilized, it will be formed as zygotes and will then be transferred to the women’s uterus for the purpose of establishing a successful pregnancy.

About a hundred claims related into such case are pending before the social security administration while authorities are trying to decide how the Depression – era should be interpreted in this period of modern reproductive technology.

It was in 1939 when the Social Security System has provided a benefit to the survivors, like spouse and children of a deceased wage earner. However, whether these benefits should be extended to children who were born in a modern reproductive way such as in – vitro fertilization is still unclear.

Way back those years, in vitro fertilization and other modern reproductive technology were yet to be discovered. And probably they have no any idea that such thing could be made possible during that time. Therefore, it was not specified on the social security system policy then.

In Karen Capatos case, her twins were born 18 months after her husband, Robert died. Robert is a wage earner. The married couple lived a happy life until Robert was diagnosed with esophageal cancer. Right after he learned about his illness, he deposited semen in a sperm bank. There is no doubt that he was the father of Karen’s twins.

However, the Social Security officials denied Capatos’ survivor benefit claims in behalf of her twins. The administration stated that under the Florida law, children who were not born at the time of a parent’s death will not be entitled to such claims as well as to his or her properties.

Capato brought her claim to the Supreme Court where she won her appeals. Juries said that unquestioned biological children of a deceased wage earner and his surviving spouse and children under the Social Security Act and so are entitled to the benefits.

The US 9th Circuit of Appeals in San Francisco had given a similar view hereof, while two Court of Appeals in the South had decided that children born through in vitro fertilization did not qualify for survivor benefits claim.

Current rules and policies of the administration are still very traditional. Obviously, the federal state laws currently need some clear modifications regarding this matter.

As a resolution, the Social Security Commissioner Michael Astrue prayed to the higher court to decide on the issue. The court granted his prayer and set a hearing on March and final verdict will be laid down by the end of June.

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