Workplace Injury Rehabilitation and Compensation Act #workplace #injury #laws


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WorkSafe Victoria

On this page
  1. Introduction
  2. Features of the WIRC Act
  3. How this affects you

The Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) commenced on 1 July 2014.

The WIRC Act recasts the Accident Compensation Act 1985 and the Accident Compensation (WorkCover Insurance) Act 1993 (AC ACWI Acts) into a single Act that is simpler and easier to use. It reduces the regulatory burden associated with workers compensation legislation. It will make it easier for employers and workers to use the legislation and understand their rights, obligations and responsibilities.

Features of the WIRC Act 2013

Consolidated legislation

The WIRC Act covers the same subject matter as the AC ACWI Acts. Matters regarding compensation, rehabilitation, return to work, dispute resolution, self-insurance, WorkCover insurance, premiums and the administration of the WorkCover scheme, are now all contained in one Act.

Streamlined legislation

Provisions which are related have been grouped together and placed in a more logical order. Some provisions have been re-written to state the existing law more simply and clearly. Provisions which are no longer required have been removed from the legislation and minor anomalies have been corrected.

Visual aids

Flow charts have been included to illustrate various processes and to aid understanding of the legislation.

No change to benefits or premium calculation

The WIRC Act does not change the benefits available to injured workers, nor the way that premiums are calculated.

Claims

There is no change to claims lodgement processes under the WIRC Act. From 1 July 2014, all claims can be made under the new legislation. Claims already made under the Accident Compensation Act 1985 will continue to be dealt with under that legislation.

What this means for you

Workers

Workers will find the new legislation easier to use and understand.

Injured workers

Under the new legislation, injured workers will be entitled to the benefits they are currently entitled to under the Accident Compensation Act 1985. Return to work arrangements will be the same and will be governed by the WIRC Act .

Employers

Employers will find the new legislation easier to use and understand. There is no change to employer rights and obligations in respect to insurance under the WIRC Act. There is also no change in regard to how premium is calculated.

As of 1 July 2014, employers are no longer be required to take out a WorkCover Insurance Policy. Instead they will be required to register with WorkSafe Victoria to be covered by WorkCover insurance. Employers who have a current WorkCover Insurance Policy are automatically registered for premium purposes, as of 1 July 2014.

The WIRC Act introduces a right for employers to seek review of their premium notices at the Victorian Civil and Administrative Tribunal if they are dissatisfied with WorkSafe’s review decision. This right complements the existing right employers have to seek review in the Supreme Court.

Self-insurers

Self-insurance arrangements are the same and are governed under the WIRC Act from 1 July 2014. Existing self-insurance licences and agreements will continue to be valid under the new legislation.

Related documents


Trespassing Basics #land #use #laws, #real #estate #law, #trespassing


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Trespassing Basics

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil trespass laws. Criminal trespass law is enforced by police, sheriffs, or park rangers. Civil trespass requires that the landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible (regardless of whether a crime has been committed).

Intent and Knowledge Requirements

Traditionally, for either type of trespass — criminal or civil — some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another’s land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a no trespassing sign is posted. A trespasser would probably not be prosecuted if the land was open, the trespasser’s conduct did not substantially interfere with the owner’s use of the property, and the trespasser left immediately on request.

The landowner may indicate — verbally or in writing — permission to enter onto the land.

The existence of consent may be implied from the landowner’s conduct, from custom, or from the circumstances. Consent may be implied if the landowner was unavailable to give consent, and immediate action is necessary to save a life or prevent a serious injury.

Homeowner Liability: What if a Trespasser Gets Hurt?

As bizarre as this may sound, there are some limited protections for trespassers if they get injured while in the act, so to speak. Homeowners can typically be liable to trespassers if they willfully injured the person or knew or should have known about the presence of frequent trespassers and kept an unsafe condition.

What does all this mean? Well, let’s say you, as a homeowner, set up a booby trap for a trespasser that sets off a shotgun if someone triggers a wire. Now let’s say that happens and it causes severe injuries to the trespasser. While this might seem unjust to some, you may be a liable for the injuries the trespasser sustains. More examples include booby traps, trip wires, bear traps, bamboo tiger pits, and other devices.

What are some things you can legally do? For one, if you are concerned about trespassers coming onto your land, start with a Private Property or No Trespassing sign in a visible place. Not only does it put the trespassers on notice, it conveys your intent to keep your land to yourself and not as a make-shift easement for others. Next, you should consider installing video cameras in the traveled area. The presence of the camera itself can be a deterrent to some. Be sure you are up-to-date on your state’s laws regarding videotaping or filming before installing a camera. You can do this by speaking with a local attorney.

