Ventura Personal Injury Lawyer

Man Fired After Workers' Comp Claim According to Lawsuit

Shannon Weidemann — Sun, 30 Mar 2008 19:22:18 GMT

A man has filed a lawsuit in West Virginia after he claims he was fired after he filed a Workers' Compensation claim. He was injured in a truck accident while working for Catenary Coal Company. The accident happened in June 2007. The company claims he was fired for drug use.

In August 2007, two months after his accident, Bishop was randomly drug tested, which came back positive with reports of hydrocodone and oxycodone. As a result of the test, Bishop was fired.
According to the suit, Bishop provided a second urine screening and hair sample testing, which rebutted the accuracy of the first test, but the company refused to reconsider their decision to fire him.

The man is seeking compensation for loss of benefits, emotional distress, and legal expenses. There is no specific dollar amount asked for in the lawsuit. The company had no comment on the lawsuit.

Originally posted at InjuryBoard by Shannon Weidemann

California Workers' Comp Rates Will Not Change

Shannon Weidemann — Wed, 26 Mar 2008 19:06:11 GMT

An advisory committee has ruled that Workers' Compensation rates in California do not need to be changed mid-year. The Workers' Compensation Insurance Ratings Bureau is set to meet next in August to discuss rates for 2009. Rates are evaluated twice a year and findings are submitted to the state's Insurance Commissioner.

Mid-year filings usually are "limited to instances of major changes in loss experience, legislation or regulation," the Rating Bureau said in a news release. Insurers' year-end loss experience for their California operations "suggests a modest increase of as much as 4.2 percent" is warranted. But the Rating Bureau will continue to track insurers' experience, and wait to propose any change to take effect starting Jan. 1.

Insurance companies are not bound by the insurance commissioner but often listen to the recommendations of the advisory committee in setting rates. The committee is based out of San Francisco.

Originally posted at InjuryBoard by Shannon Weidemann

Ventura Baristas to Share in Recovered Tips

William Grewe — Fri, 21 Mar 2008 12:21:10 GMT

A California state court has ruled in a class action suit brought on behalf of baristas that the coins in the tip jar should not have been shared with managers, under California law, and, therefore, the company must repay the baristas. Should this ruling hold, it could affect other California employers who used a similar practice.

Originally posted at InjuryBoard by William Grewe

Carmichael Man Charged With Workers' Comp Fraud

Shannon Weidemann — Thu, 20 Mar 2008 07:39:33 GMT

A Carmichael man is being charged with workers' compensation fraud after collecting over $150,000 from the state of California. He was a worker at the Preston Youth Correctional Facility and claims he was assaulted by an inmate there. He claims his injuries were so severe he could not work.

The following day, Bourdaniotis allegedly took and passed the Department of Real Estate's salesperson examination, which had a 63 percent failure rate on that day, according to the release.
All this came while Bourdaniotis allegedly claimed his injuries were so debilitating that he "could not follow the plot of a TV program," the release said.
In later months, investigators found that Bourdaniotis got a state contractor's license while still on disability, the release said.

The man has been charged with six counts of felony workers' compensation fraud. He faces up to 30 years in prison if convicted.

Originally posted at InjuryBoard by Shannon Weidemann

California Officials Warn About Lead Danger

Shannon Weidemann — Thu, 20 Mar 2008 07:08:17 GMT

Lead is a toxic substance that can cause brain damage, seizures and death. The California Department of Toxic Substance Control is trying to get the message out that lead can even be found in something that seems harmless like jewelry. Jewelry used in piercings can be especially dangerous.

"Body piercings may be particularly vulnerable to poisoning since lead can enter the bloodstream through the pierced areas," said Maureen Gorsen, director of California's Department of Toxic Substances Control in a written statement.
To get the point across, officials of the department were in Berkeley on Thursday at Zebra Tattoo and Body Piercing Shop to spread the word that jewelry must have less than 10 percent lead as of March 1 and less than 6 percent by Aug. 30, 2009.

Stores found to be selling jewelry with a lead content that exceeds the legal limit will be fined up to $2,500 a day for each piece of jewelry.

Originally posted at InjuryBoard by Shannon Weidemann

Utah Man Sentanced for Investment Fraud

Shannon Weidemann — Thu, 20 Mar 2008 06:32:58 GMT

A Utah man that frauded investors out of $15 Million. He coerced people to invest in his car sales and leasing business. A judge sentenced him to five years in federal prison for his crime.

