Louisville Personal Injury Lawyer - Miscellaneous

Karl Truman Law Office Donated Wii to Masonic Homes of Kentucky

Karl Truman — Mon, 31 Aug 2009 17:46:36 GMT

Thanks to the efforts initiated by the InjuryBoard, the Karl Truman Law Office donated a Wii to the rehabilitation facility of the Masonic Homes of Kentucky. The donation was featured in their newsletter the Masonic Home Journal.

Everyone at the home was extremely greatful. It was personally very rewarding bowling on the Wii with the seniors. Watching them smile and laugh and have a great time made it all worthwhile.

Originally posted at InjuryBoard by Karl Truman

Senator Mitch McConnell Plans to Oppose Nomination of Judge Sotomayor

Karl Truman — Mon, 31 Aug 2009 17:10:19 GMT

Kentucky Republican, Mitch McConnell plans to deliver a senate floor speech on Monday against the nominating of Judge, Sonia Sotomayor to Supreme Court Justice. The Courier-Journal (Louisville, KY) reported the Senate Minority Leader as stating Judge Sotomayor has

An alarming lack of respect for the notion of equal justice.”

"Over the years, Americans have accepted significant ideological differences in the kinds of men and women that various presidents have nominated to the Supreme Court. But one thing Americans will never tolerate in a nominee is a belief that some groups are more deserving of a fair shake than others. Nothing could be more offensive to the American sensibility than that."

Amidst the weeklong Judiciary Committee Hearings last week, many GOP Senators praised Judge Sotomayor, despite some harsh testimony from outside witnesses such as Frank Ricci, the lead plaintiff in the Ricci v. DeStefano case in which city firefighters claimed reverse discrimination when their test results were thrown out when no African American firefighters had passed and were therefore excluded from obtaining a promotion.

A Second Circuit panel that included Sotomayor in the 7-6 majority affirmed the lower court's ruling that the city had a right not to certify the test. The case reached the Supreme Court this year and was overruled in a 5–4 decision that found the white firefighters had been victims of racial discrimination when they were denied a promotion.

Many speculated that Republicans would use Sotomayor's decision as evidence that she might let her personal and political views influence her decisions.

Judge Sotomayor has won the support of some Republicans; the Courier-Journal (Louisville, KY) provided that:

Senators Richard Lugar of Indiana, the Senate's most senior Republican; Mel Martinez of Florida, its lone Hispanic Republican; and Olympia Snowe of Maine all announced they'd vote for Sotomayor, praising her qualifications.

The week long confirmation hearing commenced on Thursday last week, many felt as though the judge had kept her answers safe and had cleared all the major hurdles. A decision is likely to be handed down prior to the August recess.

Originally posted at InjuryBoard by Karl Truman

Michigan Proposes Harsher Penalties for Insurance Companies Acting in Bad Faith

Karl Truman — Wed, 15 Jul 2009 14:03:26 GMT

In Michigan, a new bill on the table proposes that insurance companies that delay its responses to claims or deny legitimate claims may be fined up to $1 million dollars and impose a five year felony sentence for insurance executives. The bill would apply to home, auto, and health insurance companies. The Detroit Free Press (Christoff) reported that:

The Democrats' 12-bill package would allow the state insurance commissioner to levy a fine of up to $1 million. It would create civil penalties up to triple the cost of the original claim and 5-year felonies for insurance company executives who encourage wrongful denial of claims.

The Insurance Industry contends that the bill will promote frivolous lawsuits, drive up the cost of insurance, and exaggerates the number of legitimate claims actually denied by insurance companies each year.

Supports of the bill argue that the existing laws in place designed to handle bad faith issues with insurance companies are not strong enough and to curtail the denying of legitimate claims.

The Grand Rapids Press provides that the 12 package bill is designed to:

•Strengthen consumer protections, punishing companies who unnecessarily delay or deny rightful claims with fines up to $1 million.

• Hold accountable corporate leaders who encourage wrongful denial of claims, making the misconduct a felony punishable by prison and hefty fines.

• Create a whistle-blower protection plan to shield employees who report an insurance company is engaging in wrongful denial.

• Require companies to repair a consumer's credit that has been harmed by wrongful denial.

Rep. Mike Huckleberry, D-Greenville, said the legislation would not only protect consumers but also protect whistle-blowers. Huckleberry said seven of 10 people filing bankruptcy for medical reasons have health insurance that should have covered their medical costs.

