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Welcome to James R. Linehan PC
Greetings!
We are now fast approaching Election Day for a new
Administration to take over in Washington D.C.
At the same time, we are now barraged with daily news reports that
inflation is growing, prices are rising, and more and more jobs are being
lost. What if you become injured (or
worse) and unable to work in the next year ?
What are some of the obstacles of American justice that you may face as
you try to sort through your situation.
Here are a couple examples of the way things currently are and what you
may expect in the way of change with a new Administration in the White House.
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AMERICAN JUSTICE, FAIR OR NOT FAIR, THIS IS THE WAY IT IS
Hypothetical One: (all names are fictitious but the scenarios
are based in common fact). Jean Smith is
an American born disabled veteran. She
is working for a federal agency as a window cleaner. Today she is working high on the outside of a
building on a scaffold washing windows.
Standing beside her is Juanita D'Angelo.
Juanita is here in the US illegally, but managed to get a temporary job
for a local private business to help clean windows. Juanita had actually forged her papers in
order to be hired. As Jean and Juanita clean
the windows side by side, the scaffolding slips and they both come crashing to
the ground several stories below.
Juanita, luckily, suffers only a broken arm and some bruises. She is up and about in a matter of days. Jean, on the other hand is not so
fortunate. After lying comatose for months,
she dies as result of her injuries, leaving behind a husband and three
children.
According to the American Justice system, Juanita, an
illegal alien here in the US, is fully guaranteed by the US Constitution all
full rights to sue in the US Courts for her injuries and to collect monies she
would lose for being unable to work illegally in the US. Majlinger v. Cassino., Design Kitchen and Baths v. Lagos.
Meanwhile, Jean, the American born disabled veteran, and her
surviving husband and children, by federal law have no rights and are
completely barred from suing for her injuries, death, and survivor benefits in
any US Court. In fact not only are they
completely barred from suing in any US Court, they are completely barred from
even asking to have their claim looked at, inquired into, or reviewed by any
official of the United States (for example, their US Congressman). Title 5 USC Section 8128
John McCain position: no apparent change
Barack Obama position: no apparent change
Hypothetical Two: (once again fictitious names but based on common
facts). Goodfellow Hospital is a very
large urban hospital. It is also a large
business corporation. Goodfellow does
not want to lose any business to competition, so when another business
corporation announced plans to build a hospital in the same town, Goodfellow
sued. Goodfellow claimed its business
would be irreparably harmed and that it would suffer if another hospital were
built. Goodfellow sues for millions of
dollars just to protect its business profits.
The multimillion dollar suit is allowed to go forward without problem in the US Courts.
Meanwhile Dr. Crud works for Goodfellow
Hospital. Dr. Crud is a known alcoholic. Jessica Jones is a pregnant, low-income
mother who checks into Goodfellow to deliver her baby. Dr. Crud is assigned to Jessica's
delivery. Dr. Crud horribly botches the
delivery because he is drunk. Jessica
dies and her new baby, while alive, will require lifetime medical care. Jessica's surviving family sues Dr. Crud and
Goodfellow Hospital for her death and her baby's lifetime medical care.
While Goodfellow Hospital argues its right to sue in court
for millions of dollars just to protect their business name on paper, Jessica's family, in the very same court are
barred from suing Goodfellow Hospital and Dr. Crud for more than $250 thousand
dollars for Jessica's death and her baby's injuries. Goodfellow argues that to allow Jessica any
more money for her death and her baby's injuries would be unfair and an
injustice. The American Justice system upholds Goodfellow's arguments and prohibits Jessica's
family from collecting any more money.
John McCain position: no apparent change
Barack Obama position: no apparent change
Hypothetical 3: (once again fictitious names but based on common
facts) Doug Duty is a civilian working
at a US military base. His job is very
high stress and requires physical work.
While walking across the base on a hot day, Doug collapses and dies of a
heart attack.
His widow files a claim of
compensation with the US Department of Labor.
She submits medical reports from Doug's treating doctors who had treated
Doug for 30 years. Doug's doctors' expressly
state his heart attack was caused by his job stress. The USDOL obtains the report of their own
hired doctor to review the records. The
USDOL doctor never physically examined or even met Mr. Duty.
The USDOL denies compensation benefits to Doug's widow. The reason for denial is two-fold. (1) Doug's widow had submitted years of reports
of Doug's own treating doctors testifying as to the cause of his heart attack. But according to the US, the report of the doctor
hired by the US who reviewed the medical
records just one time, and who never actually met Doug, is entitled to "special weight" over the years
of reports of Doug's treating
physicians. 20 CFR 10.502 Also (2), according to
the US government, the heart (and for that matter the brain and the spine) is
not considered a vital organ for an American worker's existence, thus no compensation
for Doug's heart injury. Title 5 USC Section 8107
John McCain position: no apparent change
Barack Obama position: no apparent change |
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SUMMARY
Is the American justice system fair and equitable? Probably not.
But until changes are made, it is the system. It is up to you, the individual to know your
rights, duties and obligations should you become injured or worse over the next
few years. Trying to understand the laws and regulations surrounding disability
benefits can be incredibly confusing for the layman. It's almost impossible
unless you have devoted your education and career to understanding this
specific niche. If you want to cut through the all the confusing obstacles that
stand in your way, give the offices of James R. Linehan a call as soon as
possible. If too much time passes, you could miss out on your Veterans
Disability, Social Security Disability, Federal Workers Compensation OWCP, or
OPM medical retirement benefits.
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