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In a recent decision from New York State’s Third Department of their Appellate Division, workers’ compensation claims from employees working from home must be decided using the long-standing definitions of what constitutes a “short break” or what is “work-related” or personal. The decision came from the recent case, In the Matter of the Claim of Christopher Capraro, Appellant, versus Matrix Absence Management et al., Respondents. Workers’ Compensation Board, Respondent. In 2016, the claimant, Christopher Capraro, ordered office furniture to use in a home office for his new job. His employer informed Capraro that the company would not reimburse him for the furniture as they had already provided him with the necessary computer equipment for the role. When the unassembled furniture was delivered in boxes on June 13, 2016, Capraro attempted to haul them into his home. In the process, he injured himself. In 2017, Capraro filed for workers’ compensation benefits, claiming the injury sustai...

The CDC and FDA have announced two mysterious outbreaks this week. At this time, no particular food item(s) have been identified and no recalls have been announced. Could this mean another Leafy Greens Ecoli Outbreak? Outbreaks Abound – What We Know Outbreak #1  21 people in 8 states are ill 8 people have been hospitalized 1 person (from Michigan) has died. Illness onset dates range from June 6, 2020 to October 5, 2020 The patient age range is from 2 to 75 years Of 16 people who gave information to investigators, eight were hospitalized One person developed HUS Investigators have identified and illness cluster at a restaurant that was not named The patient case count by state is: California (7), Florida (1), Illinois (1), Michigan (2), New Jersey (1), Ohio (7), Utah (1), and Wisconsin (1). Outbreak #2 23 people in 12 states 10 people have been hospitalized Of 15 people who gave information to investigators, 10 were hospitalized, including two who developed hemoly...

In response to supply chain shortages amid the COVID-19 pandemic, in late May the United States Food and Drug Administration (FDA) released, without warning, new temporary guidance that allows manufacturers facing those supply chain shortages to substitute ingredients without changing food labels .  For those with food allergies, this is a very scary thing! Without further ado – FDA Guidelines for Food Allergens: Limits to Regulation Are Not Sufficient to Calm Concern There are limits to the substitutions that manufacturers are allowed to make.  Under this emergency order, manufactures are not allowed to substitute for known allergens without changing the label.  Some ingredients are known to cause “adverse health effect, including food allergens, gluten, sulfites, or other ingredients known to cause sensitivities. Certain substitutions are not allowed, such as: milk eggs fish shellfish peanuts tree nuts wheat soy sesame celery lupin buckwheat molluscan ...

Who doesn’t enjoy a good juice bar?! I certainly enjoy a delicious smoothie from time to time.  Unfortunately, even fresh fruits and vegetable can become contaminated with Salmonella. Currently, officials are investigating a juice bar salmonella outbreak, that has left two people hospitalized in Woodbury, MN. Approximately 700-1000 Salmonella infections are reported each year in Minnesota. Anyone can become sick with a Salmonella infection. Contaminated food does not usually show signs of contamination. It appears totally normal and does not look, smell, or taste spoiled. According to the CDC infants, children, seniors, and people with weakened immune systems are at higher risk of serious illness because their immune systems are fragile. Officials are investigating an outbreak of Salmonella Paratyphi B linked to the NéktƏr Juice Bar in Woodbury, MN. At least 9 people have been affected by the outbreak, 2 of which ended up in the hospital. However, most people infected with Salmo...

It’s almost Halloween! In a normal year, we all know what sort of celebrations this would entail. Unfortunately, this year is not normal. It’s COVID Halloween. There’s an ongoing public health crisis. Uncontrolled community spread of the novel coronavirus is ongoing. As of this writing, cases are up, and deaths, previously wrestled down from peak levels, have climbed back up above the thousand a day mark. So, given the facts, what can we get away with? What sort of things should you be doing, according to public health experts, and what sort of things are best avoided? Location, location, location This article will contain general recommendations. What’s safe to do, however, depends on how many cases of COVID are in your area. Different localities will have different restrictions. No blog article, no matter how informative or well-written, should replace the guidance of local health experts or officials. First and foremost, look to them. Listen to your local health department and me...

