Worker Wins Workers Comp Appeal After Being Injured Shortly After Quitting

The Pennsylvania Commonwealth court ordered a Pennsylvania health care firm to pay workers compensation benefits to a former employee who was injured just moments after resigning from his position as a driver technician.According to court filings, Paul Marazas arrived to work to receive his daily itinerary after having been on-call the previous weekend. After realizing the number of stops on the list would take him until midnight to complete, Marazas asked his manager to remove stops, as he was still tired from having been on-call.

When the manager refused Marazas’ request, Marazas informed his manager that he was unable to work under such conditions, according to records. He then proceeded to resign by turning in his keys and company phone. The manager then told Maraza she would escort him to remove his personal belongings from his company truck.

Shortly after removing items from the truck, Maraza tripped over a pallet jack located on the company’s premises. The manager involved in the case, witnessed Maraza fall and injure his left side. Records show that when Maraza called the manager a few days after the incident in order to request a physician referral, he was told that the company only provides physicians for active employs. Maraza then filed a civil suit, seeking liability for his fall.

The company argued that Marazas was working at the time of fall, and therefore workers compensation was the only option for his injuries, filings shows. Marazas then withdrew his lawsuit and filed a workers compensation claim for injuries to the left side of his body, including his ankle, knee, and back.

“A Worker can still prevail on getting his Worker’s compensation benefits even after, he or she has been fired,” says Craig L. Cook,Attorney at Law. “It does not cost anything to file a claim for the worker.”
Worker’s compensation benefits were awarded to Marazas for a period of time based largely on the fact that the manager witnessed the fall, however, the company later appealed this decision, arguing that Marazas’ injuries occurred after he had already terminated his employment.What followed was a series of back and forth appeals made by both Marazas and his former employer. Ultimately, a three judge panel of the Pennsylvania Commonwealth Court unanimously ruled that Marazas is entitled to workers compensation benefits. In its decision, the court claimed that Marazas was presented with inconsistent arguments from the company when they advised Marazas that workers compensation claim was his best option while he was under his civil suit, but then later claimed Marazas’ resignation prevented him from being considered an employee for workers compensation benefit purposes.

The court also found that employment termination doesn’t bar workers compensation benefits when a worker is still acting under an employer’s direction on the employer’s premises. The ruling states that although Marazas resigned prior to being injured, he was still under the scope of employment because he was acting under the company’s direction and therefore furthering their interests.

Worker’s in a similar situation, or those who have questions regarding their eligibility to receive workers compensation benefits are encouraged to speak with an attorney who has experience dealing with workers compensation claims. Choosing a lawyer who understands the nuances of worker’s compensation laws and practices is imperative.

Apartment Rentals Become Popular Alternative To Buying, Landlords See Increase In Profit

According to a recent report by real estate website Zillow.com, South Florida “Mom-and-Pop” landlords are cashing in on a recovering and hot rental market, and making substantial returns on their rental properties. “Mom-and-Pop” landlords are considered property owners who own just one property, and renting is not their primary or full-time business.

This comes at time when the rental market is beginning to not only improve, but thrive, following the subprime mortgage crisis and economic downturn between 2007 and 2009. At that time, thousands of South Florida homeowners became landlords, and they are now beginning to reap the benefits. Many are in a better financial position than they originally thought possible.

This reflects a shift in the American housing and rental markets. Demand for rentals has significantly increased post recession, as many are attracted to the benefits and conveniences of renting, including flexibility. For example, most tenants sign a lease — a legal,binding contract that means the tenant is responsible for paying rent for an apartment for a certain amount of time, typically six months, one year, or even month-to-month. This is especially appealing to those who are relocating, or those who aren’t quite ready to commit to the longevity of a mortgage.

Many people find renting to be more cost-effective for their financial needs. Some have even sold their homes in favor of renting an apartment following the housing market collapse. Additionally, renting allows tenants to enjoy all the benefits and comfort of living in a home, without the responsibilities of owning a property, which makes rentals especially appealing to both workers and retirees alike.

Property managers and developers are also feeling the positive effects of a recovering housing and rental market, as more and more young professionals are leaving the nest. The construction boom is mostly taking place in metropolitan areas across the country, where renting is commonplace.

Home ownership, along with a white picket fence, has long been synonymous with achieving the fabled “American Dream”, however, this ideal is fading as home ownership rates are declining nationally. In fact, the percent of homeowners in the first quarter of this year was nearly 65%, the lowest it’s been since 1995, according to U.S. Census Bureau data.