Currently, there are very few states with stronger insurance laws. It remains to be seen if more states such as Indiana and Kentucky will follow Michigan’s trend or if such legislation will continue to be in the minority.

Originally posted at InjuryBoard by Karl Truman

The Battle Continues Over Health Care Reform

Karl Truman — Wed, 08 Jul 2009 10:30:43 GMT

The heath care reform debate continues to rage now that Obama has pledge to have a new policy enacted by October of this year.

The AP reported that,

"President Barack Obama and Democrats pushing to overhaul health care want to create an optional, government-run plan to compete with private insurers not replace them."

Obama was quoted as telling a health forum last week, "We're not suddenly just going to completely upend the system. We want to build on what works about the system and fix what's broken about the system."

The AP further stated that:

It’s been estimated that roughly $15 million has been spent on ads favoring the Democrats' push to revamp the health care system and $4 million to oppose it. Another $12 million has gone to ads generally favoring better health care — nearly all of it by the Pharmaceutical Research and Manufacturers of America, representing drug makers, which hopes its market will expand if more people have insurance.

While many agree that the health care system in general is in need of reform, many are in disagreement over how to revamp the system. Many Republicans question how much this plan will cost and where the money will come from, the LA Times reported that:

The promised change won't come without a substantial price tag, as new estimates from the Congressional Budget Office highlighted. Democrats had hoped to craft a bill costing less than $1 trillion over 10 years, but the office's analysis suggested that the cost of one Senate measure could be closer to $1.6 trillion and the other about $1 trillion.

On Wednesday, July 1st, President Obama held a Town Hall meeting on the matter to address the issue of health care reform and touched on the issue of cost. The meeting was held online and was open to the public. To review the transcipts and video of the meeting click here.

Originally posted at InjuryBoard by Karl Truman

The Basics on Boating Safety Equipment and Regulations

Karl Truman — Fri, 05 Jun 2009 08:30:25 GMT

While boating is one of the most enjoyable family activities, being in open water comes with its own rules of etiquette and laws. These rules and regulations make boating fun and enjoyable for everyone and help to ensure the safety of those sharing the waters.

Before leaving the dock, boaters should check their safety equipment to ensure that it is in proper working order. The United States Coast Guard Auxiliary requires that each boat have:

Life jackets
Registration and numbering
Navigation lights
Ventilation
Fire extinguishers
Distress signals (flares, horn, etc.)
Battery cover and connections

These items are mandatory and must be in working condition. One of the best ways to avoid getting a ticket for faulty equipment and/or failure to satisfy the minimum safety requirements is to have the United States Coast Guard inspect the boat. The Vessel Safety Check program is co-sponsored by the U.S. Coast Guard Auxiliary and the United States Power Squadrons. These checks are free and many local marinas will have the closet contact information.

While out in the waters, boating etiquette dictates that boaters are responsible for their own wakes and any damages it causes. When approaching a boat towing an individual behind it, that boat has the right of way and all others must yield. This prevents another wake from interfering with the person being towed. It also helps to ensure that individual will not be run over by another boat, should he or she fall.

The Kentucky Department of Fish and Wildlife- Law Enforcement Division provides that boaters and persons operating a Personal Watercraft that are towing another individual must have someone else on board who is at least 12 years of age or older supervising the individual being towed. In the absence of such a person, the boat or personal watercraft must have a mirror with a minimum of a 160 degree field of vision.

Kentucky law prohibits Operating Under the Influence (OPI) and has become more stringent throughout the years. In Kentucky, a person operating a boat with Blood Alcohol Content of .08% is considered boating under the influence. It is also prohibited to drink in Kentucky public waterways. Not only does this help reduce boating accidents and fatalities, it helps to ensure a safe and family friendly environment.

Although boating brings with it a lot of responsibility, most can agree that it’s well worth the reward. When boaters act responsibility and take the necessary precautions to help ensure the safety of passengers and of those sharing the waterways, it makes boating great activity for everyone.

Originally posted at InjuryBoard by Karl Truman

The Basics on Life Jackets

Karl Truman — Wed, 03 Jun 2009 12:10:48 GMT

Now that summer is upon us, checking our boats to ensure we have the proper equipment for our passengers is a must. Many of us have heard the term Personal Flotation Device (PFD), also known as a life jacket. While most of us are aware of its importance, few people know the standard requirements for a personal floatation devices or that there are different types.

