October 23, 2008

Breast Implant Covered Under Workers’ Comp

A woman claiming her breast implants were damaged in an on-the-job car accident is only getting compensation enough to replace one of the two implants, according to a state appellate judge’s ruling recently.

The North Carolina Court of Appeals issued the decision in a workers’ compensation claim filed by Penny Rumple Richardson who claims the 2001 accident caused rippling and a decrease in the size of her breast implants. Not surprisingly, this case was the first of its kind heard by the judges.

Greensboro plastic surgeon Dr. David Bowers testified that the woman’s right implant had ruptured and the left implant showed signs of rippling, so he replaced both of her implants. But he later testified that the left implant most likely had rippling because it was under-filled.

Judges ruled that Richardson would be compensated for the one ruptured implant and that it be covered under workers' compensation because they are a "prosthetic device that functions as part of the body."

If you have been injured on the job and feel you may be entitled to Workers' Compensation benefits, please contact the experienced Workers’ Compensation lawyers at Pomerantz Perlberger & Lewis in Philadelphia, Pennsylvania today to schedule your initial consultation.

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September 17, 2008

Cable Worker Seriously Injured After Fall From Ladder

A civil lawsuit filed recently against the Comcast Corporation and several of its subsidiaries by a New Jersey worker could have lasting repercussions on the multi-billion dollar company and change the way they conduct business statewide, the plaintiff's attorney says.

Attorney Matt Jarve, who is representing Pennsville, NJ resident Joseph Callahan and his wife, Kim, in the suit, said he believes that if the suit is successful, Comcast would have to essentially rewrite the books for its safety standards.

"This is cutting edge stuff. My legal team's research has found there is no precedent in New Jersey for this type of suit," said Jarve. "It could have a resounding impact on the way this type of work is completed, making it safer across the board for the workforce."

Callahan, 48, of Riviera Drive in Pennsville, suffered from a traumatic brain injury, blood clots and a shoulder injury that would later require surgery after falling from a ladder on Aug. 16, 2005 while working on the cable lines on a utility pole. Comcast cable lines are required to be 19 feet or higher to clear any type of vehicle, and must be above all Verizon lines, according to the suit. It is unclear how high Callahan was when he fell.

Though he says he is lucky to be alive, Callahan claims that the quality of that life has dropped considerably since the accident. Jarve says he will attempt to prove in court that the accident was the result of alleged carelessness, recklessness and negligence on the part of Comcast.

The suit alleges that OSHA requirements and industry standards to protect workers require a secure and stable platform for the type of work being performed by Callahan, and that a bucket truck with a lift or comparable equipment should have been utilized. Callahan was using a ladder at the time of the accident.

If you or a loved one has been seriously injured while working in Pennsylvania, please contact a Pennsylvania Personal Injury Attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.

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