History of Veterans Day

Today is, of course, Veterans Day in the United States. Please take a few minutes to thank the veterans you know for their service to our country.

Here is the history of Veterans Day from the official Web site of the Department of Veterans Affairs:

History of Veterans Day

World War I – known at the time as “The Great War” – officially ended when the Treaty of Versailles was signed on June 28, 1919, in the Palace of Versailles outside the town of Versailles, France. However, fighting ceased seven months earlier when an armistice, or temporary cessation of hostilities, between the Allied nations and Germany went into effect on the eleventh hour of the eleventh day of the eleventh month. For that reason, November 11, 1918, is generally regarded as the end of “the war to end all wars.”

Soldiers of the 353rd Infantry near a church at Stenay, Meuse in France, wait for the end of hostilities. This photo was taken at 10:58 a.m., on November 11, 1918, two minutes before the armistice ending World War I went into effect

In November 1919, President Wilson proclaimed November 11 as the first commemoration of Armistice Day with the following words: “To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…”

The original concept for the celebration was for a day observed with parades and public meetings and a brief suspension of business beginning at 11:00 a.m.

The United States Congress officially recognized the end of World War I when it passed a concurrent resolution on June 4, 1926, with these words:

Whereas the 11th of November 1918, marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed, and

Whereas it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and

Whereas the legislatures of twenty-seven of our States have already declared November 11 to be a legal holiday: Therefore be it Resolved by the Senate (the House of Representatives concurring), that the President of the United States is requested to issue a proclamation calling upon the officials to display the flag of the United States on all Government buildings on November 11 and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of friendly relations with all other peoples.

An Act (52 Stat. 351; 5 U. S. Code, Sec. 87a) approved May 13, 1938, made the 11th of November in each year a legal holiday—a day to be dedicated to the cause of world peace and to be thereafter celebrated and known as “Armistice Day.” Armistice Day was primarily a day set aside to honor veterans of World War I, but in 1954, after World War II had required the greatest mobilization of soldiers, sailors, Marines and airmen in the Nation’s history; after American forces had fought aggression in Korea, the 83rd Congress, at the urging of the veterans service organizations, amended the Act of 1938 by striking out the word “Armistice” and inserting in its place the word “Veterans.” With the approval of this legislation (Public Law 380) on June 1, 1954, November 11th became a day to honor American veterans of all wars.

Later that same year, on October 8th, President Dwight D. Eisenhower issued the first “Veterans Day Proclamation” which stated: “In order to insure proper and widespread observance of this anniversary, all veterans, all veterans’ organizations, and the entire citizenry will wish to join hands in the common purpose. Toward this end, I am designating the Administrator of Veterans’ Affairs as Chairman of a Veterans Day National Committee, which shall include such other persons as the Chairman may select, and which will coordinate at the national level necessary planning for the observance. I am also requesting the heads of all departments and agencies of the Executive branch of the Government to assist the National Committee in every way possible.”

President Eisenhower signing HR7786, changing Armistice Day to Veterans Day. From left: Alvin J. King, Wayne Richards, Arthur J. Connell, John T. Nation, Edward Rees, Richard L. Trombla, Howard W. Watts.

On that same day, President Eisenhower sent a letter to the Honorable Harvey V. Higley, Administrator of Veterans’ Affairs (VA), designating him as Chairman of the Veterans Day National Committee.

In 1958, the White House advised VA’s General Counsel that the 1954 designation of the VA Administrator as Chairman of the Veterans Day National Committee applied to all subsequent VA Administrators. Since March 1989 when VA was elevated to a cabinet level department, the Secretary of Veterans Affairs has served as the committee’s chairman.

The Uniform Holiday Bill (Public Law 90-363 (82 Stat. 250)) was signed on June 28, 1968, and was intended to ensure three-day weekends for Federal employees by celebrating four national holidays on Mondays: Washington’s Birthday, Memorial Day, Veterans Day, and Columbus Day. It was thought that these extended weekends would encourage travel, recreational and cultural activities and stimulate greater industrial and commercial production. Many states did not agree with this decision and continued to celebrate the holidays on their original dates.

