Counter Assertion

Virginia Workers’ Compensation Law is a specialty field. You would not choose a general practitioner for brain surgery so why would you choose a general practitioner for your workers compensation claim? You just cannot assume every attorney knows the ins and outs of Workers’ Compensation Law.

One place to start is to check and see if the attorney lists himself or herself as a specialist in the Yellow Pages.

The next thing to do is to check and see if the attorney has been rated by Martindale-Hubbell, an organization that rates attorneys according to how their peer groups have rated them. In their guide an “AV” rating is highest, the middle rating is “BV,” and the lowest rating for attorneys just starting out is “CV.” You should ask the attorney for his/her Martindale-Hubbell rating.

Next, you should check the attorney’s web site. Does the attorney hold himself/herself out as a specialist in workers’ compensation law. Does he/she have helpful information about workers’ compensation law on his/her web site?

Next, you should ask the attorney if he/she belongs to the Virginia Trial Lawyers’ Subcommittee on workers’ compensation. Almost all attorneys who specialize in workers’ compensation law in Virginia are members of this subcommittee.

Also, always check with the Virignia State Bar at (804) 775-0570 to find out if anyone has filed any complaints against the attorney.

Finally, you should ask the attorney for any brochures the attorney may have prepared about workers’ compensation.

These are my suggestions based on 30 years in the field. This is how you get the Best Virginia Workers Compensation Lawyer.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed as legal advice.

For more detailed information visit http://www.virginiadisabilitylawyer.com or email us at jervalaw@aol.com or reach us at http://www.geraldlutkenhaus.com Gerald G. Lutkenhaus has been representing Workers Compensation claimants for 30 years in the Central Richmond Area in Virginia. He was given Martindale Hubbell’s highest rating of AV in 2003. In the July 1999 issue of Richmond Magazine he was also recognized as the One of the Best Workers’ Compensation Attorneys in Central Virginia

http://www.taichiacademy.com.au/default.htm

I am very interested in Martial Arts, as I’ve been training in Tai Chi on and off for ten years as well as an Internal Martial Art called Wu Dao Gong for a year and a half. I have searched many websites to find a good one to write about but none seem to compare to the site by the actual organization that I am fortunately part of. They are called the Tai Chi Academy and their online magazine can be found at a link from their homepage or at: http://www.taichiacademy.com.au/magazine/index.htm

What I find so remarkable about this site compared to other martial art sites is the variety and depth of information shared with visitors. These people really want to paint a true, honest picture about everything that they do and why they do it. ‘Flow like a river, and be still like a mountain.’ This famous Tai Chi quote epitomizes the flowing yet static style of this website. There must be at least a hundred pages about everything from basic school principles for prospective students to recipes for healthy vegetarian food recipes! Martial Arts are a lifestyle to this school and I believe they want to address all aspects of life in a truly holistic approach.

Integrated throughout the site are heaps of photos (most of which are in vibrant color) depicting the actual training as well as cool photos of their field trips to China etc. The magazine site itself is separated into main categories such as Archived Features, Testimonials, Archived Interviews, Suggested Reading, and Vegetarian Corner for Non-vegetarians as well as Links.

Under the ‘Archived Features’ section is a category entitled ‘Training in Wu Dao Gong’. This couple of pages gives the visitor an excellent, detailed perspective on the philosophy behind this training. If you are then interested in finding out more you can click on the Tai Chi Academy actual Home Page and click on the subheading ‘Courses’. There you can read several more in-depth explanations about all the aspects of the training from meditation to physical exercises and their effects. They emphasize that emotional and spiritual development are integral to moving forward down the path of happiness and peace. They are adamant that this is a course for the arts and is not religious in any way.

I found the ‘Testimonials’ section to be quite interesting as there are a variety of responses from students. They come across as being very authentic as there seems to be such a diverse reaction to the training. The Kung Fu seems to have helped so many people ranging from older women to teenage boys. One aspect that everyone comments on is the lack of ego and competitive nature of the instructors. Just like the website, the stigmatic qualities often associated with Martial Arts is not present here; no one is trying to look cool or be aggressive. This is very important to people whom just want to increase their health and self-defense capabilities like myself.

