Friday Feed #29: The Halloween Edition

The History of Halloween
Halloween magazine looks at the roots of this time of year.

Wikipedia: Halloween
Check it all out here from the history to the food.

Top 10 Places To Get Spooked on Halloween
MSNBC takes a look at 10 places where the freaks come out at night.

Disgustingly Delicious: 8 Gross-Looking Halloween Recipes
You'll double take before you eat this.

Top 5 Creepiest Halloween Candy
Yep, I'd think twice before eating a candy named "Zip Poppers"

Bark Vader?
Just click it.

Top 10 Films For a Halloween Movie Fest
Baruch College student, Gizelle Lugo, shares top 10 must watch films for Halloween.

5 Questions About North Carolina Car Accidents Answered

1. I did not feel pain at the scene and refused medical treatment. Now, a few days later I am in pain. What should I do?
You should immediately consult your medical provider regarding any pain, discomfort or possible injuries from a car accident, even if you think they may be only minor injuries. Even if you did not complain of injuries at the scene of the car accident, you may be entitled to payment of your medical bills, compensation for pain and suffering, lost wages, loss of earnings capacity, and emotional distress due to personal injuries. You should consult an experienced car accident attorney to discuss whether you need representation on your claim.

2. What if the driver was not wearing a seatbelt at the time of the accident? Can damages be recovered?
North Carolina law does not bar a victim's right to compensation just because they were not wearing a seatbelt.

3. I loaned my car to a friend who was involved in an accident. Am I liable if my friend was at fault?
If someone else is driving your vehicle, as long as that person had your expressed or implied permission your insurance coverage will cover the accident. You could be held liable for the accident along with your friend if your friend was operating the vehicle for your benefit or you negligently entrusted the vehicle to your friend.

4. If I get injured in a car accident but do not have insurance, can I still sue and recover for my injuries?
You can recover from a third party who is responsible for your injuries even if you do not have insurance. However, if the third party responsible for the accident does not have insurance then you may not be able to recover for your injuries.

5. Can a passenger in the car recover for injuries caused by the driver?
If the driver was negligent in the accident, then usually a passenger can recover from the driver for injuries the passenger sustained. However, if the passenger contributed to the accident in any way, he could be barred from recovery. For instances if the driver was drunk and the passenger knew or should have known, the passenger would be considered contributory negligent and would be barred from recovering from the driver or the driver's insurance.

Chicago Tribune Investigative Report Finds Nursing Home Abuse in Illinois By Way of Psychotropic Drugs

When the term "Nursing Home Abuse" or "Nursing Home Negligence" is spoken, many people think of physical abuse which result in bumps and bruises or someone not receiving the care they need for their medical condition.

Recently, the Chicago Tribune performed an investigation on Illinois nursing homes which uncovered a type of abuse that might be an afterthought in facilities, medication abuse. The investigative report found over 600 instances of residents being given psychotropics without the consent. A psychotropic drug is define by Medterms.com as the following:

Psychotropic drug: Any drug capable of affecting the mind, emotions, and behavior. Some legal drugs such as lithium for depression are psychotropic.

Bullet Points and findings from the report:

• A resident was held down and given a anti psychotic then later suffered a fatal head injury due to a fall.

• A female resident was given a drug partly because she refused to wear a bra.

• An 87 year old male resident was given drugs because he was "easily annoyed."

• The report found 1,200 violations involving medications.

• The report found 2,900 residents were affected.

• Two-thirds of Illinois facilities were cited for violations that involved psychotropic drugs.

To read the full report from the Chicago Tribune, please click here.

CBS News Video on Cost of Living Adjustment and Social Security

Since it has become official that there will be no cost of living adjustment in 2010, we have been keeping you up-to-date on the news. Today we bring you a little over a two minute segment on CBS News about the cost of living adjustment, the economics behind it and just how those who depend on Social Security benefits will feel the effects in the year to come.

Again, the media wants to focus on the Senior Citizen aspect of the COLA, but without a doubt it will place those who are on disability in the same adverse situation.

Friday Feed #28

Mythbusters test golf ball-like dimpling effect on fuel economy
Golf balls have dimples to reduce the airs drag and fly further. Would you be able to save gas if the same theory is applied to a car? Check it out.

Jordan's Son's Insistence on Nikes Could Cost School Millions
When your dad is not only sponsored by a company, but has his own brand, seems like you'd have to wear his gear.