The first Veterans Day under the new law was observed with much confusion on October 25, 1971. It was quite apparent that the commemoration of this day was a matter of historic and patriotic significance to a great number of our citizens, and so on September 20th, 1975, President Gerald R. Ford signed Public Law 94-97 (89 Stat. 479), which returned the annual observance of Veterans Day to its original date of November 11, beginning in 1978. This action supported the desires of the overwhelming majority of state legislatures, all major veterans service organizations and the American people.

Veterans Day continues to be observed on November 11, regardless of what day of the week on which it falls. The restoration of the observance of Veterans Day to November 11 not only preserves the historical significance of the date, but helps focus attention on the important purpose of Veterans Day: A celebration to honor America’s veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good.

Source: http://www.pissd.com/2011/11/history-of-veterans-day/

Burn Injuries Catastrophic Injuries Construction Accidents Defective Drugs Defective Product Dog Bites / Dog Attack

Defective Cochlear Implants

Cochlear implants are medical devices that are meant to provide a great deal of benefit for people who have hearing disabilities. These devices are mounted inside of the ear and have helped a large number of people to hear better, or to hear again entirely. While the positive qualities of cochlear implants are many, they are not completely without concern.

Source: http://EzineArticles.com/7957500

Serious Injury Sexual Harassment Slip and Fall Accident Spinal Cord Injury Toxic Tort Attorney Work Injury Lawyer

No Cost-of-Living Adjustment for Veterans Compensation and Pension Benefits in 2011

This was a foregone conclusion, but there will be no increase in veterans pension or compensation benefits for 2011. I wrote previously about no increase in Social Security disability or retirement benefits, and because veterans benefits are based on the same government standard, we knew there would be no increase for those benefits.

However, the official announcement did not come from the VA until today. The press release follows:

Update on Cost-of-Living Adjustment for Veterans Compensation and Pension Benefits in 2011

COLA Tied to Social Security and Consumer Price Index

WASHINGTON – The Social Security Administration has announced that no cost-of-living adjustments will be made to Social Security benefits in 2011 because the consumer price index has not risen since 2008 when the last Social Security increase occurred.

Like recipients of Social Security and other federal benefits, Veterans, their families and survivors will also not see a cost-of-living adjustment in 2011 to their compensation and pension benefits from the Department of Veterans Affairs (VA).

Under federal law, the cost-of-living adjustments to VA’s compensation and pension rates are the same percentage as for Social Security benefits.

VA provides compensation and pension benefits to about four million Veterans and beneficiaries. For more information about VA benefits, go to www.va.gov or call 1-800-827-1000.

Source: http://www.pissd.com/2010/12/no-cost-of-living-adjustment-for-veterans-compensation-and-pension-benefits-in-2011/

Construction Accidents Defective Drugs Defective Product Dog Bites / Dog Attack Elder Abuse Fatal Accidents

A Personal Injury Lawsuit May Turn Out to Be a Black Hole of Expenses You Never Saw Coming

You have been in a serious accident that was not your fault. The first chance you get you consult a Lawyer. You have acted in a reasonable manner. But, what happens when the insurance company blows off your claim as a nuisance.

Source: http://EzineArticles.com/7912237

Toxic Tort Attorney Work Injury Lawyer Workers Compensation Wrongful Death Accident Lawyer Amputation Injury

History of Veterans Day

Today is, of course, Veterans Day in the United States. Please take a few minutes to thank the veterans you know for their service to our country.

