Third Party Lawyer In California: You Need To Find Out If You Have A Third Party Work Injury Case

Third Party Lawyer In California: You Need To Find Out If You Have A Third Party Work Injury Case

by

William Turley

California workers’ compensation is a no-fault system. Regardless of whether you are to blame or whether your employer is to blame for the accident, if you were hurt on the job, then under California law, you are entitled to workers compensation benefits. However, if your work injuries were caused by someone else other than your employer or a co-worker, you may be able to file a lawsuit to obtain fair compensation from that person or company. The lawsuit is in addition to your workers compensation claim.

If you have a potential third party case, in addition to your California Workers Compensation Lawyer, you will need a California Third Party Attorney. Rarely will a California Workers Compensation Attorney have the skills necessary to handle a serious third party work injury case.

The general rule is that an injured employee cannot bring a civil lawsuit against their employer for injuries occurring while they are in the course and scope of their employment. Instead, the general rule is that, worker’s compensation benefits are your exclusive remedy against your employer.

[youtube]http://www.youtube.com/watch?v=UcE6GJ05W0o[/youtube]

This is called the “Exclusive Remedy Doctrine.” This means that you can only recover workers compensation benefits from your employer. With a California workers compensation case, you can not recover civil remedies from your employer, such as pain and suffering, past and future wage loss, loss of enjoyment of life, money for scarring and disfigurement, and/or emotional distress.

If someone else is legally responsible for your injuries, then you can pursue civil remedies against this other person and/or entity. Any person/entity other than your employer that is legally responsible your damages is a third-party.

Generally, a workers’ compensation recovery does not preclude a civil suit by you against a negligent third-party. An employee’s civil lawsuit against persons/entities other than your employer is termed a “third-party case” or “third party claim” or “third party work injury lawsuit.”

Potentially, you can recover much more money in a third party civil case. A third party case can mean you receive hundreds of thousands of dollars more in compensation. Or in some cases, millions more in compensation for your work injuries.

Disclaimer:

This article should not be read as legal advice. This article is simplistic in order to achieve clarity. If you have a serious work injury, you are advised to consult with a California Third Party Lawyer. Do not rely on your California workers compensation lawyer to determine whether you have a viable third party case. Always consult with a lawyer that specializes in third party work injury cases. Unfortunately, there are very, very few good seasoned Third Party Lawyers in California.

Finally, whenever you go to court asking for money, your credibility is always at issue. Meaning, nobody is going to believe you. If you get caught in a lie – you will lose your case. The simple rule is this: always tell the truth. Never exaggerate your injuries.

Bill Turley is a

Third Party Lawyer in California

. He has the most comprehensive California work injury attorney website. Bill is the highest rated

California Workers Compensation Lawyer

by AVVO.com.

Article Source:

ArticleRich.com

Australian comedians “could have been shot” during APEC prank

Friday, September 7, 2007

According to the highest ranking police officer in New South Wales, the cast and crew of Australian TV show, The Chaser’s War on Everything could have been shot during a prank staged in Sydney where they breached APEC security.

The comedians staged a fake motorcade to gain access to the APEC restricted area in Sydney’s CBD. It is believed that the motorcade was waved through security checkpoints on Macquarie Street and ended up just metres from the hotel where United States President George W. Bush was staying. Police moved in on the group when one of the pranksters emerged from a vehicle dressed as Osama bin Laden.

Police commissioner Andrew Scipione said the prank could have resulted in someone being injured. “The reality is… (they) put security services in a position where they might have had to take an action no one would want.”

“We have snipers deployed around the city. They weren’t there for show, they mean business, that’s what they were there for,” said Mr Scipione.

I’m angry, I’m very angry that this stunt happened, it was a very dangerous stunt.

Mr Scipione was annoyed that the stunt had been carried out. He said “I’m angry, I’m very angry that this stunt happened, it was a very dangerous stunt.” The commissioner also said that the comedians had already been warned about carrying out pranks during APEC. “The people that were involved were told – we told them, we sent them maps, … We made it very clear that they shouldn’t do stunts, particularly those that were going to be dangerous,” said Mr Scipione.

Neil Fergus, senior executive for Intelligent Risks and former intelligence chief for the Sydney Olympics spoke out against those responsible for the prank. He reinforced that the prank could have ended up in someone being hurt and commended the police for dealing with the situation in the way they did.

