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Rem Jackson Law Offices 1002 Lititz Pike #191 | Lititz, Pennsylvania 17543 | (717) 238-3668 | www.TopPractices.com
Rem Jackson Law Offices
Road To Justice Starts HereTheJu
ne 2
013
A c c i d e n t s | N u r s i n g H o m e N e g l e c t | I n s u r a n c e
what’s inside
page 2
Enjoy the view
Will a pre-existing
injury ruin my
workers’ comp claim?
page 3
Hip replacements that
cause more trouble
than they solve
Did you know?
page 4
New legislation may
help injured first
responders with long-
term health problems
It is abundantly clear that wearing a helmet while
riding a motorcycle saves lives and reduces the
number and severity of head and neck injuries.
According to estimates by the National Highway
Traffic Safety Administration, for every 100 rid-
ers killed in motorcycle crashes who were not
wearing helmets, 37 would have survived had
they been wear-
ing one—an
eye-opening
statistic.
It’s for this rea-
son that a vast
majority of states
have laws that
require at least
some riders to
wear helmets, if
not all. For those
who don’t wear a
helmet, and possibly defy the law, there is a price
to pay that goes beyond one’s health – a dimin-
ished ability to recover monetarily for head and
neck injuries.
If your state has a helmet law and you were not
wearing one upon sustaining a head or neck
injury, it will be extremely difficult to recover
damages for this type of injury. You would have
to prove that you would have been injured even
if you had been wearing a helmet—a daunting
task for any attorney.
Even if there is no state helmet law and you
were not wearing
a helmet upon
suffering a head
or neck injury,
it may still be a
tough go as far as
collecting damag-
es. If your failure
to wear a helmet
contributed to
the severity of
your injuries, you
may be found
“comparatively
negligent,” meaning you are partially responsible
for your own injuries, which will reduce your
recovery accordingly.
If you sustain injuries due to a motorcycle ac-
cident, contact a motorcycle accident attorney to
safeguard your rights. ■
HOW MOTORCYCLE HELMET LAWS
affect injury claims
Manfred F. Ricciardelli, Jr., LLC 3 Prospect Street | Morristown, NJ 07960 | (973) 285-1100 | www.MFRLawOffice.com
Manfred F. Ricciardel l i , J r. , LLC
Fighting for You and Your FamilyJune
201
3
W o r k e r ’ s C o m p e n s a t i o n | P e r s o n a l I n j u r y | S o c i a l S e c u r i t y D i s a b i l i t y
www.facebook.com/mfrlawoffice
www.twitter.com/njworkinjurylaw
www.njworkinjurylaw.net
www.TopPractices.com | June 2013 | 32 | June 2013 | www.TopPractices.com
If you’ve ever gazed at the sky and seen a mesmerizing
display of brilliant arcs, curtains, or spirals of color; cloud
silhouettes; or a plasma effect projecting an eerie glow,
chances are you’ve witnessed the northern lights, or aurora
borealis. Shades of green and pink predominate, but strong
displays can include most colors of the spectrum.
The northern lights are caused by collisions between
gaseous particles in the earth’s atmosphere and charged
particles spewed out by the sun that arrive here via solar
wind. Most of the sun’s particles are deflected by the earth’s
magnetic field; however, the magnetic field is weakest at
the magnetic poles, which is often where the sun’s particles
crash the party.
The collisions between the earth’s and sun’s particles cause
electrons in the atoms to advance to a higher-energy state.
When things die down a bit to a lower-energy state, pho-
tons are released—in other words, light. Collisions with
different elements (e.g., oxygen, nitrogen, etc.) produce dif-
ferent colors.
The northern lights are most often seen in the far north
latitudes (seems logical), but stronger displays can extend
as far southward as the latitude of the southern United
States. There is a counterpart to the aurora borealis in the
southern hemisphere – the aurora australis.
The northern lights have been intertwined with religious
and mythological accounts over the vast expanse of time.
And no wonder…their mysteriousness, beauty, and awe-
inspiring qualities can easily lead to a little introspection.
Just make sure to enjoy the view. ■
WILL A PRE-EXISTING INJURY RUIN MY
workers’ comp claim?Cathlyn Acker was
a meat department
employee at a Whole
Foods Market. One
day at work, she
was carrying trays
of chicken out of a
walk-in cooler when
her left foot got caught in some shelving. She ended up
falling and landing on her right leg. She was diagnosed
with an “extensive post-traumatic bone bruise” and a tear
in her meniscus.