Deli meats are the cause of 10 illnesses and one death in the United States this month. According to the latest CDC notice, the agency and the FDA are investigating a multistate outbreak of Listeria monocytogenes infections linked to deli meats. One person, in Florida, has died. Here is everything you need to know about this Deli Meat Listeria Outbreak: The Outbreak According to the CDC, 10 people infected with the outbreak strain of  Listeria  have been reported from Florida, Massachusetts, and New York. All 10 ill people were hospitalized. One death has been reported from Florida. During its interviews, the agency found that 9 of those who are ill reported  eating Italian-style meats, such as salami, mortadella, and prosciutto. They reported purchasing prepackaged deli meats and meats sliced at deli counters at various locations. A specific type of deli meat, brand, and common supplier has not yet been identified. There are no recalls at this time. What is Lis...

For people with undiagnosed focal epilepsy, the possibility of having a subtle seizure while driving is a very real and dangerous one. These seizures could happen at any time and are characterized by intense moments of déjà vu or hallucinations , according to MedPage Today . But because these seizures are not similar to those experienced by other epileptics, those suffering from subtle seizures may not realize they have epilepsy. Because of this, focal epilepsy sometimes takes years to diagnose. Doctors believe that in that gap between the first seizure and diagnosis, the potential for serious car accidents occurring is a danger for the whole community. Johns Hopkins calls focal epilepsy a brain condition that only affects one half of the brain at a time. It can affect the frontal, temporal, parietal, or occipital lobe. The intensity and consequences of the seizure depend on which lobe exhibits it. However, subtle seizures are not as noticeably and physically disruptive as motor seiz...

Nationwide, over 100 pedestrians are killed each year while walking past construction sites . Since it is impossible to completely avoid passing near all construction sites, especially in a large city like New York, both property owners and construction companies owe a duty of care to members of the general public who may enter the property or pass nearby. This duty extends beyond just putting up fences and “Keep Out” signs. Bystanders should also be protected from falling debris, spills, and dangerous chemicals. Signs should be visible and clear. Barricades should be placed in such a way as to keep the public at a safe distance from danger zones. Hazardous chemicals should be contained. A contractor who fails to protect the public from these and other risks can be held responsible for injuries. If you are a pedestrian that has been injured on a construction site you have the absolute right to bring a lawsuit for the injuries you have suffered. Call a New York Injury Attorney If yo...

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Self-driving cars have been in the headlines for the past few years as companies have begun testing autonomous vehicles. A self-driving vehicle uses sensors, radar, cameras, and GPS systems to navigate the road and other vehicles, pedestrians, and bicycles around them. Now, those same self-driving car companies are expanding their reach with self-driving trucks. What will this mean for the future of autonomous vehicles and for the safety of everyone else who shares the road? Right now, as companies like Waymo and Tesla are testing their machines, human drivers sit in the cab as a backup, in case the software malfunctions. But the goal is to put trucks on the road that can change lanes and speed up or slow down without a human operator. Since Google first started testing its driverless trucks in 2011, there have been 20 accidents involving their vehicles. Of those 20 accidents, the self-driving truck was at fault for only one of them. Will Autonomous Technology Save Lives? According ...

Construction Workers Each year, thousands of construction workers are killed or injured on the job.  More than in any other industry. In New York city, construction is one of the deadliest occupations. Just last year, one worker was crushed to death by a crane, and another killed by a fall from a scaffold. These are just two of the nearly 60 New York construction workers killed on the job last year. Thousands of others were injured, and many of those injuries are permanent. The construction industry is so dangerous, that New York state passed the Scaffold Law, which makes employers and property owners liable for injuries sustained from falls if proper safety standards are not met and/or proper safety equipment is not provided. If you are a construction worker that has been injured on a work site you have the absolute right to bring a lawsuit for the injuries you have suffered. Call a New York Injury Attorney If you are injured at a construction site, either as a worker, invit...

New York City personal injury attorney Halina Radchenko discusses what inspired her to become a lawyer. What inspired you to become an attorney? Well as a kid, I absolutely loved theater and sometimes dreamed of being an actress, but as a child of immigrants there was no way that was going to happen. I came to the U.S. when I was 4 from Kiev. I think the seed of practicing law must have started young, though I didn’t truly realize it until high school. My great grandfather practiced as a criminal defense attorney on behalf of the King of Russia. My grandmother used to tell me stories as a child about his cases, and how much he loved helping people. I went to James Madison High School, which is the high school that Ruth Bader Ginsburg graduated from. They actually had a courtroom named after her and I think that’s where my love for the law started. In my freshmen year I participated in a mock trial, and after that I was completely hooked. I had found a profession that tied my lo...