This website is a perfect example of the true function and intention of the Internet, to share positive information and knowledge around the world. Of course the Tai Chi Academy is a business, but the honest and open format of their website reflects the philosophy of their teachings and is appreciated by visitors. All products’ costs are right there to be seen; as there is nothing to hide when monetary gain is not the sole imperative of an organization. A lot can be learned here by companies’ and individuals’ approaches to constructing an identity on the Internet.

Jesse S. Somer, M6.Net

http://www.m6.net

Jesse S. Somer is a bamboo tree bending in the strong wind, but rooted to the ground. He is learning and hoping to show others how to be more flexible and stable in our contemporary world.

A Maryland accident lawyer isn’t very hard to find. There are lots of them, as in every other American state. The Internet or the Maryland phonebook will help you in finding them. The question is: are you sure you need an accident lawyer? In some cases you will only waste your and their time looking for an accident lawyer when you actually need somebody else.

What is an accident lawyer?

That is true for any American state, including Maryland - an accident lawyer is an attorney specializing ONLY in accidents resulting in an injury. It doesn’t matter whether the said injury is physical, mental or psychological, if it happened or will happen. If there is an injury, there will be a place for an accident lawyer. If not - well, you have to look for someone else. You won’t need to go anywhere, though - the lawyers tend to create universal offices where all kinds of cases are taken care of. In the whole USA, including Maryland, every accident lawyer is crme de la crme of the lawyers’ society, but there are simply not enough accidents around to create accident-dedicated law offices.

Accident lawyers in Maryland

There are many lawyer finders on the Internet, but I think the best place to start is the website. Almost every Maryland accident lawyer has his or her link at this page. But in order to decide which one should be yours, you have to know something more about their offers.

Good practices

First of all if you had an accident which resulted in physical injury you shouldn’t be charged until the case is won. By the way, it’s not only the good practice of attorneys from Maryland, almost every accident lawyer in US doesn’t usually force any upfront payment in such situations. Then you shouldn’t listen to all this optimistic lawyer’s doublespeak, but receive some hard information instead. The lawyer should tell you: (1) what the real chances of winning are; (2) how much the case will cost you and (3) what you should and shouldn’t do in order to win the case.

Dave Hoffman is the founder of Personal Injury Atorneys a website providing information on personal injury law

Please remember that you have an obligation to make your employer aware of any accidents, which occur whilst at work. This information should be properly recorded in the Accident Book. Please note, your employer cannot terminate your employment if you make a claim for compensation. If you are in any doubt or concerned over this, we recommend that you consult us immediately.

Are you an employer? Are you self-employed? Are you responsible for work premises under RIDDOR? You need to report some types of work-related accidents and accident at work, diseases and dangerous occurrences.

Reporting an accident at work at work is a legal requirement. The Reporting of Diseases, Injuries, and Dangerous Occurrences Regulations - 1995.

The following must be reported:

Member of the public, taken to hospital

Dangerous occurrences

Major injuries

Work related / industrial disease

Any injury more than 3 days.

Death

Timescales for reporting incidents?

All timescales for reporting accident at work vary. This mainly depends on the following

Any dangerous occurrences should be reported straight away

Immediately after a doctor has diagnosed a work related disease.

Any injury more than 3-days should be reported within 10 days.

Death or major injuries need to be reported immediately

Have you suffered an accident at work? If so, you may well be able to claim compensation from your employer’s insurance company.

Work injury can be defined as any accident at work that could have been avoided. And if the work injury were not your fault, you’re entitled to reasonable financial compensation.

Our solicitors, who are all fully qualified members of The Law Society panel of personal injury experts.

We offer free advice on claims for accidents at work including:

Exposure to avoidable health risks causing accidents at work

Lack of safety equipment causing accidents at work

Exposure to unnecessary hazards or health risk causing accidents at work

Faulty machinery causing accidents at work

Poorly maintained machinery causing accident at work

Unsafe working conditions causing accidents at work

An accident at work is impossible to avoid! If it happens, it happens. It’s something you didn’t plan and it’s an incident you have to live with. There’s over 70% of the population working on business premises, if not, it’s business transports. So be warned now as accidents never sleep.

Work accidents are not common as there is a huge impact from Health and Safety. Checks are carried out periodically to ensure a workplace is free from hazards, to prevent accidents. If however, they do occur, the cause of the accident is investigated and future prevention is carried out. So there is always a big helping hand from the Health and Safety Standards.