Trespassing Basics: Additional Resources

Get a Free Real Estate Attorney Match for Your Trespassing-Related Needs

If you think someone is entering your property unlawfully, it will help to get an understanding of trespassing law and the various exceptions. A real estate attorney will be able to apply the law to your particular situation. Get a head start today with a free attorney match .


Driving Without Valid #traffic #tickets, #traffic #laws, #types #of #traffic #tickets


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Driving Without Valid / Sufficient Insurance

In every state, drivers are required to demonstrate the ability to pay up to a certain amount to cover their liability if they are involved in a motor vehicle accident. These laws are sometimes called financial responsibility laws, because while not all states specifically require that drivers carry liability insurance from an insurance company, all states do require some form of proof of financial responsibility.

In states that do not specifically require motor vehicle drivers to show proof of liability insurance in order to comply with financial responsibility laws, other acceptable forms of proving responsibility include:

Laws in most states differentiate between driving a vehicle that is not insured (or without adequate financial responsibility), and driving a vehicle without proof that the vehicle is insured (i.e. when a driver of a properly insured vehicle fails to carry proof of a valid insurance policy).

Sufficient Insurance: State Laws

Below, you will find a list of all 50 states, along with links to each financial responsibility law. Following the chart is a list of penalties, should you fail to abide by the laws in your state.

Across all states and D.C. penalties for a first-time offense for driving without insurance range from the imposition of a $100 fine, to a one-year driver’s license suspension. While penalties for driving without insurance vary from state to state, these are some of the other most common penalties:

  • Having your driver’s license suspended.
  • Having your vehicle registration suspended.
  • Receiving a traffic ticket for a no insurance violation.
  • Meeting SR-22 requirements. Some states might only impose this if you cause an accident while driving without insurance; others may impose it simply for driving uninsured.

Legal Advice on Financial Responsibility Laws

Penalties for driving without enough car insurance can be steep. Each state has its own different set of penalties, so check with your state’s DMV for details and speak with a local traffic ticket lawyer to learn more.


23 Years of Herpes Lawsuits – Do You Have to Tell You


23 Years of Herpes Lawsuits Do You Have to Tell You Have Herpes and When?

You CAN be sued for not telling someone you had herpes. 23 years of herpes lawsuits proves this.

Starting in 1987, Let’s Look Over 23 Years of Herpes Lawsuits

In 1987 Tony Bennett made headlines when he was ordered by the courts to undergo medical tests to determine if he could have given a woman genital herpes. Bennett said he didn’t have herpes and that his doctors report confirmed this. Her lawsuit was for $95 million and he, naturally, was counter suing for $100 million.

I can find many references to the filing of this case, and none to how it was eventfully settled .

Also in 1987, this was making headlines:

The decision upheld the right of Jane Maharam, 56, to sue her former husband Robert, 56, on her claim that he had herpes and did not tell her. The court found that such partners have a legal duty to inform each other about their venereal diseases.

1992 was another big year in herpes lawsuits:

One of the big news items was that a 1986 lawsuit filed again the actor/comedian Robin Williams was finally settled. That’s 6 years later after the herpes lawsuit was filed! The case was settled out of court for an “undisclosed sum.”

The 1992 article in The New York Times, “Pillow Talk ” brings up much that is still hotly being debated today:

1. Mr. Williams s lawyer, argued in court papers that a person who doesn t ask and doesn t insist on prophylactics should assume the risks.

2. So, legal experts have begun to ask whether the responsibility for taking precautions should be shared. Everybody should be on notice that unprotected sex creates risks of all sorts, and you shouldn t rely totally on the good-faith disclosure of a partner, said Catherine O Neill of the Legal Action Center.

3. He also noted that judges have not come right out and described what they would consider a legally acceptable way to break the bad news to a lover. They haven t exactly spelled out a kind of Miranda warning for these cases, Mr. Rabin said.

4. In herpes litigation, the claims against partners have ranged from those who sinned by omission, keeping mum about their status, to those who, when asked if they had a sexually transmitted disease, lied. In a 1984 opinion in a herpes case, a California appellate court acknowledged that while rulings on bedroom behavior infringed the right to privacy, public-health-policy concerns loomed larger. Courts have decided that if someone is infected, aware of it and sexually active, that person has a duty to inform a partner, who by extension, has a right to know.