10 Cool Concepts from the Tokyo Auto Show
Nothing wrong with thinking out of the box a little bit.

Where Are They Now? 13 NFL Draft Busts
Catch up with some guys who, for whatever reason, just never panned out in the NFL.

Autumn Scenes
Boston.com's Big Picture blog takes a look at Autumn.

$250 Check Proposed For Social Security Beneficiaries

A day after it was made official that there would be no cost of living adjustment in 2010, President Obama proposed a one time $250 check be sent to all of the Social Security beneficiaries.

The plan would still need to meet congressional approval before it is put into action. The payment is equal to roughly a 2% increase from last year's payment. Even with the proposal, some groups want more in the economically adverse situation. The following is from a Wall Street Journal article on the subject:

The Senior Citizens League, a nonpartisan group dedicated to protecting seniors' benefits, said $250 wouldn't go far enough for many elderly people struggling with high health-care costs. The group wants an emergency cost-of-living increase of 3%, rather than the White House's one-time payment.

If President Obama's plan is approved, it would be the second $250 check that Social Security beneficiaries have received in as many years.

Let us know what you think in the comments section. Is this too much, not enough or is it just right?

Forklift Injuries and North Carolina Workers' Compensation

With their ability to move heavy pallets and other materials, forklifts have become an indispensable tool in American business and industry - from factories to warehouses, to construction sites and supermarkets.

Unfortunately, they also play a role in thousands of serious on-the-job injuries and deaths. In the United States forklift-related accidents kill as many as 100 workers each year and seriously injure another 20,000.

The forklift itself, as well as the operator and the workplace environment, all play a part in injuries and fatal incidents. Many workers and employers are not aware of safety procedures or the proper use of forklifts, increasing the likelihood of injury or death. Poorly trained operators may not be aware that they should avoid turning on grades, ramps, or inclines. Untrained operators may not know to stay with the forklift if a tip over occurs.

The three most common forklift-related fatalities are: 1) forklift overturns; 2) other workers struck by moving forklifts; and 3) falls from forklifts. Among those, forklift overturns are the leading cause of fatalities, leading to one of every four deaths. About one in every five fatalities involves another worker being struck by a forklift, while one in every six fatalities occurs when a victim is crushed by a forklift.

Employers can reduce the risk of forklift accidents by providing a safe work environment, proper training for operators, and other safe work practices, including traffic management in areas where forklifts are used.

Employers are required to comply with OSHA regulations and properly maintain brakes, steering mechanisms, lift overload devices, and guard and safety devices. When work is performed from an elevated platform, a restraining means such as rails or chains must be in place, or a body belt must be worn by the person on the platform. When those safety regulations are overlooked or ignored, the outcome can be deadly for employees who operate or work near forklifts.

Hardison & Associates Young Lawyer Tips #6

Every Tuesday a selected attorney of Hardison & Associates will share tips that helped them through law school and their early career as a lawyer. These tips will range from advice on how to study for the LSAT, law school classes and the bar exam to how to handle a case load once you start practicing in your selected area. If you would like one of your questions answered about becoming a lawyer please e-mail us at wsc@lawyernc.com.

This week's tip comes from Norman Adrian Wiggins School of Law graduate Adam Bridwell.

If you're going to take the LSAT, a study guide is a must have. This week we'll provide links to 10 different books that will help you get familar with the LSAT early, and if you choose, often.

1. LSAT For Dummies
2. LSAT Workout

3. Cracking the LSAT 2010 Edition

4. Kaplan LSAT 2010 Edition: Strategies, Practice, and Review

5. Master The LSAT

6. LSAT Logic Games Workout
7. Atlas LSAT Logical Reasoning Strategy Guide

8. 101 Ways to Score Higher on Your LSAT

9. 10 Actual, Official LSAT Preptests
10. The Official LSAT SuperPrep

It's Official: No Cost of Living Adjustment for 2010

As we have been following on our blog, there was a possibility that there would be no cost of living adjustment for 2010. We even went as far as breaking down exactly how the COLA is calculated and what it was looking like for the 2010 year.

If you looked at the numbers closely, you could see that there was at best a very slim chance in there being an increase in 2010. Those slim chances are now gone as the Social Security Administration announced last week that there will not be a cost of living adjustment for 2010.

