Archive for the ‘ Legal ’ Category

Obamacare

Seems as if Obamacare is a hot topic around these parts. So many people are worried about what it is going to do, and have been convinced by some people that Obamacare is going to ruin America. Well, that is a discussion that I really don’t want to get into deeply because it is obvious that everyone I have had contact with has already made up their minds one way or the other and there is nothing that I will be able to say or do to change their minds. And I really am not interested in preaching to the choir. I do know that there is a lot of misinformation out there that has a lot of people upset, and that is really unfortunate.

In my email inbox today there was a message about a neat tool created by Consumer Reports that helps the everyday consumer (like you and me) to understand exactly what we are going to need to do in order to comply with the law. I think that they named it a “health law helper” tool or wizard. Anyway, they created a webpage called healthlawhelper dot org and if you go to their website you will see a page that has a red banner on it that says “Find out what you need to do.” If you actually click on that banner, it takes you to a different webpage that is a wizard. It asks you specific questions, such as what state you live in, how many people are in your family, what is your income (it does NOT ask for your name or address or any personal identifying information, so don’t get all worked up over the questions.) Eventually it actually tells you what you need to do, and offers tips. At no point does it ask for any contact information, so you can just relax and not worry about your email inbox filling up or your telephone ringing off the hook.

I think that is an awesome tool, and I encourage everyone who is worried about what they need to do to be in compliance with the law to calm down and use the tool. You just might be pleasantly surprised!

When I hear of people abusing animals, I get angry. When I hear of people abusing service animals, I can’t even come up with the verbiage to express how outraged I feel. Employees that work at an airport should not be so afraid of dogs that they would kick a service dog. If a dog is lunging at you, by all means, defend yourself if you need to, but turning around and seeing a service dog that is standing quietly by the owner,  being “startled” is no excuse.

And when a disabled veteran asks you for help, why on earth would you insult the person? I don’t know if this video is based on truth, but the man recounting his experience at Dulles appears to be sincere. I hope that something good comes of this.

Their law office is closing

There was a message on my home phone answering machine that the law office of Wesley Marshall had called and that they wanted me to call them back to tell them if and when I will come to the office to pick up my case records. The message said that if I did not come pick them up by the end of July that they would be destroyed. The letter they had sent me last week said that they would hold on to them until the end of August, so I am wondering why the date change!

Calling them back, I spoke with their paralegal and asked them what was going on with the office – I had tried to look up their website and it was being redirected to a different law office in a different city.

The paralegal told me that Wesley Marshall had been appointed to sit on the bench of the Commission and that the lawyer that had worked my case, Joel Young was going to work for a different firm. The entire office was closing at the end of the month.

So now I do not know where that leaves me in my quest for getting Worker’s Compensation to reimburse me for the medical expenses that they were ordered to pay but have refused to pay. What a mess!

 

I think I need a legal malpractice attorney

This is a true story about my frustrating experience with Fauquier County Schools, Worker’s Compensation, and the law office of Wesley Marshall in Fredericksburg VA.

Several years ago I was involved in a traffic accident that was not my fault. At the time I was a substitute school bus driver for Fauquier County in Virginia. On October 2, 2009 I was driving a school bus, loaded with middle school age children to their school. I stopped at a red traffic light, and when it turned green, after verifying that oncoming traffic had stopped, I proceeded into the intersection. Suddenly a vehicle pulled out of a nearby gas station and ran the red light, broadsiding my school bus.

I was injured in the accident and had to seek medical attention. I have been battling with Worker’s Compensation ever since, but that is another post.

Even though all investigations showed that it was the fault of the driver of the car, and there was absolutely no evidence of any wrong doing, or any wrong actions by be before, during, or after the accident, Fauquier County chose to fire me. I truly believe that firing was a result of my telling Fauquier County that I needed medical attention and had to claim Worker’s Compensation.