“People can talk over each other on radios and there can be confusion, so the police response – I think – was terrific,” he said.

“And thank God it was what it was. You’ve only got to look at the experience that a very professional police service had in London when a young Brazilian was tragically shot by anti-terrorism forces.”

“So I think the police are to be commended with the professional way that they did identify the incursion, the restraint that they showed in handling it and the fact that what we’re talking about today is a bad and irresponsible joke, instead of a more tragic set of circumstances.”

The show’s executive producer Morrow denied placing anyone in danger.

“Was it irresponsible? I wouldn’t think so. Hard to say,” he said.

“No, no. We had no intention of harming anyone. Sorry guys … Lucky it was us and not Al Qaeda.”

Retrieved from “https://en.wikinews.org/w/index.php?title=Australian_comedians_%22could_have_been_shot%22_during_APEC_prank&oldid=2465251”
Posted in Uncategorized

Toronto transit workers ordered back to work

Sunday, April 27, 2008

Canada’s largest public transit system is expected to resume service Sunday evening after the Ontario provincial government ordered striking Toronto transit workers back to work today. Service was shut down when transit workers suddenly walked off the job on Friday, having just voted to reject a labour contract deal made the previous weekend.

The provincial legislature met in an extraordinary Sunday afternoon session to pass Bill 66, the Toronto Public Transit Service Resumption Act, 2008 which not only orders the transit work to resume, but includes follow-up arbitration to resolve outstanding disagreements between transit management and its unions. The largest union affected is Local 113 of the Amalgamated Transit Union, but the legislation also affects workers unionised under International Association of Machinists and Aerospace Workers Lodge 235, and the Canadian Union of Public Employees Local 2.

Union members who defy this law could be fined C$2000 per day, while the union itself would risk a daily fine of C$25,000. However, ATU Local 113 president Bob Kinnear indicated that his union would respect the law and return to work while supporting the choice of Kevin Burkett as arbitrator. Wages were not an issue for union members, who voted against the earlier draft contract out of fears regarding compensation for on-the-job injuries, and for maintenance workers’ job security.

Toronto’s subways, streetcars and buses will operate on a limited service for Sunday evening, with full service expected as the work week begins Monday morning.

Retrieved from “https://en.wikinews.org/w/index.php?title=Toronto_transit_workers_ordered_back_to_work&oldid=630381”
Posted in Uncategorized

NYSE to merge with Archipelago; NASDAQ to buy Instinet

Sunday, April 24, 2005

New York Stock Exchange (NYSE) announced last Wednesday that it has agreed definitively to merge with Chicago-based Archipelago Exchange (ArcaEx) and form a new publicly traded, for-profit company known as NYSE Group. This announcement was followed two days later by NASDAQ®, which independently announced a definitive agreement to purchase Instinet Group.

Archipelago and Instinet are innovative e-trading (electronic trading) companies, and formerly were the two largest American rivals to NYSE and NASDAQ, in recent years taking increasingly large portions of their market share. The Securities and Exchange Commission (SEC) and other regulatory agencies still have to review and approve the transactions, particularly with respect to US securities law and antitrust law, in order to ensure that the marketplace remains lawful and competitive.

Other pending issues for NASDAQ include obtaining the approval of Instinet shareholders, as well as customary closing conditions. NYSE must obtain the approval of its members and Archipelago shareholders.

These changes, a reaction to increased e-trading competition and a changed regulatory environment, will result in NASDAQ and NYSE trading each other’s shares and attempting to grab market share, which many hope will drive down transaction costs and ultimately benefit consumers. However, at least one commentator, Dan Ackman writing in Forbes, has noted that the trading commission at the NYSE currently averages less than a nickel (US$0.05) per share, and was less enthusiastic about potential efficiency gains from electronic trading at the exchange.

The transactions are also intended to make the two leading American stock exchanges more globally competitive with such exchanges as the London Stock Exchange, the Frankfurt Stock Exchange, the Toronto Stock Exchange, and the Australian Stock Exchange located in Sydney.