Here is the history of Veterans Day from the official Web site of the Department of Veterans Affairs:

History of Veterans Day

World War I – known at the time as “The Great War” – officially ended when the Treaty of Versailles was signed on June 28, 1919, in the Palace of Versailles outside the town of Versailles, France. However, fighting ceased seven months earlier when an armistice, or temporary cessation of hostilities, between the Allied nations and Germany went into effect on the eleventh hour of the eleventh day of the eleventh month. For that reason, November 11, 1918, is generally regarded as the end of “the war to end all wars.”

Soldiers of the 353rd Infantry near a church at Stenay, Meuse in France, wait for the end of hostilities. This photo was taken at 10:58 a.m., on November 11, 1918, two minutes before the armistice ending World War I went into effect

In November 1919, President Wilson proclaimed November 11 as the first commemoration of Armistice Day with the following words: “To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…”

The original concept for the celebration was for a day observed with parades and public meetings and a brief suspension of business beginning at 11:00 a.m.

The United States Congress officially recognized the end of World War I when it passed a concurrent resolution on June 4, 1926, with these words:

Whereas the 11th of November 1918, marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed, and

Whereas it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and

Whereas the legislatures of twenty-seven of our States have already declared November 11 to be a legal holiday: Therefore be it Resolved by the Senate (the House of Representatives concurring), that the President of the United States is requested to issue a proclamation calling upon the officials to display the flag of the United States on all Government buildings on November 11 and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of friendly relations with all other peoples.

An Act (52 Stat. 351; 5 U. S. Code, Sec. 87a) approved May 13, 1938, made the 11th of November in each year a legal holiday—a day to be dedicated to the cause of world peace and to be thereafter celebrated and known as “Armistice Day.” Armistice Day was primarily a day set aside to honor veterans of World War I, but in 1954, after World War II had required the greatest mobilization of soldiers, sailors, Marines and airmen in the Nation’s history; after American forces had fought aggression in Korea, the 83rd Congress, at the urging of the veterans service organizations, amended the Act of 1938 by striking out the word “Armistice” and inserting in its place the word “Veterans.” With the approval of this legislation (Public Law 380) on June 1, 1954, November 11th became a day to honor American veterans of all wars.

Later that same year, on October 8th, President Dwight D. Eisenhower issued the first “Veterans Day Proclamation” which stated: “In order to insure proper and widespread observance of this anniversary, all veterans, all veterans’ organizations, and the entire citizenry will wish to join hands in the common purpose. Toward this end, I am designating the Administrator of Veterans’ Affairs as Chairman of a Veterans Day National Committee, which shall include such other persons as the Chairman may select, and which will coordinate at the national level necessary planning for the observance. I am also requesting the heads of all departments and agencies of the Executive branch of the Government to assist the National Committee in every way possible.”

President Eisenhower signing HR7786, changing Armistice Day to Veterans Day. From left: Alvin J. King, Wayne Richards, Arthur J. Connell, John T. Nation, Edward Rees, Richard L. Trombla, Howard W. Watts.

On that same day, President Eisenhower sent a letter to the Honorable Harvey V. Higley, Administrator of Veterans’ Affairs (VA), designating him as Chairman of the Veterans Day National Committee.

In 1958, the White House advised VA’s General Counsel that the 1954 designation of the VA Administrator as Chairman of the Veterans Day National Committee applied to all subsequent VA Administrators. Since March 1989 when VA was elevated to a cabinet level department, the Secretary of Veterans Affairs has served as the committee’s chairman.

The Uniform Holiday Bill (Public Law 90-363 (82 Stat. 250)) was signed on June 28, 1968, and was intended to ensure three-day weekends for Federal employees by celebrating four national holidays on Mondays: Washington’s Birthday, Memorial Day, Veterans Day, and Columbus Day. It was thought that these extended weekends would encourage travel, recreational and cultural activities and stimulate greater industrial and commercial production. Many states did not agree with this decision and continued to celebrate the holidays on their original dates.