New York City personal injury lawyer Mark Sokoloff talks about his career and background. What inspired you to become an attorney? Ralph Nader spoke at my college and really inspired me. He was a civil rights attorney and is well known for his work in consumer protection, environmentalism, and government reform. That, and John F. Kennedy, who said “ask not what your country can do for you, but what you can do for your country.” Tell us about one of your most interesting cases. The first firm I worked with when I graduated from law school was a railroad labor firm, and one of the first cases I was involved with was Agent Orange. One of the first clients I worked with was Paul Reutershan. He came in initially to see if he had a case against the railroad because a commuter had assaulted him. I told him no, the railroad isn’t responsible for that, and I figured that would be the end of the conversation. He says, “Well, while I have you here, can I ask you about something else? I ...

A Founding Partner of Hach & Rose, LLP, Michael Rose has more than 20 years of experience fighting for his clients. We sat down with Michael to learn more about his career path, what inspires him, and hear about some of his largest cases. What inspired you to become an attorney? I always knew that I wanted to do something to help society, I just didn’t know exactly how I wanted to do it. Initially, I thought I wanted to do that was through environmental law. But as I went through law school, I realized I wanted to become a trial lawyer. I enjoy speaking in public and being in the courtroom. After law school, I was hired by a personal injury firm where I learned skills both as a trial lawyer and how to best serve clients. I was lucky to be put into the right situations where I was able to discover what I’m really passionate about. I’m grateful to have the opportunity to help people in need. Tell us about one of your most interesting cases. Our first seven-figure jury verdic...

High Stakes & Tire Spokes: Bike Accidents by George W. Ilchert Riding on a bike or a motorcycle gives the rider a kind of freedom that you just can’t get while driving: the wind in your hair, the feeling of control, and the thrill of the ride. But all benefits must come a cost, and you are more vulnerable on a bicycle or a motorcycle than you are in a car. In today’s world, people are more likely than ever to choose a form of transportation that doesn’t involve public transit. Whether it be a car, motorcycle, or bike, we can expect to see more vehicles on the road, as the train cars go empty. Of course, not everyone can afford to own a motorcycle, and they may not have the space to store a bicycle. In those cases, vehicle-sharing services are on the rise, especially in the crowded boroughs of New York City. We can expect Citibikes and other bicycle renting services to be more popular than ever. For those looking for more power, there are even motorized scooter services like Reve...

An elderly woman suffered critical injuries, including a serious head injury , after a 23-year-old accidentally hit her with the Revel scooter he was on. The accident happened at the intersection of Broadway and 60th Street in Columbus Circle on Tuesday, Sept. 29. According to WLNY , the Revel scooter rider stayed at the scene and was clearly distraught after hitting the woman. The rider of the scooter was driving south on Broadway around 7:30 a.m. when he collided with the woman, who was crossing at 60th St. Police are not sure who had the right of way at the time of the incident. Witnesses rushed over to the woman to help her, but were unsure of what to do, according to a food truck worker who saw the accident. The Revel scooter company has been under fire recently because of two Revel-related fatality accidents that happened earlier this summer. The company temporarily banned New York City riders from using their scooters because they repeatedly ignored safety protocols and did n...

Pedestrians Being Struck by Trains The Metropolitan Transit Authority reported 621 incidents of people on subway tracks or struck by subway trains, leading some to call for additional safety precautions to make it more difficult for people to fall or step onto tracks. One woman was killed and another injured in December of 2019 when they stumbled onto the tracks between two subway cars in Brooklyn.  Witnesses tried in vain to stop the train from leaving the station, and by the time the conductor applied the emergency brake, it was too late. Liability for Accidents The operator of a train may be responsible if passengers are injured during sudden, unnecessary stop, or if the train is operated unsafely. Hazardous material or conditions on trains may be the responsibility of the agency operating the train. Call an Expert If you have been injured on or by a train in New York, your first question may be, “Who is responsible for this?” With years of combined experience, the personal...