If an accident at work does occur, it’s embarrassing. Colleagues can’t believe it happened to you and become more precautious with their role. They feel sorry for you for now, not being able to competently complete your role. So they give you a hand. Initially there’s remorse all around… it becomes an understanding culture.

After a while it becomes a pain, especially for your colleagues who keep putting a halt to their job to help you. Frustration arises and in their heads they’ll be thinking. ‘Now he’s taking the ****!’ But you’re NOT! You are the one that had the accident at work and your body welcomes injuries in different ways to others. After a while tension gathers in the atmosphere and by now you’re reported to the supervisor and disciplinary action is just round the corner.

You feel let down. In a workplace environment, business is business, no matter who you are. You have your own targets and deadlines to achieve. If they’re not met, you will jeopardise your position. This is the game for any business. Each worker has a family to feed, so they need work to fulfil that criteria.

Also an accident at work can possibly jeopardise your position. It could prevent you from carry out your ‘full’ responsibility. Initially everybody understands, but after a while they’ll be thinking ‘it was only a small fall’. But only you know it wasn’t just a small fall. It’s not only made an adjustment to your working life, it also messed up your social and family life. You can’t sleep, shower properly, play sports or even have sex. But only you see that side of the picture, your colleagues don’t. They only see you at work.

Back to your working life… over time, the supervisor now reports you to the person above and you’re just waiting for your name to be called to see the manager. Now it’s going to hit you. You’re either, get laid off, get demoted, or transferred to another department. This is where it hurts the most. The managers can’t do anything but take necessary actions to ensure your position is ‘fully’ meeting its targets.

But he’s your best friend… so, it’s not his company and even if your best friend doesn’t take action against you, someone above his ranking will take action against him. So either way something will happen to your role. Remember, if a business does not fulfil its role to provide product and services to its’ buyers or users, then the definition of business is not fulfilled.

So now what… are you thinking of an accident at work claim? It’s been 11 months since your injury and now you’re thinking of you an injury claim!? If you took action at the early stages of your accident, by now you would have been in a better position.

Nevertheless it happens all the time. Workers ‘think’, been with the company for so long, they won’t do anything outrageous. Well you can’t predict the future and neither can they. But what they can predict is your work performance, past, present and future. They forecast the future of their business and you should forecast your work future.

However you’re scared thinking who’ll be the bread earner if you lose your job. Let’s worry about that in a minute, but first let’s put the cards on the table…

Making mistakes is common practice as you know, nobody’s prefect. Everybody learns from mistakes and ensure they don’t make the ’same’ mistake again.

Anyway, you make a mistake at work, you get told off, make another, you get told off again. Now if you keep making mistakes over time, what the hell do think is going to happen. Your supervisor is going to start looking over your record and start taking disciplinary action against you. First verbally, then in writing. Theses aren’t the same’ mistakes, but they’re made according to your supervisor. Think about it this way, what happens if your supervisor makes a mistake, what will he do? Remember you can only report to the supervisor, there is no contact between you and his supervisors!

Back to the making mistakes… what happens if the company makes a mistake…?

Stuck aren’t you… you can’t think of much besides making a complaint.

If an accident at work occurs, it gets logged and depending on how serious you look in the eyes of the company, you’ll be ‘kindly’ given days or weeks off. Being compensated for sick pay, which you know isn’t much!!! The injury affects your ‘life’, not just your work and the company gives you a couple of days to recover. Now that’s a joke!

No matter what action is taken against you need to make an accident at work claim. Why? This is the only ‘powerful’ solution you have over the company if they make a mistake.

Now you’re both sailing in the same boat.
It’s easy to claim compensation. An accident at work is also a battle with your social and personal life and that’s why a system which provides a NO Cost, No Fear, No Confusion and No Risk factor can only lead you to success at http://www.100percent-compensation.co.uk/accident_at_work.htm

In the United States of America Constitution guarantees that the United States government will protect the states all our republic from foreign invaders. In the case of illegal immigration these people have been invaded our states by crossing the U.S. Southern borders in California, Arizona, New Mexico and Texas. Illegal immigration is illegal and if you do not think that these illegal immigrants are invaders let me give you a few statistics.

Over 50 California hospitals closed because they could not turn a profit due to the fact that they are giving free services to illegal immigrants and they could no longer stay in business. In fact some of these hospitals were delivering more babies of illegal immigrants then U.S. citizen paying customers. Once these anchor babies were born they automatically became U.S. citizens and therefore needed a parent or guardian from their family to take care of them and the babies could not be deported, thus granting permission for the illegal alien mother and or other family member to become a citizen also.

