Author: jmhadmin

We Work Hard for You and Fight for Your Personal Injury Case

Topics
Dog Bites and Animal Attacks

Dog bites and animal attacks in New York State It must be established that the animal had vicious propensities. It must be established that the owner or one who harbors the animal had prior notice. The owner of a wild animal is absolutely liable even without any prior notice.

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Categories: Dog Bites
Workers Compensation Liens

The History of Worker's Compensation "Liens" goes back to 1922. In the Modern Era, Comparative Negligence and Itemized Verdicts are the Law. Assume the Workers' Compensation Carrier Were to Start an Independent Subrogation Action. Ethical Considerations for Attorneys Representing Two Competing Claimants. Workers' Compensation Interplay With Medicaid and Ahlborn Considerations

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Categories: Labor Law
Medicaid “Lien” Resolution

In most jurisdictions, all the money recovered in most personal injury actions should go to the injured Plaintiff. Avoid the conflict of interests in representing two competing parties, the injured Plaintiff and the State. Attorneys are creating "equitible liens" by suing for medical expenses in personal injury actions to the detriment of the client. In Upstate New York, Medicaid is considered to have a "lien" for a proportionate share of the recovery

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Categories: Medicare and Medicaid
Workers’ Compensation Liens II

A. WORKERS COMPENSATION - A SHORT HISTORY B. ETHICAL COMPONENTS C. FACTUAL CONTEXT POINT I: SEVERENCE OF THE TWO CONFLICTING CLAIMS IS AN ETHICALLY PRUDENT POINT II: IT IS ARCHAIC TO MAINTAIN THAT CLAIMS & CAUSES OF ACTION ARE INDIVISIBLE CONCLUSION: WORKERS’ COMPENSATION CARRIERS SHOULD ASSUME RESPONSIBILITY FOR PROSECUTION OF THEIR OWN RECOVERY

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Categories: Labor Law
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