Retrieved from “https://en.wikinews.org/w/index.php?title=NYSE_to_merge_with_Archipelago;_NASDAQ_to_buy_Instinet&oldid=744644”
Posted in Uncategorized

The Benefits Of Installing A Solar Photovoltaic System In Hawaii

byAlma Abell

There was a time when energy costs in Hawaii were higher than many other areas of the country, but solar energy has changed that picture. Several years ago residents began to harness the sun’s power to create renewable energy, and today it is very common to see a Solar Photovoltaic System in Hawaii, as more residents choose eco-friendly, affordable solutions.

Solar Solutions Are Economical

When solar energy was first introduced it was often too expensive for the average homeowner. However, as technology advanced and providers became more efficient, equipment and installation costs have gone down and now it is typical for a new home to include a Solar Photovoltaic System in Hawaii. Experts such as The Sonshine Solar Corp can provide equipment that allows homeowners to harness the sun’s power to produce all of their home’s electric. They offer solar hot water heaters, too. It has been estimated that customers reduce utility bills up to 50% with natural energy. They reduce water heating costs by up to 90%. Installation of renewable energy equipment entitles customers to State and Federal Tax credits. Their savings and rebates make conversion cheap enough to pay for new equipment in a fairly short time.

Solar Solutions Help Save the Earth

When fossil fuels like oil are used to create energy, they generate tons of pollution every year. Energy professionals estimate that an average home consisting of four people emits about eight tons of carbon dioxide per year. That is almost twice what their car produces. However, the renewable energy created from the sun helps keep the air clean and fresh and conserves natural resources.

Solar Solutions Are Reliable

Now that many companies have had years of experience perfecting solar equipment, providers can offer reliable products that last a lifetime. Technicians are now experienced with the latest technology and can offer clients a variety of money-and-earth-saving energy options. Many Hawaiian solar experts have become respected members of their communities and residents now rely on them for quality solutions.

Solar energy is popular in Hawaii because it helps save the environment while saving customers money. In addition installers can now offer customers a variety of solar solutions and provide quality equipment at affordable prices.

Tarja Turunen to perform at Doro Pesch’s 25th anniversary concert and record duets with her

Wednesday, September 17, 2008

Tarja Turunen, a Finnish symphonic rock artist best known for being the former frontwoman of symphonic power metal band Nightwish, has been scheduled to appear at the 25th anniversary concert of heavy metal vocalist Doro Pesch. Pesh, like Turunen, first gained fame fronting a band, in her case Warlock.

Doro and Tarja are now also confirmed to be planning to record duets with each other. Doro will feature on Tarja’s next solo album, while Tarja will sing a role in Doro’s upcoming 25th-anniversary album.

Tarja announced the planned duets at the same time as confirming her appearance at the December 13th concert in Düsseldorf, Germany’s ISS Dome, where she says she will perform “a new song and an old song”. At the same time, Norwegian symphonic metal band Leaves’ Eyes have also been confirmed for the event.

When making the announcements Tarja also said “there will be a co-operation between me and Doro in the future” although it was unclear if this refers to a more permanent arrangement or simply that which has been announced now.

Retrieved from “https://en.wikinews.org/w/index.php?title=Tarja_Turunen_to_perform_at_Doro_Pesch%27s_25th_anniversary_concert_and_record_duets_with_her&oldid=4555637”
Posted in Uncategorized

Lance Armstrong disputes French doping results

Saturday, August 27, 2005

Accused of EPO doping by the French cycling daily L’Équipe in a four page story on Aug. 23, cyclist Lance Armstrong appeared on CNN’s Larry King Live TV show Aug. 25, saying he did not trust the French testers or the French testing system, and that his urine was manipulated to falsely accuse him of doping.

Dr. Christiane Ayotte, director of a Montreal doping detection laboratory said that ethically critical and important scientific questions were raised by the EPO doping allegation against seven-time Tour de France winner Armstrong.

USA Cycling official Gerard Bisceglia said these L’Équipe charges were unfair and lacked credibility. Bisceglia is chief executive of USA Cycling, principal authority over Armstrong for cycling sports in the United States.

L’Équipe released Paris lab data allegedly finding banned EPO in five year old samples of Armstrong’s urine, originally taken after he won the 1999 Tour de France. No official source would confirm medical identification of Armstrong as provider of the anonymously tested urine, and to do so would be a violation of World Anti-doping Agency (WADA) regulations.