Since the COLA went into effect in 1975 there has never been a year where those on Social Security benefits didn't see an increase. The smallest increase Social Security beneficiaries have seen since its inception was a 1.3% increase in 1986 and 1998.

In out blog post where we break down the calculation of the COLA, it is said over and over that it is based off the numbers of the 3rd quarter Consumer Price Index for Wage Earners. Since there was no increase this year, the 2011 COLA will be based off the numbers of the 2008 third quarter numbers.

We'll update the blog as more news comes out about the 2010 COLA, or lack thereof.

Friday Feed #27

Let's take a look at what popped up on the Internet this week.

Which 10 Cities Have the Most Urban Gardens?
The Daily Green looks at cities that have their green thumb.

20 Perfect Water Reflections
Symmetry in nature.

50 Ways to Never Waste Food Again
Make your leftovers the main dish.

35 Years of the World’s Best Microscope Photography
Getting a closer look.

WRAL Channel 5's Out and About
Check out what's going on around the Triangle this weekend.

What Are Possible Birth Defects Associated With Paxil?

HeartA majority of studies found that the heart defects associated with Paxil are septal defects in both the atrium and ventricle. Septums are walls in the heart that divide the right and left side. The left side of the heart is used to pump oxygenated blood throughout the body while the right side pumps blood to the lungs to become oxygenated. With this defect, the heart walls contain holes and do not separate the two different types of blood. This leads to the heart pumping blood to the body that is not oxygenated and pumping blood to the lungs which has already been oxygenated. The heart will subsequently have to work harder, causing high blood pressure and enlargement of the heart. Over time, there can also be damage to the blood vessel walls. These defects can range from medically insignificant to very severe depending on the size of the holes in the heart.

Persistent Pulmonary Hypertension
Also known as persistent fetal circulation, this defect affects the newborn’s lungs and blood flow. After birth, the newborn’s blood circulation dramatically changes, due to the new need for breathing on its own. If this defect is present, the newborn’s circulatory system will revert back to how it operated as a fetus and bypass the lungs in its distribution of blood. As a consequence, vital organs may fail from lack of highly oxygenated blood.

Abdominal
An abdominal defect that could result due to the use of Paxil is omphalocele. Omphalocele is present when a newborn’s intestine or other abdominal organs protrude from the navel after birth.

Cranial
Craniosynostosis is a defect that causes one or more sutures on a newborn’s head to close earlier than normal. This can lead to an abnormally shaped head in newborn children.

ClubfootClubfoot is a condition at birth where an infant’s feet are turned inward and downward. Treatment of this disease usually involves turning the foot and placing it in a cast.

Neural TubeNeural tube birth defects are those of the brain and spinal cord. Spina bifida is one of the most common neural tube defects in which the fetal spinal column never completely closes during the first month of gestation. As a result, nerve damage, and potentially leg paralysis, is a common symptom. Ultimately, death can also be associated with neural tube defects.

Paxil Maker GlaxoSmithKline Ordered To Pay 2.5 Million To Family

A Philadelphia court found Tuesday that GlaxoSmithKline failed to warn both doctors and pregnant women of the side affects associated with Paxil. A 2.5 million dollar settlement was handed down to the family of a child who was born with a heart defect in association with his mother taking the drug while pregnant.

Over a two day period the jury deliberated and found the company guilty of negligence, but not of outrageous conduct. This verdict is the first of about 600 lawsuits that have been filed around the country. GlaxoSmithKline does not agree with the decision and plans to appeal.

The following is information on Paxil from Drugs.com:

Paxil is an antidepressant in a group of drugs called selective serotonin reuptake inhibitors (SSRI). It works by restoring the balance of serotonin,a natural substance in the brain, which helps to improve certain mood problems. Paxil is used to treat depression, obsessive-compulsive disorder, anxiety disorders, post-tramautic stress disorder, and premenstrual dysphoric disorder.
You can read more on the verdit by following the links below:

Glaxo Ordered to Pay $2.5 Million for Paxil Defects
Jury orders Glaxo to pay $2.5M in Paxil case
Glaxo Hit with $2.5 Million Jury Verdict in Paxil Test Case

Hardison & Associates Young Lawyer Tips #5

Every Tuesday a selected attorney of Hardison & Associates will share tips that helped them through law school and their early career as a lawyer. These tips will range from advice on how to study for the LSAT, law school classes and the bar exam to how to handle a case load once you start practicing in your selected area. If you would like one of your questions answered about becoming a lawyer please e-mail us at wsc@lawyernc.com.