In lieu of declining home ownership rates, perhaps it’s time for Americans to reinvent and redefine the American Dream, as well was what makes a home. It’s often said that home is where the heart is. Perhaps The Jeffersons had it right, and home just might be that deluxe apartment in the sky.

The Sun is Shining Bright on the Future of the Solar Carport Industry

Earlier this year, websites were blowing up with the news that researchers were experimenting with solar roadways — roads that could be used as energy systems for entire cities, potentially.

The popularity of this idea may have taken some industry analysts by surprise. Though solar power has experienced consistent market growth — experiencing a 41% growth in solar installations in 2013 alone — it has, in many ways, been operating in the background of energy discussions. People have known about it, but haven’t looked into it much.

Now, though, other industries are thinking about ways they can incorporate solar energy into their products or services. Not only is it better for the environment, but it can serve as a powerful additional incentive for a customer to choose one company over many similar options out on the market. One example of this opening solar industry is carports.

Carports, not surprisingly, are used to cover cars — they offer a roof that shields the automobile from sunlight, rain, snow and more. They are affordable, and popular with public and private business parking garages, as well as in residential areas where people might not want to invest in another garage, but want a way to partially shelter their automobiles or boats from some of the elements. According to Green Tech Media (GTM), there are multiple reasons that developers should be excited about the future of the U.S. solar carport market.

They point out that since 2010, the price of solar carports have fallen 51%, and that state-level incentives given for solar energy have been favorable for nonprofit organizations, government entities, and schools. It’s also worth noting that, while the market for carports in 2014 was largely stagnant, the solar carport market segment continued to experience consistent growth. It currently has about a 12% share of the non-residential carport market.

Why else should developers be excited? Thanks to changes in legislation, it is now easier for companies and organizations to invest in solar carports without requiring extensive paperwork or liability acceptance. This means that the customer base for the product is still expanding. Most sales have so far been based in California; as awareness of the technology grows, and states across the country begin offering similar incentives that California does for energy conservation, so too will the market likely grow along with it.

How much will the solar carport market grow within the next several years? According to a report by GTM titled “U.S. Solar Carport Market, 2010-2018,” the industry is expected to hit a high of $843 million in value by 2016.

Amid Growing Concerns Over Nutrition, Chicago Chef Says It’s Time America Changes Its Tune on Food

As packaged, salt and sugar-laden foods continue to saturate the shelves in our markets and dominate American food culture, one chef in Chicago is saying enough is enough. Homaro Cantu, chef and owner of the Michelin Star-rated Moto Restaurant in the Windy City, told The Packer in a recent interview that the time for small measures to reform the way American food is produced, sold, and consumed is over.

“We need a moon shot,” Cantu told reporters. “Forget about making incremental changes within the system.” Cantu, like many other respected chefs across the world, believes that governmental and other systemic barriers to making the changes necessary to protect human health and improve food culture make it impossible to implement these changes in any controlled, steady way. The chef says that now is the time for chefs, effectively the fighters on the ground, to start working with local, eco-friendly producers of food to produce healthy, delicious food that doesn’t impact our waistlines or the environment.

Despite Staggering Obesity Levels, Americans Are Malnourished
The biggest problem with American food culture is, of course, that it has led to an obesity epidemic. At last blush, nearly two-thirds of American adults were overweight or obese. The interesting part about that statistic? We are overweight, but we’re also malnourished.

Vitamin D deficiency, for instance, is exceptionally common, with a full 75% of Americans suffering from a lack of this essential vitamin. Vitamin D can be consumed through eggs and fatty fishes, but it can also be synthesized by the body through absorption of sunlight. While Homaro Cantu and other chefs can do nothing to push Americans to get outdoors, they can help to get more of the right kind of food in front of their customers.

Smarter, Healthier Food is the Solution
And that’s really the crux of what Cantu is saying, and it’s what he’s been offering through the respected Moto Restaurant. Microgreens are one of those foods that was before seen as a healthy eating trend for those with extra pocket change; Cantu makes them a focus of many of his dishes.

Usually no more than an inch and a half tall, microgreens are harvested after a shortened growing period. Nutritionists and food scientists have touted microgreens as more nutritionally valuable versions of their fully matured counterparts. Microgreen cilantro, for instance, has 300% more beta-carotene than matured leaves of the plant.

From microgreens to ethically raised chicken, these are the foods Cantu wants to get people excited about. While he and other chefs on the same mission understand that the increased price of organic, ethically produced food may make this a hard sell, Cantu knows that the flavors — and the health benefits — will ultimately speak for themselves.

Do you agree with Chef Cantu’s idea that American food culture needs a revolution? Tell us why or why not in the comments below.