The indictment says Wynn employed investor recruiters and held seminars to get people to sign on. Wynn allegedly told investors their investments would be monitored in a third-party escrow account and would be secured by property valued at 150 percent of the investment. Prosecutors say those claims were untrue and that those charged with holding the investment funds were not bonded escrow agents.

Wynn plead guilty to the charges in a plea bargain. The judge also ordered the man to pay back the $15 Million to all of the investors. People in California, Idaho, and Arizona were victims of the fraud. The defendant hoped to forgo prison time in order to work and pay them back.

Originally posted at InjuryBoard by Shannon Weidemann

Yamaha Recalls Snowmobiles Because of Problem With Steering

Jenny Albano — Tue, 16 Oct 2007 16:34:05 GMT

Yamaha, in conjunction with the CPSC, is recalling about 5.700 2007 Model Year PZ50 Snowmobiles because snow and ice can get stuck around the steering idler arm and can cause a loss of steering ability. This poses a risk of injury or even death to drivers and passengers if an accident occurs.

This recall involves all model year 2007 PZ50 snowmobiles, including PZ50W (Phazer), PZ50FXW (Phazer FX), PZ50GTW (Phazer GT), PZ50MW (Phazer Mountain Lite), and PZ50VTW (Venture Lite) model snowmobiles.

So far there have been no injuries reported to Yamaha or the CPSC. The snowmobiles were available in Yamaha stores nationwide from June 2006 to September 2007 and were manufactured in Japan.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Plane Crashes in Chattanooga

Shannon Weidemann — Fri, 21 Sep 2007 17:06:53 GMT

Four men were injured when a small plane crash landed in Chattanooga. The plane was trying to make an emergency landing at a Chattanooga airport and fell short of its goal. It landed in a shopping center parking lot, hit two cars and a lightpole.

Investigators were looking into whether the plane ran out of fuel as it approached Chattanooga Metropolitan Airport, police Sgt. Jerri Weary said.
The Beechcraft King Air twin turboprop had left Birmingham, Ala., for Georgetown, Ky., and was preparing to land in Chattanooga when it crashed Wednesday evening at the Brainerd Village Shopping Center, about 2,000 feet from the runway, according to authorities and a relative of one of the passengers. Bystanders helped pull the passengers from the plane.

The pilot noticed the fuel guage was close to empty during the flight and was unsure if the reading was accurate. He decided to try for an emergency landing in Chattanooga. All four men are in the hospital being treated for their injuries. The FAA is investigating the plane crash.

For more information on this subject, please refer to the section on Airline, Cruise, Bus and Other Mass Transit Accidents.

Originally posted at InjuryBoard by Shannon Weidemann

AIDS Drug Contains Carcinogen

Shannon Weidemann — Mon, 10 Sep 2007 19:16:08 GMT

An AIDS drug manufactured by Pfizer contains a human carcinogen due to an effect of the manufacturing process. Viracept is not being recalled but a warning letter is being issued to doctors. A similar drug manufactured in Europe by Roche Ltd. was recalled.

The U.S. Food and Drug Administration said, however, that some patients might already have been exposed to EMS levels higher than what the FDA considers to be an acceptable limit.
Still, the FDA has decided against a recall of Viracept manufactured by Pfizer because of the lower levels of EMS in the drug when compared to the levels found in Europe.

The FDA feels the risk of not taking the protease inhibitor is far lower than the risk of taking the drug. The carcinogen is ethyl methanesulfonate.

For more information on this subject matter, please refer to the section on Drugs, Medical Devices, and Implants.

Originally posted at InjuryBoard by Shannon Weidemann

Plane Crash in California Kills Six

Jenny Albano — Sun, 02 Sep 2007 17:13:27 GMT

A small plane crashed on Friday, August 31, close to the Kern County Airport and killed a family of six after bursting into flames. The plane left from Santa Monica Valley Airport and was headed to the Kern Valley Airport when the plane crashed.

The Lancair Columbia was consumed in a grassfire sparked by the crash, reported shortly after 5:40 p.m., but the one-acre blaze was quickly contained, Kern County Fire Department Capt. Tommy Brown said.

All the passengers on the plane were killed in the accident, including at least one infant. The family was on their way to Kern county for a camping trip. The names of the deceased have not been released so family members could be contacted first.

Witnesses said that the plane looked like it stalled before the crash, but The National Transportation Safety Board and the Federal Aviation Administration say these are preliminary reports and will fully investigate the cause of the plane crash.

For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Tranist Accidents.

Originally posted at InjuryBoard by Jenny Albano