The first Veterans Day under the new law was observed with much confusion on October 25, 1971. It was quite apparent that the commemoration of this day was a matter of historic and patriotic significance to a great number of our citizens, and so on September 20th, 1975, President Gerald R. Ford signed Public Law 94-97 (89 Stat. 479), which returned the annual observance of Veterans Day to its original date of November 11, beginning in 1978. This action supported the desires of the overwhelming majority of state legislatures, all major veterans service organizations and the American people.

Veterans Day continues to be observed on November 11, regardless of what day of the week on which it falls. The restoration of the observance of Veterans Day to November 11 not only preserves the historical significance of the date, but helps focus attention on the important purpose of Veterans Day: A celebration to honor America’s veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good.

Source: http://www.pissd.com/2011/11/history-of-veterans-day/

Construction Accidents Defective Drugs Defective Product Dog Bites / Dog Attack Elder Abuse Fatal Accidents

Memorial Day

As you go to your picnics and family gatherings today please remember the reason for this holiday — to pay our respects to those who have sacrificed to preserve our freedom.

PBS has a wonderful Memorial Day site where you can post and read comments about service members from any of our nation’s wars. Take a look, and leave a note if you can.

Here is a Memorial Day message from Secretary of Veterans Affairs Eric K. Shinseki:

This weekend, Americans in large numbers will visit our national cemeteries and other final resting places to honor their loved ones, their friends, neighbors, colleagues, even some unknown to them—men and women who gave their lives in defense of our Nation.

Memorial Day is a time to reflect on their service and their sacrifice, even as our Armed Forces are performing difficult and dangerous missions in distant lands.  They continue to safeguard our American way of life.

Memorial Day is set aside to honor the more than one million of our fellow citizens who have fallen in battle since the founding of our Republic.  Their service helped to shape us as a Nation and secured, for us and our friends and allies, our security in a troubled world.  Except for their service, we all would be facing different circumstances today.

During World War II, American forces literally helped to save the world from tyranny and oppression.  Those who marched to the guns in the 1950’s saved a Nation.  And the most devastating conflict in our history, the American Civil War, preserved a Union that would, within a hundred years, emerge as a world power, dedicated to preserving freedom and liberty.

Every generation has done its duty, just as today’s 1.37 million members of our Armed Forces are doing theirs under difficult circumstances.

On Memorial Day, their service in uniform stands in contrast to our ball games and backyard barbeques.  Our defenders are ordinary Americans performing extraordinary deeds, bearing all the risks for our way of life.  In remembering the Fallen, we honor the men and women who kept faith with our enduring principles of “Life, Liberty, and the Pursuit of Happiness.”  We remember, as well, those who keep the faith today and honor their patriotism, valor, dedication, and loyalty.

A memorial written by Civil War-era orator, Robert Green Ingersoll, eloquently captures the significance of Memorial Day for all generations of our Fallen:

They died for liberty—they died for us.  They are at rest. 

They sleep in the land they made free, under the flag they rendered stainless. . . . Earth may run red with other wars, but they are at peace.

In the midst of battles, in the roar of conflict, they found the serenity of death.

I join with all VA employees in honoring those who have been called to the Altar of Freedom, in offering prayers for them and their families, who sacrifice still today, and in asking for the Almighty’s continued blessings on this great Nation.

Source: http://www.pissd.com/2013/05/memorial-day-2/

Sexual Harassment Slip and Fall Accident Spinal Cord Injury Toxic Tort Attorney Work Injury Lawyer Workers Compensation

Bladder Cancer Amongst Professional Painters

If you are a professional painter and you have been diagnosed with bladder cancer, you may be surprised to learn that the chemicals contained in the paint used could be the cause of your condition. If you have worked in a profession that caused you to be in frequent contact with paint or paint fumes, or if you worked as a decorator, artist, glazier, plasterer, or wall paper hanger, you could be at a higher risk for developing bladder cancer.

