Author Archives: Edgar Romano

How do we Earn your Trust?

Workers compensation claims are not just about money-- it can dictate the worker's quality of life after an injury.

Today’s post is from my colleague Roger Moore of Nebraska.

In its most basic form, trust is defined as “reliance on the integrity, strength, and ability of a person”.

Trust can also be defined as “a person on whom one relies”.

I was reminded of this earlier this week when a client for whom I had settled a case dropped by our office. This client had been a truck driver and lived out of state. While we were working on his case we never had the opportunity to meet in person, yet he came to trust me to look out for his best interests and advise him along the course of his workers’ compensation injury. He came by to thank me for the work I had done for him which had been completed over a year and a half ago.

As I spoke with him I began to understand how stressful it must be to trust someone who lives halfway across the country and with whom you may never meet in person. This is a unique aspect of trucking cases we handle which isn’t found in other types of work-related injuries.

Due to his injury he was unable to return to trucking. However, we were able to negotiate a settlement which allowed him to live his life again. As I spoke with him I began to understand how stressful it must be to trust someone who lives halfway across the country and with whom you may never meet in person. This is a unique aspect of trucking cases we handle which isn’t found in other types of work-related injuries.

He told me that over time I had earned his trust by answering his questions, promptly returning his phone calls, and by helping him navigate the minefield of his worker’s compensation claim. He relied upon me and my abilities to lead him through the stress of his injury claim. The same can be true of any injury-related claim whether it’s due to a vehicle accident, slip and fall or Social Security Disability claim.

It’s easy to take for granted how much clients rely upon their lawyers in a time of need, and it’s good to be reminded of this from time to time. That is why I endeavor to speak with clients until all their questions have been answered. The pain and financial difficulties clients suffer from only add to the difficulty of fully trusting someone else. That great burden is not lost upon me.

Image: adamr / FreeDigitalPhotos.net

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Victor Pasternack Inducted Into The Prestigious College Of Workers Compensation Lawyers

Victor Pasternack

Victor Pasternack

On Saturday, March 10th, Senior Partner Victor Pasternack was inducted in the Class of 2012 as a Fellow of the prestigious College of Workers Compensation Lawyers. Pasternack is the sixth Fellow from the state of New York. The induction ceremony was held at the College’s winter meeting in San Antonio. Senior Partners Edgar Romano and Catherine Stanton traveled with Victor to San Antonio to attend the induction ceremony.

 

College of Workers Compensation LawyersThe College of Workers’ Compensation Lawyers honors attorneys who have distinguished themselves in their practice in the field of workers’ compensation. Members have been nominated for the outstanding traits they have developed in their practice of twenty years, or longer, representing plaintiffs, defendants, serving as judges, or acting for the benefit of all in education, overseeing agencies and developing legislation.  Inductees have convinced their peers, the bar, bench and public that they possess the highest professional qualifications and ethical standards, character, integrity, professional expertise and leadership.  They have a commitment to fostering and furthering the objectives of the College and have shown significant evidence of scholarship, teaching, lecturing, and/or distinguished published writings on Workers’ Compensation or related fields of law.  In addition to these characteristics, a Fellow is expected to display the following traits in their day to day practice of workers’ compensation and related fields:

  • A Fellow stands out to newer attorneys as a model of professionalism in deportment and advocacy;
  • A Fellow has earned the respect of the bench, opposing counsel and the community;
  • A Fellow displays civility in an adversarial relationship;
  • A Fellow avoids allowing ideological differences to affect civility in negotiations, litigation and other aspects of law practice;
  • A Fellow demonstrates an active interest in resolving issues;
  • A Fellow is a student of the law;
  • A Fellow has a thirst for knowledge in all areas of the law that affects their representation of their clients in Workers’ Compensation or their duties in adjudicating cases brought before them;
  • A Fellow actively participates in the state, local and/or National Bar.

All Fellows take the following Oath.

“By accepting your Fellowship in the College you commit yourself to life long dedication to the maintenance of the highest standards of professional conduct, and scholarly pursuits; absolute integrity with clients, opponents, colleagues and the bench; to excellence in the presentation of law and fact designed to produce to the trier of fact and the decider of law the most reasoned of result; and to a demeanor which manifests respect for the legal process and its participants.”

Congratulations to Victor and his fellow inductees.

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Support the UJA Federation and Sports for Youth With Us

Senior Partner Edgar Romano

Senior Partner Edgar Romano

Our partner Edgar Romano is riding on the UJA-Federation of New York and Sports For Youth team in the 2012 TD Five Boro Bike Tour on Sunday, May 6th. Romano has committed to fundraise for the UJA and its Sports for Youth program. You can check in on his progress toward his fundraising goal and donate by clicking here. We commend our partner on his philanthropic efforts and hope you will support him in this worthy cause.

If you would like to participate in the Five Boro Bike Tour as a member of the UJA Federation/Sports for Youth Team, you can sign up by clicking here.

2012 TD Five Boro Bike TourThe tour is America’s largest cycling event. It is a 40 mile, traffic-free ride for 32,000 cyclists through all five boros of New York city, and cyclists will tell you that it is the best way to see New York City.

 

UJA-Federation of New York & Sports for Youth

UJA-Federation of New York helps 4.5 million people in New York, in Israel, and around the world. Its network of agencies can feed the hungry, shelter the homeless, and train the unemployed. UJA-Federation of New York can respond quickly in a crisis, and can direct aid where it will do the most good – efficiently, effectively, and compassionately.