This week's tip comes from University of North Carolina School of Law Graduate Jack Hardison.

You can study all you want. You can take all the notes you want. You can be the most dedicated student in your classes, but if you don't have time management it will all be for not. Time management is essential for your success in law school. Start out with some of the following tips where you can manage your time efficiently from year one to graduation.

1. Set aside blocks of time for study
During the week set aside 50-90 minutes a night where you can go to a quite place and study on materials you covered that day in class. This will get your mind in a routine and allow for a solid study session. Those who do not have a set study time will find their mind wondering off to other subjects. If you just can't do it for a 50 minute period. Set aside two 25 minute blocks of time with a break in the middle. Just make sure you get your studying in.

2. Look at the big picture
Checking out work everyday is great, but you may fall into a funk where you are just seeing daily assignments and not seeing the big picture in all that you are doing. Every Sunday night before you get back into the week check what you have done in class and then see what is coming up next. This will refresh your mind and also prepare it for the future. There is no substitute for being prepared. So take 20 minutes each Sunday to see if everything you are doing is pointing in the direction you want to go.

3. Keep a calender
This is a must. You will be swamped with work and even social events throughout the week. Take control of your time, assignments, social events, homework, etc. by keeping a calender of everything you need to do either on paper, computer or your phone. Time management starts with this step and ends with a dedication to making it happen. You can't make it happen if you are just remembering what you have to do.

Try these out and you will find more time will become available for your own hobbies and interests.

Administrative Law Judges Feel Backlog is Too Long

This blog has featured many stories from news stations, newspapers or other news source around the nation that have done a story on Social Security Disability. Most of those stories have quotes from either attorneys, people seeking disability or even the commissioner of the Social Security Administration.

So how do Administrative Law Judges feel about the current climate with Social Security Disability and how long it takes for claims to be processed through. For their opinions we'll look at some excerpts of Dan Herbeck's article in the Buffalo News. Please take a look at the whole article here.

“People deserve the right to have their cases heard within a reasonable amount of time. The current waiting time is not acceptable,”

-Marilyn Zahm

“I once received a letter from a family member of a man who waited for a long time for his case to be heard, and before it could be heard, the man died, It made me feel terrible. . . . That just shouldn’t happen.”

-Randy Frye

Other problems in the system according to Administrative Law Judges:

• Far too many applicants — about two of every three — are turned down, sometimes for no logical reason, when they first apply. Later — only after months of waiting and having to hire attorneys — most of those people are approved for disability.

• The system has little or no flexibility. The judges are required to approve disability pay for life to a person who, in their opinion, should receive it for a year or two.

• They are pressured by Social Security Administration officials to rush cases through the system, when, in some cases, they would like to spend more time researching a case in the best interest of taxpayers and applicants.

Friday Feed #26

The weather tells you fall is here, so fall right into the Friday feed.

10 Stunning Pumpkin Carvings
Take a look at some of these creations to get your creative juices flowing.

For Flu Season: The Top 5 Comfort Foods and Drinks
If you get sick, take note of this list of food and drinks to help you get through.

Cast Away: 5 Amazing Stories of Messages in Bottles
Be sure to listen to this song while you read the stories.

Top 10 Most Superstitious Athletes
These athletes take it to the next level to ensure victory. If you want, you can listen to this song while you read these.

10 Most Brilliant Products of 2009
Popular Mechanics takes a look at some of the best products to be put on the market in 2009.

The Raleigh Muscular Dystrophy Association Office Epitomizes Hard Work

This year, as you have seen on our website and blog, we have been building a relationship with the folks at the Raleigh MDA. We figured we'd share how hard they have been working. Putting it that way may be an understatement. They are a very humble group and would never boast about how hard they are working, so we figured we’d toot their horn a little bit for them on our blog. Everyone in the Hardison & Associates office was sad to hear about the cancellation of the MDA Camp. This happened around the time that our office and the Raleigh MDA office were getting to know each other a little better. Each side was getting a feel for the other side’s personalities. One thing we picked up on early and often was the resilience of this group. They didn’t sit around shocked about the news. They were too busy planning a picnic to take place of the camp.