Source: http://EzineArticles.com/7915679

Workers Compensation Wrongful Death Accident Lawyer Amputation Injury Asbestos Lawyer Back Injuries

Manufacturer loses in deadly scaffolding appeal

The Appeals Court has ruled against the manufacturer of a construction platform that collapsed in 2006 on Boylston Street in Boston, killing a passerby as well as two construction workers. One of those construction workers, Romildo Campos DaSilva, was employed by Bostonian Masonry Corp., which paid workers’ compensation benefits to his estate. When the estate [...]

Source: http://masslawyersweekly.com/2013/09/26/manufacturer-loses-in-deadly-scaffolding-appeal/

Boat Accidents Brain Injuries Burn Injuries Catastrophic Injuries Construction Accidents Defective Drugs

Memorial Day

As you go to your picnics and family gatherings today please remember the reason for this holiday — to pay our respects to those who have sacrificed to preserve our freedom.

PBS has a wonderful Memorial Day site where you can post and read comments about service members from any of our nation’s wars. Take a look, and leave a note if you can.

Here is a Memorial Day message from Secretary of Veterans Affairs Eric K. Shinseki:

This weekend, Americans in large numbers will visit our national cemeteries and other final resting places to honor their loved ones, their friends, neighbors, colleagues, even some unknown to them—men and women who gave their lives in defense of our Nation.

Memorial Day is a time to reflect on their service and their sacrifice, even as our Armed Forces are performing difficult and dangerous missions in distant lands.  They continue to safeguard our American way of life.

Memorial Day is set aside to honor the more than one million of our fellow citizens who have fallen in battle since the founding of our Republic.  Their service helped to shape us as a Nation and secured, for us and our friends and allies, our security in a troubled world.  Except for their service, we all would be facing different circumstances today.

During World War II, American forces literally helped to save the world from tyranny and oppression.  Those who marched to the guns in the 1950’s saved a Nation.  And the most devastating conflict in our history, the American Civil War, preserved a Union that would, within a hundred years, emerge as a world power, dedicated to preserving freedom and liberty.

Every generation has done its duty, just as today’s 1.37 million members of our Armed Forces are doing theirs under difficult circumstances.

On Memorial Day, their service in uniform stands in contrast to our ball games and backyard barbeques.  Our defenders are ordinary Americans performing extraordinary deeds, bearing all the risks for our way of life.  In remembering the Fallen, we honor the men and women who kept faith with our enduring principles of “Life, Liberty, and the Pursuit of Happiness.”  We remember, as well, those who keep the faith today and honor their patriotism, valor, dedication, and loyalty.

A memorial written by Civil War-era orator, Robert Green Ingersoll, eloquently captures the significance of Memorial Day for all generations of our Fallen:

They died for liberty—they died for us.  They are at rest. 

They sleep in the land they made free, under the flag they rendered stainless. . . . Earth may run red with other wars, but they are at peace.

In the midst of battles, in the roar of conflict, they found the serenity of death.

I join with all VA employees in honoring those who have been called to the Altar of Freedom, in offering prayers for them and their families, who sacrifice still today, and in asking for the Almighty’s continued blessings on this great Nation.

Source: http://www.pissd.com/2013/05/memorial-day-2/

Toxic Tort Attorney Work Injury Lawyer Workers Compensation Wrongful Death Accident Lawyer Amputation Injury

What to Do After a Car Wreck - Important Steps to Take

A quick guide to what you should do in case of an accident. The decisions you make immediately following your wreck are very important so be prepared.

Source: http://EzineArticles.com/7969345

Medical Malpractice Mesothelioma Nursing Home Abuse Personal Injury Lawyer Product Liability Serious Injury

Personal Injury Cases and Payback Claims: Making Your Settlement Yours!

The topic of payback claims in personal injury cases is both simple and complicated at the same time. It is also a very important topic because proper handling of any payback claims can greatly increase the amount of money that you receive from your settlement.