Armstrong suggested motivation for such manipulation is a French national hatred of all non-French sport winners, and specifically because a French rider has not won the Tour de France for a quarter century. As evidence of malice toward him, Armstrong cited a French newspaper poll in which he was named the third most hated sportsman in France.

Dr. Ayotte is Doping Control director at Canada’s Institut National de la Recherché Scientifique in Montreal, which is a WADA certified lab nearest to WADA’s Montreal headquarters. Ayotte is also a world class scientific authority and instructor on sports doping detection. Dr. Ayotte’s expert opinion has significant influence on the outcome of WADA regulatory decisions.

L’Équipe reported that the EPO detection method used was experimental, which raises a scientific question. All experimentally based forensic evidence is subject to the close scrutiny of scientific opinions before it can be used in a disciplinary or legal proceeding.

Ayotte expressed surprise that chemical testing of 1999 urine could have been done in 2004 at the French national anti-doping laboratory at Châtenay-Malabry. She said that she routinely instructs all doping laboratory organizations, that previously detectable EPO protein deteriorates and disappears after two or three months, even if the urine is frozen.

Ayotte thinks that a new statistical mathematics model was used to reanalyze numerical data resulting from earlier chemical testing. “My interpretation is that retesting itself must have been conducted in 2000 or in 2001, but the results were reviewed using the new mathematical model that is now being developed in Paris.”

Ayotte does not question whether the new type of analysis is correct; rather she questions the ethics of long-delayed test results.

The first ethical problem is that this adverse finding cannot be confirmed with second samples. There are normally available two urine samples, “A” and “B”. The Châtenay-Malabry EPO findings were based on Armstrong’s “B” samples. Armstrong’s “A” samples were depleted in 1999 for tests that did not include EPO, because no EPO test was available that year.

Without addressing the ethics problem, Dick Pound, the head of WADA, said. “You can count on the fingers of one hand the times a “B” sample has not confirmed the result of the “A” sample”.

Both France and USA officials observed that L’Équipe’s unofficial adverse finding was not consistent with WADA regulations. French Sports Minister Jean-François Lamour said that without the “A” samples, no disciplinary action could be taken against Armstrong. USA official Bisceglia confirmed that WADA regulations require a confirming “A” test to prove guilt.

The second ethical problem, according to Ayotte, is that an athlete charged with doping long after the athletic event, has no way to submit to additional testing to disprove an adverse finding. This same ethical problem was also stated by USA official Bisceglia.

The third ethical problem for Ayotte is that L’Équipe disclosed Armstrong’s medical identity. “It seems to me,” Ayotte continued, “that this whole thing is breach of the WADA code. We are supposed to work confidentially until such time that we can confirm a result. By no means does this mean that we sweep a result under the carpet, but it has to meet a certain set of requirements.”

In a further ethical complication, the medical identification of Armstrong is completely unofficial and is made only by L’Équipe. Ayotte characterized the disclosure as “leaked”.

Châtenay-Malabry’s lab refused to confirm L’Équipe’s claim that the urine samples belonged to Armstrong. Nor is it likely that Châtenay-Malabry will ever identify Armstrong, because WADA regulations require that all single “B” samples used for experimental testing must remain permanently anonymous. Ayotte said, “I’m worried, because I have a great deal of respect for my colleagues in Paris. I am concerned that they did not cover their backs before being dragged into a very public issue of this kind.”

Lance Armstrong has responded on his LanceArmstrong.com website, branding L’Équipe’s reporting as being “nothing short of tabloid journalism.” Armstrong says: “I will simply restate what I have said many times: I have never taken performance enhancing drugs.”

Further confusing public understanding of the EPO doping claim is Armstrong’s statement in his autobiography, It’s Not About the Bike: he said he received EPO during his cancer chemotherapy treatment. “It was the only thing that kept me alive,” he wrote.

Armstrong last received chemotherapy EPO in late 1996. Apparently speaking from his knowledge of conventional EPO testing, Armstrong agrees that traces of 1996 synthetic EPO should not have been present in his 1999 urine. There are now tests to distinguish natural from synthetic EPO. But it remains an unresearched scientific question whether the sensitivity of the experimental new method could detect use of synthetic EPO from three years previously. By scientific analogy, the polymerase chain reaction process can detect as little as a single molecule of DNA.