I hired a lawyer, Wesley Marshall, to represent me in the Worker’s Compensation case. Although I have “won” my case, I have had to pay out-of-pocket for doctor’s visits, medications, surgery, and physical therapy. I still need another surgery, and I will have disability my entire life as a result of this accident.

Although I “won” the Worker’s Compensation case, when the doctors and the hospitals and the pharmacies tried to bill Worker’s Compensation, all of those claims were denied. When I tried to call the case worker for Worker’s Compensation, the case worker refused to talk to me, telling me that he would only talk to my lawyer.

Although I have submitted copies of those bills to Wesley Marshall’s office, asking them to submit them to Worker’s Compensation so I can be refunded, they have not done so and I have received no refund at all. I have told them that the Worker’s Compensation case worker will not talk to me.

Their response has been to send me a bill for $2,000 for their services, although I have yet to receive one penny of reimbursement for any of my expenses that I have had to pay even though Worker’s Compensation was ordered to pay them!

My phone calls to Mr. Marshall’s office have only resulted in my leaving messages for Mr. Marshall, and Mr. Marshall has not replied by calling me back. In fact, I recently received a letter from his associate Mr. Joel Young (who was assigned my case without my permission) advising me that the law office has closed my case and that they no longer represent me! So now what?

At a bare minimum, I believe that I will send a letter of complaint to the Bar, and I believe that I need to hire a legal malpractice attorney. Do you know of any?

Guns guns guns

Angry man

Angry man – photo found at http://www.myfacewhen.net/view/3619-angry-black-man

Yesterday, at around 4:45 pm I was sitting at my computer when I heard a very loud pounding on the front door. I got up from the computer and started to walk towards the door. I could see through the studio windows that the person pounding on the door was our cranky neighbor Mr. X. “Oh great,” I thought. “What now?”

Before I could get to the door he used his fist and  pounded on the glass storm door so hard that I thought it was going to break! I have no idea why he did not use the doorbell – it works just fine! When I opened the door, I asked him “what can I do for you?.”

In response his face contorted in anger, and his neck veins started to pop. He waved his arms around, and started to shake his fist at me. He was shouting that we had no right to touch his rocks at the end of our driveway, and that they were his property. (We had to put our trash cans down there, and the trash cans touched a couple of the rocks.)

Then he started to yell “You tell that husband of yours that I know what you are doing in that garage and I’m not going to let you get away with it!” Shaking his fist and leaning over me he continued to yell “I’ll see you in court!”

At that point I saw Michael in the driveway, headed towards the house, and I pointed to him. I said “I’m done with you, there’s Michael, go take it up with him!” Then he turned and started to walk over to Michael.

I closed the front door and locked it, turned around and walked quickly into the living room, telling my step-father Dick “quick! Come outside with me right away, I think we are going to need to be a witness to this!” So Dick and I immediately went outside to keep an eye on what was going to happen.

I had my cellphone with me and I called the police (dialing 911) while I was heading outside. As soon as I stepped outside I loudly announced that I was calling the police, so everyone knew that I was calling the police. Michael said “good!”

When the dispatcher answered the phone, she asked me where the emergency was. I gave her our address. She asked me what was the emergency, and I told the dispatcher that I needed police immediately, there was a heated argument going on between two male neighbors and I was afraid that it was going to become violent at any moment. I told her that both of the men had guns and that I was afraid that someone was going to get shot. She said “they have what?” I said “guns.” She said “what?” I said “guns.” She said “what?” I said “guns. Guns. Guns. You know, like ‘bang bang you’re dead!’ Guns!”

 

gunfight - free clip art

gunfight – free clip art

At that point, I was starting to wonder if this was just a nightmare! I don’t have a thick accent, and I don’t stutter! I grew up around here, English is my native language. Exactly why the emergency police dispatch lady did not understand the word “gun” is beyond me!

After all that, it took the police over forty-five minutes to arrive at the scene. They talked to all four of us, and they told us that no charges were going to be filed.

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