Source: http://EzineArticles.com/7908086

Defective Product Dog Bites / Dog Attack Elder Abuse Fatal Accidents Head Injuries Medical Malpractice

Do You Need a Drunk Driving Attorney After an Accident?

Driving under the influence of alcohol is a serious offense. If you ever find yourself caught for doing that, you should always consult a drunk driving attorney for representation. Judges may not look at you favorably if you try to defend yourself. Not to mention you will need to know the laws of how to represent yourself as a drunk driving lawyer. Worse case is that you are involved in a drunk driving accident. If this ever happens to you or someone you know, it is imperative you have representation of a good accident attorney. Having a good accident lawyer will help you understand the ramifications of the situation you have put yourself in.

Source: http://EzineArticles.com/7974817

Serious Injury Sexual Harassment Slip and Fall Accident Spinal Cord Injury Toxic Tort Attorney Work Injury Lawyer

The Most Common Auto Accident-Related Injuries

Auto accidents can cause a number of incapacitating personal injuries, and in worst cases, it can even lead to death. This article discusses some of the most common auto accident-related injuries you need to be aware of.

Source: http://EzineArticles.com/7914490

Accident Lawyer Amputation Injury Asbestos Lawyer Back Injuries Bicycle Accident Birth Injury

Traumatic Brain Injuries, Part 4: Red Flags Associated with Traumatic Brain Injuries

In part 4 of the Traumatic Brain Injury series, California brain injury attorney Eric Ratinoff outlines red flags associated with traumatic brain injuries, and what symptoms to look for following a head injury.

Source: http://feedproxy.google.com/~r/TheKCRLegalPersonalInjuryPodcast/~3/WOTfJCrA74U/10_12-29_EJRbraininjurypodcast-part4.mp3

Serious Injury Sexual Harassment Slip and Fall Accident Spinal Cord Injury Toxic Tort Attorney Work Injury Lawyer

Doctor Testifies That Six Different Signatures Are All His

Dr. Joseph Tuvia

Last Monday, I wrote up the story of Dr. Joseph Tuvia, a local radiologist who seems to have a propensity for vastly differing signatures made under penalty of perjury. And when I say vastly differing, I mean no person in their right mind would think they all belong to him. And I also mean a graphologist that had examined them is ready to swear under oath they didn’t all come from the same hand.

Then, as fate would have it, he took the witness stand Thursday in an unrelated matter in the Bronx. When you review 1,000 films a year for litigation, it’s inevitable you’re going to be back on the stand.

The lawyer that was going to cross-examine him had seen my posting, as well as a Village Voice piece in its Runnin’ Scared  blog that contained this:

Runnin’ Scared spoke to Jeffrey Levine, the lawyer who initially noticed the signatures when representing a client in an arbitration with Allstate Insurance. Levine hired a graphologist to test the authenticity of the signatures.

The graphologist confirmed Levine’s suspicion: The papers were signed by different people. “Do you really need an expert to see the difference?” asks Levine.

The lawyer in Thursday’s case, Ken Ready, brought the articles to court. He put the Village Voice piece prominently on his table so that Dr. Tuvia could see it.

Scott Greenfield explains why those signatures under of perjury are so important to the administration of justice, in posting about civil law meeting the criminal law.

What, exactly, would Dr. Tuvia do when confronted with them on the witness stand? He certainly knew about the articles, as both the Voice and I left messages at his office seeking comment.

If he conceded that they weren’t his signatures, he risked prosecution for perjury, or conspiracy with others to commit perjury. If he said they were his signatures, he risked prosecution for new claims of perjury.

The criminal defense attorneys that read this blog would likely have all said the same thing: Stay the hell off the witness stand!!!

But there he was on the witness stand. And this is what happened:

First up, were the issues of a CT scan and an MRI. And he came to court, on behalf of the defendant, to testify without the films. You read that right, he got on the witness stand to testify about films he didn’t have with him, that weren’t in evidence, and with a report that had a signature that differed from his signatures on other reports.