The planning session turned into a day at Crowder Park in Apex. The location couldn’t have been any better. Crowder Park is a beautiful place. The particular picnic spot they picked was right beside a pond that was filled with all kinds of wildlife. At one point, almost everyone at the event was on the bridge watching the wildlife swim around and it was like the turtles and fish were putting on a show for all to see. They might have just been hoping for someone to thrown their way. Either way, it was a calming and unique view.

As for the food, the Raleigh Fire Department took care of this. These guys are trained to put out fires, but they sure do know how to use it to make some great burgers and hot dogs. Cooking skills aside, they are a great group of guys and once again answered the call to action. While all the adults were in conversation, the kids were busy playing games, making arts and crafts and getting their face painted. It was a very hot day; so needless to say, a water gun fight or two broke out. This was about the time when the adults broke conversation and let the kid in them come out again.

In a short period of time Marcy, Laura, Mary, Krissy and Maria were able to organize food, location, games, invitations and extra help to make sure the event went as planned. Every child and adult that attended that day had a great time. Hearing the news of the cancellation of camp did not faze this group one bit. They turned a negative into a positive and in a way it was a microcosm for what they do each day. If you have worked with this group in any capacity, you know that they are working hard for a cure. Even though they will never personally admit to how hard they work, we felt that it needed to be said.

Until Next Time,

Ben Cochran

Why Medical Records Are So Important For Social Security Disability Claims

It is vital that a person who is seeking disability benefits keep sound medical records. This is where the rubber meets the road so to speak. For an example of why this step is so important, read the following hypothetical situations:

JERRY
Jerry approaches you and says that he owns two cars, a house and works at a landscaping company. When asked to prove all these claims he only tells you where he bought the cars, where his house is located and what his job duties are at his company. He refuses to show you any kind of tangible evidence that back up his claims.

ROBERT
Robert appraoches you and says that he owns two cars, a house and works at a landscaping company. When asked to prove all these claims he provides you with the titles to the cars, deed to the house and check stubs from his employer. He then shows you identification to make sure the name on all the documents match up.

Here is variable about this hypothetical situation, both Jerry and Robert are telling the truth. They both own all these things and live in these houses and have jobs where they say they do, but if both approached you which one would you be more willing to believe?

This is the same way Social Security Disability works. If a person makes a claim that they are disabled, they will need records to back it up. Where a person who claims to have a car can show you the title, a person who claims to have a disability can show a documented history of their doctors' expert opinion. It may be two different claims, but the principal remains the same. You must have backing evidence of your claim.

Friday Feed #25

Coming up next week is the Durham MDA Lock up at the Millennium Hotel . Going to be a great time.

11 Colorful Droplets Captured In High Speed

Dropping colorful liquid into other colorful liquid can be art. Check it out here.

10 Uncomfortable Pieces of Furniture

You wouldn't want to sit here.

12 Awesome Burgers
The Chicago Tribune shows some burgers that take it way past two all beef patties, special sauce, lettuce, cheese, pickles, onions on a sesame seed bun.

WRAL Channel 5's Out and About

Check out what's going on in the Triangle this weekend.

Meet The Canes

With the hockey season underway, isn't it time you met the local team, the Canes?

3 More Questions About North Carolina Workers' Compensation Answered

Q. Is a worker who sustains an on-the-job injury entitled to compensation if the injury causes disfigurement?
Yes. N.C. Gen. Stat. §97-31 allows for compensation for disfigurement if there is no other compensation payable under the statute for that injury. If the disfigurement is to the face or head then the law allows up to a max amount of $20,000.00 for the disfigurement. If the disfigurement is to any other body part then compensation may be payable up to $10,000.00.

Q. What is a “third party” case?
If you are injured on the job and suffer a compensable injury wherein it was due to the fault of another party other than the employer then you may have a cause of against that “third party.” If that is the case then the workers’ compensation carrier may also have a lien in this matter. The amount of their lien is limited to medical treatment and disability benefits that they have provided for you by way of your workers’ compensation claim. In order to resolve the third party action you will need to address this lien with the workers’ compensation carrier. It may be possible to have the lien waived by the carrier or extinguished by a Superior Court Judge.

Q. Can an injured worker be harassed or fired for filing a claim for workers’ comp benefits with the North Carolina Industrial Commission?
No. It is against the law for an employer to terminate an employee for filing a workers’ compensation claim. This is covered by both state and federal laws.