Many illegal immigrants put their kids in U.S. schools that are paid for by the U.S. taxpayer entities illegal immigrants demand their kids be taught in Spanish not in English and this costs school districts millions of dollars and takes away monies from classrooms, staff and teachers, who already have a fairy high attrition rate due to pay scales.

These illegal immigrants are invaders who carry Mexican Flags in protests on the streets, which are paid for by the U.S. taxpayer. Many of these invaders are filling up our federal prisons. In fact 30% of the violent criminals in Federal Prisons are illegal aliens and the Arizona State prison system as 38 percent illegal aliens. That is to say illegal aliens that are not schools to be here the first place and again costing taxpayers millions of dollars.

We could better spend this money giving scholarships to U.S. citizens to go to college. It costs seven times as much to put in illegal alien prison as it does to send and reward a good student with a scholarship. The congressman and senators who conveniently when on vacation during the heated debate over illegal aliens and illegal immigration have failed to uphold the U.S. Constitution to protect our borders from foreign invaders. Consider this in 2006 and we could no longer put up with this bologna.

“Lance Winslow” - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; http://www.WorldThinkTank.net/wttbbs/

The green card lottery is where the Department of State annually awards green cards to immigrants. This is a lottery that is done by a random computer selection. The technical term for it is the Diversity Visa program. The people that conform to the rules and learn to speak English will be able to enter the lottery program.

This is a great way for people that want to become residents of the United States without having to wait for many years. The immigrants that want to apply will have to obtain an application so that they can fill out the necessary paperwork in order to become a legal candidate for this program. This is a once in a lifetime chance for a lot of people and they will take the opportunity very seriously.

You can find the application for this green card lottery online. There are many federal websites that will help people obtain the applications so that they can get a head start on applying for this great program. Once the application is filled out and sent in, it will have to be reviewed. Once the government approves it, that applicant will then be placed in the lottery. There are no paper entries allowed anymore. It all has to be done online or electronic.

There are 50,000 green cards that are given out to many immigrants from all over. These people have complied with all of the rules and taken the time to do all paperwork and make themselves eligible for the program. The individuals that apply must have a high school diploma and two years in an occupation requiring at least two years of training or experience.

Each applicant is limited to one application in the green card lottery. If there is more than one application received, the individual will be disqualified. It is important to follow the instructions and the rules completely. There are so many qualified people that are thrown out of the green card program each year because of the multiple applications that are submitted.

If qualified a husband and a wife may apply to the green card lottery. They may each submit one application and it either is selected into the lottery the other would be entitled to derivative status. This will allow both of them to be entered into the United States. All of the entries must include the name, date and place of birth of the applicant’s spouse and all natural children.

This is an opportunity that you have to sign up for early in the game or you may miss your chance for approval. It is something that most people only dream about and knowing that there is the green card lottery leaves hope in the minds of many people that they will one day be allowed the same freedom of living in the United States.

In this article we’ll see who can sell the assets of the decadent and how it is done.

Suppose the decedent solely owned all properties himself. There are two possible situations that we can consider.

The first situation is one in which there is more than one heir. In this situation, the property has to be shared. Unless the heirs or beneficiaries are homogeneous in their attitude or live in geographically nearby places from each other, this sharing becomes a problem. In this case the assets need to be sold and the proceeds disbursed to the heirs and beneficiaries.

The second situation is one in which the decedent passed away without paying taxes or owed some money to creditors. In these circumstance too, the assets have to be sold, payments on taxes and to creditors paid before disbursing the proceeds to the heirs and beneficiaries.

Whatever be the circumstance, the sale can only be done by the court appointed personal representative. He will either sell the estate or put them in auction, after getting the heirs’ consent. He may do it with the probate court approval or not. This depends on the complexity of the case and the statutory legal requirement where the proceedings take place.

What happens to the value of estates in probate sales? When a court approval is required, the price of the estate is usually lower than otherwise.

As in all other probate proceedings, probate sales are conducted only after a person’s death. The sale process usually takes one to two years to complete. During this time, the court makes provision for an interim allowance, from the sales proceeds, to the beneficiaries and heirs for a comfortable living.