Now if you’re plaintiff’s counsel, you have two choices: First, you object to his testifying about things not in evidence. A law student could guess that choice. Alternatively you let him testify and make a fool of himself which may help you in the long run as it exposes the frailty of the defense. Plaintiff’s counsel in this case, Ken Ready, elected to let Dr. Tuvia play the fool.

The central issues were whether there was a disc herniation, and if it existed, whether it was caused by the collision, and whether the surgery was necessitated by the collision. And he did this without the films.

Next up, and the real reason you are still reading this, what did Dr. Tuvia say about all the differing signatures? Answer: He claimed they were all his. Specifically:

 

 

He testified that the top signature you see to the left, marked for identification at trial as Exhibit 15A, was his.

 

 

He testified that the second signature to the left, marked for identification at trial as Exhibit 15B, was his.

 

 

 

He testified that the third signature to the left, marked for identification at trial as Exhibit 15C, was his. Since there were two signatures there, he had him sign to see which was his, and the “Joseph” that you see on the right side of that third image was the result, looking like neither of the others.

 

 

He testified that the fourth signature to the left, marked for identification at trial as Exhibit 15D, was his.

 

 

And yes, he testified that this fifth and bottom signature to the left, marked for identification at trial as Exhibit 15E, was also his.

 

Five differing signatures were marked for identification. And he was questioned under oath about all of them them. Then he added a sixth, “Joseph,” which looks nothing like the other five.

Mr. Ready explained to me what transpired:

He stated under oath that all 5 signatures – one at a time – were his. One of the signatures was off because – as he explained - he was tired. I had him write his name next to his signature on Exhibit 15c because there were two signatures on the page. He testified that there may have been a time or two that someone else signed his name but that it was quickly corrected by him signing later.

An interesting note about the documents is that all five are addressed to D&D Associates, one of the “facilitators” (brokers) for the insurance business. One of the big questions, of course, is that if the differing signatures are not that of Dr. Tuvia, then who wrote them? Is it D&D staff? Is this going on with other “frequent flyer” examiners/testifiers that are part of the insurance industry medical mills?

I raise that issue because that is what the New York Times found in a 2009 exposé regarding Workers’ Compensation exams,writing that “Reports were sometimes altered by brokers…”

And if not D&D, and if not Dr. Tuvia, then who is signing these reports under penalty of perjury for Dr. Tuvia?

Unfortunately, Justice Mark Friedlander, who is hearing the case, didn’t allow them into evidence. They were, as we lawyers like to say, collateral to the case the jury was hearing.

But that doesn’t mean the District Attorney might not be interested from the perjury and conspiracy angles. And that doesn’t mean that Department of Financial Services Superintendent Benjamin M. Lawsky might not be interested from the insurance fraud angle. And that doesn’t mean the Office of Professional Medical Conduct might not be interested from the licensing angle.

This presumes, of course, that this posting doesn’t stay hidden in my teensy corner of the cyber world. Hopefully, if the prosecutors ever get an investigation up and running, they will see that this is just one small issue of a much bigger problem regarding insurance company exams.

I hadn’t expected, frankly, to be continuing this series on quickie medical-legal exams as long as I have. But now that I’ve started, stories keep rolling in about, what looks to me, like clear shenanigans that just so happen to have profound effects on people’s lives. And they are rolling in because we have a very serious problem here in New York.

Source: http://feedproxy.google.com/~r/NewYorkPersonalInjuryLawBlog/~3/NNIJoMlB1wc/doctor-testifies-that-six-different-signatures-are-all-his.html

Birth Injury Boat Accidents

Traumatic Brain Injuries, Part 1: Anatomy of the Human Brain

In part 1 of the Traumatic Brain Injury series, California brain injury attorney Eric Ratinoff outlines the areas of the brain, what functions they control, and the potential effects of damage to each of these areas.