All life jackets onboard a motorboat must be approved by the U.S. Coast Guard. The U.S. Coast Guard requires that there be one life jacket on board for each person on the vessel. These PFDs must be easily accessible, meaning that a reasonable person must be able to reach the life jacket and put it on within a reasonable amount of time in the case of an emergency (sinking boat, fire, etc.).

This means that PFDs should not be locked in cabin compartments or have geared stowed on top of them. Furthermore, life jackets should not be tied in plastic bags since this may hinder people from accessing them during an emergency.

All persons on a personal watercraft, such as a jet ski, must wear a PFD . The same applies to persons being towed behind a motorboat (for example: jet skiing or tubing).

There are 5 types of life jackets; they are labeled types I-V. The Kentucky Department of Fish and Wildlife Resources provides some helpful information in distinguishing between the types of PFDs available:

Type I is an Offshore Life Jacket which is designed for rough waters and is commonly used in instances where rescue is not immediately anticipated.

Type II is the opposite of Type I PDFs. These are called Near-Shore Vest, which are best used in calm waters when fast rescue is likely.

Type III life jackets are called full-sleeved jackets and are good for calm waters. They are not recommended for rough waters since most will not turn unconscious persons facing an upwards position.

Type IV floatation devices are not wearable, but rather for throwing to stranded persons in the water.

Type V is commonly called a Special-Use Device. They are often designed for a specific use such as wind surfing or jet-skiing.

It is important for individuals shopping for life jackets to check the labels on all life jackets they wish to purchase to ensure it meets the approval of the U.S. Coast Guard and is designed for their saftey needs.

Originally posted at InjuryBoard by Karl Truman

Boating Safety Tips for the Summer

Karl Truman — Mon, 01 Jun 2009 17:46:50 GMT

Now that summer is here many families and friends will be taking out their boats and heading down to the waters. While boating is a great summertime activity, there are certain precautions one must to take to ensure the safety of everyone on board and to ensure the safety of those sharing the waters.

The Kentucky Department of Fish and Wildlife Resources reported in August 2008 that last summer’s boating season resulted in the deaths of 5 individuals-the lowest in 5 years. This is a significant drop from 2007, in which 13 people lost their lives due to boating accidents.

In an effort to continue this decreasing trend in fatalities, the Kentucky Department of Fish and Wildlife Resources provides some helpful tips to keep families safe.

For example, persons must be 12 years of age or older in order to operate a motor boat or any personal watercraft that has 10 horse power or higher.

In addition, children from the ages of 12-17 must carry a Kentucky Safe Boating Certificate Card or in the alternative, have a certificate showing completion of a National Association of State Boating Law Administrators (NASBLA) boater education course.

In the absence of a certificate indicating completion of such a course, persons 12 years of age and under must be accompanied by an adult 18 years of age or older. This requirement includes not only motorboats, but personal watercrafts as well.

All children 12 years of age or under must wear a lifejacket if they are seated in an open portion of the boat that is in motion.

It is important to note that regardless of age, everyone should wear a life jacket and educate themselves on boater safety. The best way to accomplish this is to complete a boater safety course similar to those provided by the United States Power Squadron and the U.S. Coast Guard Auxiliary.

Originally posted at InjuryBoard by Karl Truman

Social Security Disability Experiencing Backlog

Karl Truman — Sun, 24 May 2009 18:16:37 GMT

The national average processing time for the month of March 2009 was 501 days, which is two days above January and February 2009. The cumulative average processing time for the first six months of fiscal year (FY) 2009 was 490 days, a lower number attributable to an average processing time of 479 dyas for October to December 2008, the first quarter of FY 2009. It appears that the processing time is creeping up after some months of improvement.

A growing problem appears to be getting case decisions by the Administrative Law Judges. The average time waiting for a decision to be written has increased. What do the numbers from the backlogs tell us?

- Average processing times are staying around 500 days.

- The number of pending hearings has dropped three months in a row.

- The number of hearings requested has increased about 10% this fiscal year.

- Dispositions are clearly up from last year.

- The number of decisions waiting to be written continues to climb. The number of decisions to be written per decision writer is also climbing.

- The number of cases pending to be pulled is dropping, with the number of days a case is waiting to be pulled at the lowest level in nearly five years.

The backlog continues to frustrate claimants and attorneys alike. Those applying for disability benefits often have little means to subsist while their claim is pending.

Information provided by the National Organization of Social Security Claimants' Representatives also known as NOSSCR.