If Acker was hurt at work, why did Whole Foods deny
her workers’ comp claim? Well, less than a week earlier,
she stepped in a hole in her backyard and twisted her
left ankle. Whole Foods said that her injuries could have
come from the incident at home.
One doctor testified that, even if the meniscus tear ex-
isted before Acker tripped at work, the work accident
would have aggravated a pre-existing condition. Work
injuries that aggravate a previous condition are compen-
sable under workers’ compensation law. On top of that,
Whole Foods didn’t present any medical testimony that
contradicted Acker’s evidence.
It was decided that Acker’s work accident caused injuries
to her right knee, left hip, and back. She was awarded
medical compensation, wage compensation and tempo-
rary partial disability payments.
Have you been hurt in a work accident? An experience
workers’ compensation attorney can help you get the
benefits you and your family need. ■
enjoy the view
www.TopPractices.com | June 2013 | 32 | June 2013 | www.TopPractices.com
WILL A PRE-EXISTING INJURY RUIN MY
workers’ comp claim?
hip replacements THAT CAUSE MORE TROUBLE THAN THEY SOLVE
did you know?
The last few years have not been good ones for the
reputation of hip implants, or for the health of those
who received them. The DePuy ASR XL Acetabular
System and ASR Hip Resurfacing System, both man-
ufactured by DePuy Orthopaedics, a subsidiary of
Johnson & Johnson, were recalled in August 2010.
Medical device manufacturer Stryker announced
a voluntary recall of two of its products—the
Rejuvenator and ABG II artificial hip implants—on
July 6, 2012.
And now another DePuy Orthopaedics hip implant
is gathering momentum toward a possible recall –
DePuy Pinnacle.
Generally speaking, the problem with these hip im-
plants is that they are metal-on-metal devices that are
prone to breaking down early, often within five years.
This can lead to the release of microscopic metallic
particles caused by friction in the implant, resulting in
the death of surrounding soft tissue as well as pseu-
dotumors (buildup of fluid and pus). Severe hip pain
and difficulty walking or standing are some of the
unsavory by-products.
In addition, patients may have to undergo a second
surgery (revision surgery) to remove the implant and
have another one inserted, accompanied by all the
surgical risks that entails. Even after additional sur-
gery, there is no guarantee that all metal particles will
have been successfully removed.
If you have been the recipient of one of the above hip
implants and are experiencing related health issues,
contact your doctor and a product liability attorney.
Filing suit against negligent manufacturers is the only
way to protect your rights and to hopefully rid the
market of these unsafe products. ■
According to a new survey, nearly two-thirds of adults use their cell
phones while driving with kids in the car; one-third of adults even
admit to texting while driving with their kids.
There’s no disputing the facts anymore – cell phones and driving just
don’t mix.
In 2011, across the U.S., there were over 3,300 deaths and 400,000 injuries from crashes that were caused by distracted driving. The
number one reason for those crashes? Cell phone use while driving.
So, the next time you hop in the car to take your children to soccer practice, to school or the mall, please keep your cell phone
parked in your purse or your pocket. Make sure you and your family arrive safely. ■
June
201
3 Im
port
ant
Dat
esJu
ne 1
– A
tlant
ic h
urri
cane
sea
son
begi
ns
June
14
– Fl
ag D
ay
June
16
– Fa
ther
’s D
ay
June
21
– Fi
rst
day
of s
umm
er
www.MFRLawOffice.com | June 2013 | 32 | June 2013 | www.MFRLawOffice.com
www.TopPractices.com | June 2013 | 32 | June 2013 | www.TopPractices.com
If you’ve ever gazed at the sky and seen a mesmerizing
display of brilliant arcs, curtains, or spirals of color; cloud
silhouettes; or a plasma effect projecting an eerie glow,
chances are you’ve witnessed the northern lights, or aurora
borealis. Shades of green and pink predominate, but strong
displays can include most colors of the spectrum.
The northern lights are caused by collisions between
gaseous particles in the earth’s atmosphere and charged
particles spewed out by the sun that arrive here via solar
wind. Most of the sun’s particles are deflected by the earth’s
magnetic field; however, the magnetic field is weakest at
the magnetic poles, which is often where the sun’s particles
crash the party.