New York City To Impose Used-Car Repair Regulations To Ensure Vehicle Safety

New York City is in the process of cracking down on car dealers selling used cars with known safety defects without having them repaired prior to selling. This new regulation seeks to address what many consumer advocates say is a loop hole in the auto industry’s safety regulations: used car dealers and rental companies are not required by law to repair vehicles with safety defects before selling them to the public.In May, The New York Times reported in May that new legislation to address this issue has been stalled for many years in Congress by dealers who claim the law would cost customers and companies unnecessary time and money.

New York’s requirement is a much stricter interpretation of a state law requiring all vehicles to be operating safely before being sold. However, city officials would like to make it clear to dealers that being safe also includes repairing vehicles under recall.

“In NC, vehicles need to pass a state safety inspection prior to being sold,” says Bill Kratz, Owner at Carolina Auto Service. “I agree with the philosophy of ensuring that used cars are repaired properly. It’s important to get a pre-buy inspection by a qualified repair shop.”Recently, city officials sent out 200 subpoenas to dealerships asking how many used vehicles they had sold during the past year that had been recalled but not repaired, and whether consumers were notified of the recalled defects prior to purchasing. Some dealerships were selected at random, whereas others were targeted due to their history of selling faulty vehicles according to the Consumer Affairs Department. Dealers found to have sold un-repaired used vehicles will be required to immediately notify the vehicles’ owner and make any necessary repairs.

Consumers are encouraged to do research and stay current regarding safety recalls on used cars they are interested in purchasing. When in doubt, consumers are encouraged to contact the manufacturer or their auto repair shop.

New University of Exeter Study Finds Link Between Drinking and Long Term Memory Conditions

A team of researchers from the University of Exeter in the United Kingdom have published an interesting new study showcasing the causal link between drinking and long term memory impairment in The American Journal of Geriatric Psychiatry. The researchers questioned a group of 6,542 American adults of middle age about their drinking history. Next, they assessed their mental abilities. The results, while not necessarily surprising, are certainly illuminating.

In an interview with The Daily Mail, Dr. Iain Lang, the study’s lead researcher, said, “This finding – that middle-aged people with a history of problem drinking more than double their chances of memory impairment when they are older – suggests… that this is a public health issue that needs to be addressed.”

Alcohol Forces the Brain to Mimic Symptoms of Alzheimer’s, Other Diseases
This new study is just the latest in a long history of trying to bridge the gap between alcohol intake and debilitating, life altering neurological diseases. A previous study from Suzanne L. Tyas, Ph.D. published by the National Institute on Alcohol Abuse and Alcoholism tried to ascertain whether or not alcohol abuse led to a higher chance of developing Alzheimer’s Disease.

While no causal link was found, the research did find interesting similarities between the way brains act under the influence of alcohol and the way Alzheimer’s forces them to act. For instance, the average person can recite a phone number 10 times and have it memorized. If you put the same task to an inebriated or mentally impaired person, they will likely show the same degree of difficulty or confusion with the task.

Many posit that this effect of alcohol could be what prompts the brain to deteriorate into the various states of mental impairment that plague the elderly population. This newly established link between heavy drinking in young to middle age people and long term mental impairment in the twilight of life could be the first step toward solving the issue.

Are you worried that your drinking habits will lead to a mental condition later on in life? Tell us why or why not in the comment section below.

People of All Age Groups Saving for Retirement More, Study Reveals

A recently-released report is showing that Americans are putting more money toward their retirements than ever — and the trend is taking place across all age groups.

According to a July 23 USA Today article, the average contribution to individual retirement accounts (IRAs) during the tax year 2013 grew by 5.7% over the year before, bringing the amount to an all-time high of $4,150, and the average IRA balance increased 10% to $89,100.

The average IRA contribution increased for every age group as well, according to the Fidelity Investments study published on July 23. Respectively, the average contribution grew by 3.9%, 6.7% and 6.2% for people in their 20s, 30s and 40s.

Another Fidelity Investments study showed that the top New Year’s resolutions this year were to save more, pay off debt and spend less, USA Today reports, which may explain the rise in contributions toward retirement savings.

“People are increasingly hands-on, from on-the-go cameras to on-design 3D printing. Part of this trend is taking control of your finances,” said Beth Kurth, President, Corporate Forum. “When people take an active interest in investing, there’s a virtuous feedback loop. It’s like a diet only in reverse. With a diet you’re motivated to eat less when the scale shows fewer pounds. With savings you’re incented to put away more as you see your investments grow.”