Source: http://feedproxy.google.com/~r/TheKCRLegalPersonalInjuryPodcast/~3/yWp2CW4JlmE/10_12-5_EJRbraininjurypodcast-part1.mp3

Brain Injuries Burn Injuries Catastrophic Injuries Construction Accidents Defective Drugs Defective Product

Speed Limits Going Up In Many States

As an exuberant driver, I welcome the increase of speed limits around the country. But as a lawyer who represents people who have been injured in car wrecks, I find such increases troubling.

There is a recent proposal to slightly increase the speed limits on a number of highways in the Dallas – Fort Worth area. Everyone here seems to drive over the limit anyway, so we’ll see what effect this increase has if it passes the Texas Department of Transportation.

I believe cars are safer than they were just a few years ago, partly because of lawsuits brought by consumer lawyers against the auto manufacturers. So theoretically, today’s cars should be able to be driven safely at higher speeds. However, there’s no reason to think that human reflexes (or human judgement) has improved recently. In fact, as the Baby Boomers age, just the opposite may be happening.

So, is this a good thing or a bad thing? I don’t know. Here are excerpts from an article in USA Today on the subject:

Gentlemen, ladies and kids with driver’s licenses: Start your engines. Five state legislatures voted this year to raise speed limits on some divided highways in their states.

They’re following the lead of Texas, which last year bumped the speed limit on one stretch to 85 mph, the highest in the nation.

Ohio and Utah are going full speed ahead with implementing their higher limits. Maine and Illinois officials are studying when — and whether — to raise their newly approved speeds, while New Hampshire’s new law takes effect in January.

Some 36 states have speed limits of 70 mph or above on some roads, according to the Insurance Institute for Highway Safety. Texas set its 85 mph limit on a 40-mile stretch of divided toll highway between Austin and San Antonio (toll: $6.17, one-way).

Speed limits traditionally were regulated by individual states until the mid-1970s when Congress, to conserve energy, designated a national speed limit of 55 mph and threatened to withhold highway funds from any state that exceeded it. But those rules were loosened in 1987 and repealed in 1995.

Since then, states have steadily increased the speed limits on some stretches of roads. Generally, the higher speed limits are set on rural interstate highways or other limited-access roads, though not always.

Utah’s new law expands segments of a road already posted at 80 mph, effective last March. Ohio’s law, signed by Gov. John Kasich, increased the maximum speed limit from 65 mph to 70 mph on rural interstates, effective July 13.

More car crashes?

Not everyone is happy with the trend toward higher speeds. Critics point to the dangers.

“When speed limits go up deaths go up, and when speed limits go down deaths go down,” said Russ Rader, spokesman for the Insurance Institute for Highway Safety . “It seems as though more states are raising speed limits despite the clear evidence that shows what the safety downside is. Higher speeds mean more crashes and more severe ones.”

Speed was a contributing factor in about 30 percent of fatal traffic accidents in 2011 (the last year for which statistics are available), according to the National Highway Traffic Safety Administration. That statistic has stayed about the same for a decade, even as speed limits have increased and safety equipment has improved.

Source: http://www.pissd.com/2013/09/speed-limits-going-up-in-many-states/

Construction Accidents Defective Drugs Defective Product Dog Bites / Dog Attack Elder Abuse Fatal Accidents

Asbestos & Mesothelioma Litigation Part 5: Types of Injuries Caused by Asbestos Exposure

In part 5 of our 8-part Asbestos Litigation series, Asbestos & Mesothelioma attorney Doug Rothschild describes the various injuries asbestos exposure can create.

Source: http://feedproxy.google.com/~r/TheKCRLegalPersonalInjuryPodcast/~3/bxkTgoP2FEI/11_3-30_DARAsbestosPodcast-part5.mp3

Mesothelioma Nursing Home Abuse Personal Injury Lawyer Product Liability Serious Injury Sexual Harassment