The collisions between the earth’s and sun’s particles cause
electrons in the atoms to advance to a higher-energy state.
When things die down a bit to a lower-energy state, pho-
tons are released—in other words, light. Collisions with
different elements (e.g., oxygen, nitrogen, etc.) produce dif-
ferent colors.
The northern lights are most often seen in the far north
latitudes (seems logical), but stronger displays can extend
as far southward as the latitude of the southern United
States. There is a counterpart to the aurora borealis in the
southern hemisphere – the aurora australis.
The northern lights have been intertwined with religious
and mythological accounts over the vast expanse of time.
And no wonder…their mysteriousness, beauty, and awe-
inspiring qualities can easily lead to a little introspection.
Just make sure to enjoy the view. ■
WILL A PRE-EXISTING INJURY RUIN MY
workers’ comp claim?Cathlyn Acker was
a meat department
employee at a Whole
Foods Market. One
day at work, she
was carrying trays
of chicken out of a
walk-in cooler when
her left foot got caught in some shelving. She ended up
falling and landing on her right leg. She was diagnosed
with an “extensive post-traumatic bone bruise” and a tear
in her meniscus.
If Acker was hurt at work, why did Whole Foods deny
her workers’ comp claim? Well, less than a week earlier,
she stepped in a hole in her backyard and twisted her
left ankle. Whole Foods said that her injuries could have
come from the incident at home.
One doctor testified that, even if the meniscus tear ex-
isted before Acker tripped at work, the work accident
would have aggravated a pre-existing condition. Work
injuries that aggravate a previous condition are compen-
sable under workers’ compensation law. On top of that,
Whole Foods didn’t present any medical testimony that
contradicted Acker’s evidence.
It was decided that Acker’s work accident caused injuries
to her right knee, left hip, and back. She was awarded
medical compensation, wage compensation and tempo-
rary partial disability payments.
Have you been hurt in a work accident? An experience
workers’ compensation attorney can help you get the
benefits you and your family need. ■
enjoy the view
www.TopPractices.com | June 2013 | 32 | June 2013 | www.TopPractices.com
WILL A PRE-EXISTING INJURY RUIN MY
workers’ comp claim?
hip replacements THAT CAUSE MORE TROUBLE THAN THEY SOLVE
did you know?
The last few years have not been good ones for the
reputation of hip implants, or for the health of those
who received them. The DePuy ASR XL Acetabular
System and ASR Hip Resurfacing System, both man-
ufactured by DePuy Orthopaedics, a subsidiary of
Johnson & Johnson, were recalled in August 2010.
Medical device manufacturer Stryker announced
a voluntary recall of two of its products—the
Rejuvenator and ABG II artificial hip implants—on
July 6, 2012.
And now another DePuy Orthopaedics hip implant
is gathering momentum toward a possible recall –
DePuy Pinnacle.
Generally speaking, the problem with these hip im-
plants is that they are metal-on-metal devices that are
prone to breaking down early, often within five years.
This can lead to the release of microscopic metallic
particles caused by friction in the implant, resulting in
the death of surrounding soft tissue as well as pseu-
dotumors (buildup of fluid and pus). Severe hip pain
and difficulty walking or standing are some of the
unsavory by-products.
In addition, patients may have to undergo a second
surgery (revision surgery) to remove the implant and
have another one inserted, accompanied by all the
surgical risks that entails. Even after additional sur-
gery, there is no guarantee that all metal particles will
have been successfully removed.
If you have been the recipient of one of the above hip
implants and are experiencing related health issues,
contact your doctor and a product liability attorney.
Filing suit against negligent manufacturers is the only
way to protect your rights and to hopefully rid the
market of these unsafe products. ■
According to a new survey, nearly two-thirds of adults use their cell
phones while driving with kids in the car; one-third of adults even
admit to texting while driving with their kids.
There’s no disputing the facts anymore – cell phones and driving just
don’t mix.
In 2011, across the U.S., there were over 3,300 deaths and 400,000 injuries from crashes that were caused by distracted driving. The
number one reason for those crashes? Cell phone use while driving.