There are plenty of reasons for Americans to allot more of their money toward retirement. About one of every four Americans will have to work until age 80 in order to retire with enough money, and the number of employers offering retirement funding plans for their workers has decreased significantly over the last decade.

Plenty of challenges and hurdles to saving for retirement exist as well, however — including most people’s preference of instant gratification over investing toward a long-term goal like a retirement.

Chiropractor Who Attempted Insurance Claim Fraud Sentenced to Prison

With any system, there are people trying to game it. This was the case for Philadelphia chiropractor Lawrence S. Herman, who has been sentenced to five months in prison because of a falsely submitted personal insurance claim.

While fraud only comprises a small percentage of submitted insurance claims, they can be costly, and unfairly burden everyone else who relies on their insurance to cover them when something bad happens. Every year, scam insurance claims for auto injuries add up to about $5 billion.

Herman was in an accident back in 2012, and submitted a claim for injuries. As evidence, Herman showed that he had received chiropractic treatment for injuries to his neck and back. His insurance company, the U.S. Automobile Association, originally denied his claim. Herman then hired a lawyer and sued the company for $60,000.

Prosecutors, though, weren’t buying his story. They pointed out that the accident which supposedly caused the ongoing injuries was a “minor, fender-bender type accident” and that Herman was running multiple marathons at the same time he was supposedly recovering from, and receiving treatment for back injuries.

Herman finally admitted during his guilty plea hearing that he had fabricated his injury, and that he had never received treatment. Instead, he had, allegedly, told an employee of his practice to create the medical records and then submit them using fake company letterhead.

The prosecutors were also not impressed that Herman continually tried to shift the blame for his crime, first accusing his personal injury lawyers who drafted the insurance settlement demand, and then the employee who he had asked to falsify the records.

“Personal stresses, provided by work pressures and economic circumstances resulting from the divorce, weakened Mr. Herman’s judgment and contributed to precipitating the infraction,” said Michael McCarrie, Herman’s lawyer, in a memorandum for the court.

Why Every Investor Should Be Selling Their Junk Bonds

In today’s investment market, there’s no real reason to keep junk bonds in your portfolio.

Or so says one June 26 USA Today article.

“There really are very few happy outcomes from junk bond funds right now,” the article advises.

Currently, investors across America have a collective $326 billion in junk bonds, otherwise known as high-yield bonds.

But why are junk bonds so dangerous right now?

A junk bond is essentially a long-term loan that an investor gives to a company with a bad credit rating. And because companies with bad credit have to pay higher interest rates for loans, a junk bond can, in many cases, be a financially sound investment to add to one’s portfolio.

However, USA Today reports, prices for high-yield bonds are at an all-time high right now, which means yields for these bonds are at all-time lows. In late June, the Barclays Capital High-Yield Index yielded a mere 4.83% — the lowest yield recorded for junk bonds in history.

Yields could technically rise again — but it’s not worth the risk to keep junk bonds in one’s portfolio. USA Today reports that yields this low, in a worst-case scenario, could cause another financial meltdown like the one of 2007-2008.

So, to protect your finances from going under if junk bonds continue to produce record-low yields, it’s best to sell them while you can. This is especially true for male investors, as studies have shown that 61% of men who wait too long to sell off a bad investment will repeat their mistake, compared to 48% of women.

And if you had been thinking of investing in a junk bond for the first time, it may be a good idea to wait a while.

Magistrate Grants Landlord Additional Time to Move Tenants from Severely Neglected Apartment Building

A Pittsburgh city magistrate recently granted a landlord an additional 30 days to help his tenants find replacement housing after their building was found to have numerous health code violations. These violations necessitate the removal of 10 families, including several Bhutanese refugees, to new housing due to the serious risk to their house. As a result, many are confused by the magistrate’s ruling, given how the landlord so seriously neglected the building in the past.Davin Gartley, the landlord in question, has been cited multiple times by the Allegheny County Health Department and the Pittsburgh city codes enforcement office. The violations discovered at his apartment building include a faulty foundation, bad electrical wiring and rodent infestation, as well as problems with sewage, water, and trash collection. Additionally, the Health Department has reported that two lead paint violations endangered a 1-year-old resident, who tested positive for elevated levels of lead toxicity.

“Ignoring maintenance problems does not make them go away,” says Joseph Ord, President of AMOSO Properties. “It is better to spend a little money now rather than a lot of money later.”

Gartley was reportedly first notified of the health code violations in October of 2013. Yet, in spite of this, Health Department employees report that they saw no improvements in the poor quality of the building, and were surprised that the magistrate had granted the landlord additional time. When the tenants finally do leave their apartments, the Health Department plans to condemn it.