Sports for Youth, an initiative of UJA-Federation of New York, enables children of all ethnic and religious backgrounds, as well as all ages and athletic abilities, to enjoy sports. Grants provided by Sports for Youth benefit more than 12,000 children directly and countless others at JCCs and Ys, camps, and other agencies with sports-related programs.

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Drug Watch: Darvon and Darvocet Deadly Side Effects

Today’s post is by guest blogger Brenda Fulmer.

Darvon and Darvocet, the branded versions of the prescription medication also known as propoxyphene, have been used for decades to treat mild to moderate pain. These drugs have been taken by millions of patients who suffered from arthritis, back injuries, trauma, surgery, and other painful conditions. These drugs have been the “go-to” painkillers for a number of primary care physicians and ER doctors for years. Their widespread use, however, has given patients and doctors a false sense of safety. Darvon and Darvocet, which most recently have only been sold as propoxyphene by generic manufacturers, were finally recalled and pulled from the market in late 2010, after a number of patients suffered injuries or died as a result of their ingestion of the drugs.

Since propoxyphene was first launched in 1957, the Food and Drug Administration (“FDA”) has received more than 2,100 reports of serious problems relating to use of the medications, including the following:

  • Cardiac arrest;
  • Death;
  • Overdose; and
  • Suicide.

Since the FDA may only receive reports for less than 1% of adverse drug reactions, and the safety issues associated with Darvon and Darvocet have not been well publicized prior to 2010, it is likely that tens of thousands Continue reading →

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Facebook Dangers You Need To Know About

Our post for today comes from our colleague Brody Ockander of Nebraska.

More than likely, you’re on Facebook if you are reading this. If you are not, the chances are very good that you know a close friend or family member who is on Facebook, MySpace, or Twitter.

Most of us never think twice about what we post on these social media sites. However, depending on the privacy settings of your profile, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in. That “anyone” could be the defense lawyer or insurance adjuster if you are currently involved in a Workers’ Compensation action.

Depending on your privacy settings, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in.

“What do I have to hide?” you ask. Well, often times these status updates, photos, or wall postings may be misunderstood or taken out of context. For example, a status update stating “Just got done mowing the lawn” might not look very good to someone that is off work for a back injury, and it would be hard to explain that even though you mowed the lawn, it took you two pain pills to do so and caused you extreme suffering later that night that you couldn’t even sleep the price you paid in mowing that lawn.

Here’s what you can do to avoid some pitfalls from Facebook:

  1. Adjust your privacy settings so that only your “friends” can see your status, wall, and photos. Continue reading →

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The Hidden Dangers Of Holiday Employment

Crowds of last minute shoppers make dangerous conditions for workers.

Our post for today comes to us from our colleague Jon Gelman. Seasonal employment can provide welcome income during the holidays, but it can bring dangerous working conditions along with it.

This holiday season, more than in the past, there will be a serious challenge to workers who are taking on temporary jobs. As the economy continues to be in the ditch, more people are being hired for jobs for which they are untrained and unfamiliar. Injuries will result.

Temporary employees who are injured at work are not accustomed to the procedural requirements to give their employers notice of the injury, and the correct manner and method to seek approved medical treatment. Additionally, benefits paid to seasonal workers are notoriously low and paid sporadically so the computation of rate benefits becomes an issue.

As Eve Tahmincioglu recently pointed out, “employees who end up in retail stores often face grueling conditions Continue reading →

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The Most Dangerous Toys of 2011

The Power Rangers Samurai Mega Blade is made to poke an eye out.

Giving a gift to a child is meant to end in a smile, not a trip to the hospital. According to the Consumer Products Safety Commission, in 2009 there were approximately 250,000 toy-related trips to the emergency room. The non-profit World Against Toys Causing Harm (WATCH) is looking to reduce that number. They have compiled their annual list of the 10 most dangerous toys. While none are as dangerous as the Radioactive Science Kit sold in the 1950’s, the toys on WATCH’s list pose risks for choking, electrocution, puncture wounds and a host of other injuries. We urge you to avoid purchasing these toys or allowing your children to play with them.

1. Twist ‘n Sort
The toy has already been recalled once because its small pegs can detach, posing a choking hazard to young children. Even after the recall, this problem has not been fixed.
TWIST ‘n SORT
2. Power Rangers Samurai Mega Blade
This is not a toy, it is a 2 foot long sword. The first few warnings on the package should be enough to scare off any concerned parent: “Do not: (1) aim toy at anyone, (2) hit anyone with toy, (3) poke anyone with toy, (4) swing toy at anyone.” Used correctly, this toy is dangerous. Used safely, this toy is useless.

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Drug Watch: Propecia Causes Permanent Sexual Dysfunction

Taking Propecia may have dangerous and permanent side effects.

Propecia, a popular drug also known as the generic finasteride, has been used to treat male hair loss. Propecia is manufactured by Merck & Co., Inc. Although there is no cure for hair loss, Propecia can temporarily stop hair loss and regrow hair.

Propecia belongs to the 5-alpha-reductase inhibitor (5-ARI) class of drugs, which can reduce hair loss by blocking a hormone known as dihydrotestosterone (DHT). Propecia decreases DHT levels, which can help to stop hair loss and regrow hair. Propecia comes in tablet form and is taken daily. It is often used by young men who have experienced premature loss of their hair. Proscar is a stronger version of finasteride which is generally prescribed to older women who have enlarged prostates, but has also been used by patients who were seeking to save and money and chose to cut up the Proscar pills in order to ingest the equivalent of the lower dose of finasteride contained in Propecia in order to treat their baldness.

The label revision is based on the FDA’s review of two studies, which showed that the drug boosts the chances of developing “high-grade” prostate cancer.

Earlier this year, Continue reading →

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