Jean-Marie Leblanc, the director of the Tour de France, said that Armstrong owes cycling fans an explanation. Armstrong subsequently provided an explanation claiming urine test manipulation.

Leblanc also said; “For the first time—and these are no longer rumors, or insinuations, these are proven scientific facts—someone has shown me that in 1999, Armstrong had a banned substance called EPO in his body.”

“When people start using comments like, ‘irrefutable scientific evidence,’ that’s a pretty strong statement to make,” said Bisceglia, “when the person you’re making it about has never been given the opportunity to refute the statement. You’re making claims about something that took place in 1999. Based on what I’ve read, it’s pretty clear that any opportunity to have a black-and-white resolution to this case has been destroyed.”

Bisceglia said that USA Cycling, the governing body in the United States, lacks the officially required evidence, and therefore will not investigate the L’Équipe report.

Retrieved from “https://en.wikinews.org/w/index.php?title=Lance_Armstrong_disputes_French_doping_results&oldid=4577599”
Posted in Uncategorized

Wikinews’ overview of the year 2008

Wednesday, December 31, 2008

Also try the 2008 World News Quiz of the year.

What would you tell your grandchildren about 2008 if they asked you about it in, let’s say, 20 years’ time? If the answer to a quiz question was 2008, what would the question be? The year that markets collapsed, or perhaps the year that Obama became US president? Or the year Heath Ledger died?

Let’s take a look at some of the important stories of 2008. Links to the original Wikinews articles are in all the titles.

Retrieved from “https://en.wikinews.org/w/index.php?title=Wikinews%27_overview_of_the_year_2008&oldid=4326966”
Posted in Uncategorized

Tips For Quality Glass Replacement In Wyoming

byAlma Abell

If your windshield or other auto glass panel is damaged, it is important to have it repaired or replaced as quickly as possible to ensure your safety and the safety of your passengers and other road users. A damaged windshield impacts your visibility, undermines the structural integrity of your car and makes your vehicle look less than perfect. If the damage is minor and you act quickly, you can repair your auto glass and have it look as good as new. However, if the damage is significant, there is no option other than having your auto glass replaced completely. Consider the following tips for quality Glass Replacement in Wyoming to ensure optimal safety for your vehicle.

Ensure That You Need Windshield Replacement

One of the first things that you should do if you notice damage to your windshield is confirm whether or not you need to have it repaired or replaced completely. The best way to do this is by consulting with professional auto glass technicians who will examine the windshield and give you feedback on the best option to ensure quality results and your highest safety level.

Prioritize Windshield Replacement

If an auto glass technician confirms that you do need to have your windshield replaced, make it a priority to do so as quickly as possible. The longer you ignore or put off replacing your windshield, the higher the chances are that you could be seriously injured if you are involved in an accident while driving with the damaged glass.

Only Use The Services Of Auto Glass Specialists

When you are ready to have your windshield replaced, always utilize the services of professional auto glass specialists. They have the necessary materials, tools and knowledge to ensure the highest quality installation and ongoing safety for you and your passengers.

These are some of the most important tips for Glass Replacement in Wyoming that will help you to get the level of service and satisfaction you expect before, during and after the replacement process. If you would like to employ the services of licensed and trained auto glass repair and replacement specialists.

Smoking in public places banned in France

Friday, February 2, 2007

The French government has banned the smoking of cigarettes in all public places.

The ban includes no smoking in hospitals, airports, schools, places of employment and any public area that is “closed or covered.” Eleven months from now, the ban will include restaurants and cafes.

Some members of France’s Parliament are surprised to see how quick the ban was enacted.

“Nobody, not even I, thought a year-and-a-half ago that France would abandon tobacco so fast,” said member of Parliament (MP) and an advocate of the prohibiting of smoking, Yves Bur.

Police and other law enforcement agents are required to fine anyone who violates the ban. Fines for smoking in banned areas could be as much as $88.00 [USD]. Employers who do not enforce the smoking ban could be fined at least $174.00 [USD].

At least 15 million people who live in France smoke cigarettes, but a poll conducted by the French government had shown that 76% of the country’s population was in favor of the ban. 74% of the population also backs the restaurant and cafe ban to take place in one year.

Retrieved from “https://en.wikinews.org/w/index.php?title=Smoking_in_public_places_banned_in_France&oldid=1950743”
Posted in Uncategorized