So, the next time you hop in the car to take your children to soccer practice, to school or the mall, please keep your cell phone
parked in your purse or your pocket. Make sure you and your family arrive safely. ■
June
201
3 Im
port
ant
Dat
esJu
ne 1
– A
tlant
ic h
urri
cane
sea
son
begi
ns
June
14
– Fl
ag D
ay
June
16
– Fa
ther
’s D
ay
June
21
– Fi
rst
day
of s
umm
er
www.MFRLawOffice.com | June 2013 | 32 | June 2013 | www.MFRLawOffice.com
Recently, the NJ Senate Labor Committee approved bill S-1778, which will ensure that first responders receive health care and compensation for medical conditions they develop in the line of duty. This bill focuses on long-term health problems like cancer, PTSD, and respiratory issues.
Every day on the job, first responders sacrifice their own safety to protect others. While responding to dangerous or catastrophic events, they are at risk for both a work injury and exposure to hazardous materials. Medical conditions resulting from an occu-pational exposure may not show symptoms right away. In fact, it can take years before you realize something is wrong.
Senator Linda R. Greenstein said, “We cannot ignore that these health problems have a direct correlation to high-risk emergency situations and it is our duty to provide these men and women with the compensation and health care they have earned.”
In most NJ workers’ compensation cases, the employee has the burden of proof. This means he or she has to prove that the injury or expo-sure is work-related. However, under this new legislation, the employer would actually have to prove that the condition is not work-related. The bill would protect paid and volunteer firefight-ers, police, first aid squad members, nurses, and other emergency personnel. The bill was approved with a vote of 3-0-2, and it will now head to the full Senate for consideration.
Manfred Ricciardelli is a workers’ compensation attorney and a volunteer firefighter for the Morris Township Fire Department. ■
NEW LEGISLATION MAY HELP INJURED FIRST RESPONDERS WITH long-term health problems
Rem Jackson Law Offices 1002 Lititz Pike #191
Lititz, Pennsylvania 17543
(717) 238-3668
www.TopPractices.com
This publication is intended to educate the general public about personal injury, medical malpractice, and other issues. It is for information purposes only and is not intended to be legal advice. Prior to acting on any information contained here, you should seek and retain competent counsel. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety.
SEE PAGE ONE
HOW MOTORCYCLEHELMET LAWS AFFECT
injury claims
V i s i t u s a t www . To p P r a c t i c e s . c o m
Recently, the NJ Senate Labor Committee approved bill S-1778, which will ensure that first responders receive health care and compensation for medical conditions they develop in the line of duty. This bill focuses on long-term health problems like cancer, PTSD, and respiratory issues.
Every day on the job, first responders sacrifice their own safety to protect others. While responding to dangerous or catastrophic events, they are at risk for both a work injury and exposure to hazardous materials. Medical conditions resulting from an occu-pational exposure may not show symptoms right away. In fact, it can take years before you realize something is wrong.
Senator Linda R. Greenstein said, “We cannot ignore that these health problems have a direct correlation to high-risk emergency situations and it is our duty to provide these men and women with the compensation and health care they have earned.”
In most NJ workers’ compensation cases, the employee has the burden of proof. This means he or she has to prove that the injury or expo-sure is work-related. However, under this new legislation, the employer would actually have to prove that the condition is not work-related. The bill would protect paid and volunteer firefight-ers, police, first aid squad members, nurses, and other emergency personnel. The bill was approved with a vote of 3-0-2, and it will now head to the full Senate for consideration.
Manfred Ricciardelli is a workers’ compensation attorney and a volunteer firefighter for the Morris Township Fire Department. ■
NEW LEGISLATION MAY HELP INJURED FIRST RESPONDERS WITH long-term health problems
Rem Jackson Law Offices 1002 Lititz Pike #191
Lititz, Pennsylvania 17543
(717) 238-3668
www.TopPractices.com
This publication is intended to educate the general public about personal injury, medical malpractice, and other issues. It is for information purposes only and is not intended to be legal advice. Prior to acting on any information contained here, you should seek and retain competent counsel. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety.
SEE PAGE ONE
HOW MOTORCYCLEHELMET LAWS AFFECT
injury claims
V i s i t u s a t www . To p P r a c t i c e s . c o m
3 Prospect Street • Morristown, NJ 07960 (973) 285-1100 • www.MFRLawOffice.com
V i s i t u s a t www .MFR L a wO f f i c e . c o m
This publication is intended to educate the general public about personal injury, and other issues. It is for information purposes only and is not intended to be legal advice. Prior to acting on any information contained here, you should seek and retain competent counsel. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety.