Originally posted at InjuryBoard by Karl Truman

The Credit Card Legislation Act of 2009

Karl Truman — Fri, 22 May 2009 13:57:18 GMT

CNN Money Reports that Obama is set to sign new-credit card legislation today. The Credit Card Legislation Act of 2009 includes a consumer “Bill of Rights” geared towards protecting consumers and makes it more difficult for credit card companies to increase interest rates.

Under the act, interest rate hikes are prohibited unless the credit card holder is late 60 days or more with a payment. Even then, the original interest rate must be reinstated if the card holder has maintained six months of steady payments.

Furthermore, if a consumer is subjected to an interest rate increase, the credit card companies are banned from retroactively applying that new interest rate to pre-existing balances.

For example, a consumer has a credit card with a balance of $5,000 and is notified by their credit card company that their interest rate is increasing due to a late payment. That new rate only applies to any new purchases. After six months of regular timely payments the interest rate will divert back to the original interest rate.

The act also changes the way credit card payments are applied. Although minimum monthly payments will be allocated as usual, overage fees must be applied to the charges bearing the highest interest rate.

The act is scheduled to come into effect in approximately nine months. Opponents of the act contend that it may force credit card companies to drop some of its risky card holders and may make it more difficult for small businesses to obtain credit cards.

In an article titled US Retailers Fear New Law Could Curtail Store Credit Cards, some retailers are asserting that the new legislation will decrease business. This is largely because store cards are often used to offset the price of a big ticket item. This is done by either offering an immediate discount or teaser rates of no payments or interest for six months.

Now, retailers may have to conduct a more thorough credit report on the consumer. Retailers claim this could now take days instead of minutes, which would deter some people from purchasing expensive items.

CNN Money reported that:

Treasury Secretary Tim Geithner said Monday he was not concerned about a consumer debt "bubble."

"Americans are going to be reducing how much they borrow, improving their balance sheets, saving more," he said. "Banks are still going to have losses they're going to have to adjust to. And that's what's going to make the process of repair here longer. . .But that's a necessary, healthy process of adjustment for us to go through."

Originally posted at InjuryBoard by Karl Truman

Lawsuit Filed Over Swine Flu

Karl Truman — Tue, 19 May 2009 13:28:51 GMT

Steven Trunnell filed a wrongful death lawsuit against Smithfield Foods, the world's largest pork producer, headquartered in Virginia. Smithfield Foods is the owner of the large pig farm located in Perote, Mexico, where the first cases of the H1N1 flu (Swine flu) were belived to be detected.

Mr. Trunnell’s wife, Judy Dominguez Trunnell became the first American to die from the Swine flu outbreak. Mrs. Trunnell, a 33 year old Special Education teacher, was eight months pregnant when she became ill with the virus in April. She was placed on a ventilator before passing away in early May. Her baby was successfully delivered by a cesarean section.

Although news reports have provided that Mrs. Trunnell had underlying health conditions that may have contributed to her death, Mary Ann Roser from the American Statesman Staff reports that Mr. Trunnell has stated those claims are false. In fact, Mrs. Trunnell was in perfect health before becoming ill with the Swine flu virus.

Mr. Trunnell’s attorney, Marc Rosenthal, of Rosenthal & Watson, a law firm based in Texas, filed the petition on behalf of his client in Cameron County. The petition request additional information from Smithfield Foods, including depositions from the company’s officials. The petition will be indicative as to whether there is enough evidence to support Mr. Trunnell’s claim.

In a report by Lauren Etter Smithfield Foods has stated that:

No H1/N1 influenza, or swine flu, was detected on its hog farms in Mexico.

Smithfield says tests were conducted by Mexican authorities, which had taken samples from hogs on Smithfield's farm about two weeks ago.

The Mexican government has said that there was no evidence of the disease on those farms. Smithfield said its tests were done for additional assurance "so the public can have full confidence in the health of our Mexican pig herd," according to a letter dated May 1 from Mr. Pope, the President and Chief Executive of Smithfield Foods.

For the most part new cases of H1N1 have been declining, which has many believing that the health scare is almost over. The symptoms of Swine flu as provided by the CDC include typical flu symptoms such as a runny nose, cough, chills, and body aches.

As with any flu or cold virus, people can help prevent the spread of these illnesses by washing their hands often, covering their mouths when they sneeze and cough, and by staying home from school or work when they are feeling ill.

Originally posted at InjuryBoard by Karl Truman