Probate provides detailed information about probate, how to avoid probate, probate court, probate law and more. Probate is the sister site of Free Last Will And Testament Packages.

A will is a legal document that divides your property among beneficiaries - like your spouse and children - and decides the fate of your assets. There are free packages for creating wills available in the market.

The person making the will is called the testator and those receiving any items from the will are called beneficiaries. When testator creates a will, he also names an executor who ensures the smooth implementation of the will on his demise.

Any adult citizen (over the age of 18) of sound mind can draft his will. Drafting a will is a simple process but, becomes more complicated the more assets and more property you possess. In such a case you would require the services of a lawyer to draft a will.

Drafting wills are manipulated as they are future bread and butter of lawyers. The lawyers often offer free last will and testament packages. But when they draft the bill they include clauses that lock in their influence for the future. You will probably get addicted to consulting that lawyer every time in the future. After your demise, your relatives run to your lawyer for their rescue.

Lawyers actually make what are called as “Will Files”. They draft lots of free packages of wills in order to get the probate business. It takes around 10 years to build up a good will file but once set, assures financial success for the lawyer.

Though you feel that you should make your will, don’t be tempted do it yourself. To be valid, a will must be strictly compliant with state law. That law may require a certain language, signature in a particular fashion and a certain number of witnesses. Homemade wills are recognized by only few states, and most homemade will are usually subject to contesting. A vindictive relative can make your will invalid and leave your property at the mercy of the courts.

Many sites on the Internet offer free packages of last will and testament covering a comprehensive list of services. This includes-Distribution clauses, Guardianship clauses (If you have kids), testamentary trust provisions for children, Credit shelter trust, Self Proving Affidavits, Notary Public forms, Debt forgiveness clauses, Funeral arrangement clauses, pet guardianship clauses, and common disaster clauses. These are available in ’standard’, ‘gold’ and ‘vault’ packages according to additional optional features.

It is up to you to do a detailed study and choose the best means to help draft your precious will.

Last Will And Testament provides detailed information about last will and testament, contesting a last will and testament, free last will and testament packages, how to write a last will and testament and more. Last Will And Testament is the sister site of Probate Court.

In Milne v Link Asset Security Company Limited [2005], Mr Milne was employed by Link Asset Security Company Limited (LASL)from 30 September 1999 until 22 December 2003 as a broker and manager.

Mr Milne was suspended from his job by LASL on 12 December 2003, pending a disciplinary hearing on 17 December 2003. At the disciplinary hearing, issues which related to Mr Milne’s performance and conduct were mentioned but without detail. Mr Milne decided not to go to a second proposed meeting on 19 December 2003 and instead resigned to avoid the embarrassment of dismissal. Mr Milne then commenced proceedings against LASL for unfair dismissal and breach of his employment contract.

The Employment Tribunal (criticised LASL’s decision to suspend Mr Milne before the disciplinary hearing, the absence of an investigation before the meeting and LASL’s failure to allow Mr Milne to state his case. The Employment Tribunal however found there was no breach of Mr Milne’s contract of employment as a result of his suspension and the way in which the disciplinary proceedings were conducted.

Mr Milne appealed on the ground that the Employment Tribunal’s decision was perverse in that it did not find that LASL was in breach of the contract of employment.

The Employment Appeal Tribunal held that:-

▪ Mr Milne had to show an overwhelming case that the Employment Tribunal made a decision that no reasonable tribunal would have reached;

▪ Suspension by itself did not constitute a breach of implied duty of trust and confidence and ultimately a fundamental breach of an employee’s contract of employment;

▪ In order to determine whether a suspension constitutes a breach of the implied duty of trust and confidence, the tribunal must have considered the surrounding circumstances including

(i) the reasons for suspension

(ii) the length of suspension

(iii) whether the employee lost his income

(iv) whether the employee was replaced; and

(v) whether the contract required the employer to provide work to the employee;

▪ In this case, the suspension was short, Mr Milne was still in his job, his remuneration was not affected and LASL was keen to ensure Mr Milne stayed. There was therefore no breach of the implied duty of trust and confidence and Mr Milne had not established an overwhelming case that the Employment Tribunal had come to an unreasonable decision.

The appeal was dismissed.

Comment: If you require further information on contracts of employment please contact us.

Email: enquiries@rtcoopers.com

© RT COOPERS, 2006. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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