2004 Herpes Lawsuits

In 2004 it was alleged NOT that Liza Minnelli had actually given David Gest herpes, but that Liza Minnelli had not told him that she had herpes until months after they had been married. Essentially, what was put forth was that this would make the prenuptial agreement invalid as the agreement would have been based on fraud… not all the information was given to Gest when signing the prenup.

2006 Herpes Lawsuit

Michael Vick, the football player who was later went to jail for dog-fighting and animal cruelty, settled a lawsuit filed by a woman who said he knowingly gave her herpes. The name “Ron Mexico” became infamous as that was the fake name Vick is reported to have used when seeking treatment for herpes.

2007 Herpes Lawsuit

In Los Angeles CA, Elizabeth Mazzocchi filed a herpes lawsuit against NYPD Blue actor Esai Morales. Once again, you only can find reference to the announcement of the lawsuit, and no reference to its outcome .

2009 Herpes Lawsuit

A woman was awarded $7 million in a suit filed by a 56 year old woman who was infected with herpes by a 77 year old man. Interesting here is the woman said she was denied health insurance after getting infected with herpes. The77 year old man said he would appeal.

2010 Herpes Lawsuit

A woman from Chicago filed a herpes lawsuit seeking $50,000 against her husband. The 1987 Tony Bennett lawsuit was for $95 million. Now, lawyers will take cases for $50,000. It seems it’s getting easier and easier to sue for herpes.

Where there is blood in the water, you are sure to find sharks. Lawyers seem to be more actively chasing the herpes ambulance.

WHAT DOES THE FUTURE HOLD FOR HERPES LAWSUITS?

MORE HERPES QUESTIONS THAT LAWSUITS MAY DECIDE:
• Is there a double standard for oral herpes and genital herpes? Is this fair?

• Should people have to disclose that they have oral herpes before kissing another person?

• Can you be sued for having HSV-1 (usually oral herpes) and having oral sex, and not telling the other person?

• If you give a person HSV-1 through oral sex can you be sued?

• Can you be sued for KISSING another person and giving them HSV-1 oral herpes?

• Do you have to tell that you have genital herpes if you practice safe sex and it’s a one night stand?

• If you are participating in RISKY BEHAVIOR, does that mean you assume the risk? (Could a prostitute sue someone for giving her herpes?)

• Do porn stars have a right to know if the person they are working with has herpes?

• Must you tell the truth of your STD status if the other person asks? In other words, “Is LYING the same as simply not telling?”

• Is the responsibility of discussing herpes and other STDs a one way street? Is only a person who knows they have or have had an STD required to bring it up?

• Is a person who has unprotected sex with lots of people required to be truthful about this when asked? After all, it’s the risky behavior that makes a STD more likely. People that get tested are simply being responsible. Must the responsible people bear all the responsibility simply because they got tested?

• Does a person have a LEGAL responsibility to know their STD status? If a person is having unprotected sex with multiple partners, shouldn’t they know that they may be passing on STDs to other people, even if they haven’t received an official test? A reasonable person would know this.

• Is a person who has a STD but fails to get tested still legally responsible for giving the other person their STD? (The ignorance is bliss excuse is an excuse…)

• Is HSV-1 a sexually transmitted disease?

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Texas Criminal Laws #texas #criminal #laws, #criminal #law


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Texas Criminal Laws

Texas’ criminal statutes identify a wide range of conduct considered illegal, such as theft or murder, made punishable by fines, imprisonment, and other sanctions. Criminal laws and sanctions in Texas are similar to those of other states, but the Lone Star State is unique in a number of ways, such as its tough penalties for drug offenses and frequent use of the death penalty. This section covers a wide variety of Texas criminal laws, including statutes prohibiting child abuse, kidnapping, extortion, and illicit drugs. Speak with a Texas criminal law attorney if you have additional questions or need legal representation.

Learn About Texas Criminal Laws

The basics of assault and battery law under Texas statute. Criminal assault is the threat of violence and criminal battery is the unwanted touching (such as hitting) of another person.

Overview of Texas domestic violence laws, beginning with the legal grounds for charging defendants with the crime, penalties and sentences for offenders, information for victims, and links to related resources.

The main provisions of Texas capital punishment laws, which govern when and how the death penalty may be applied as a punishment for particularly serious crimes, like first degree murder.

Details about the Texas Controlled Substances Act and its prohibition of illicit drug possession, including classifications, defenses to possession charges, penalties for offenders, and links to other drug-related resources.

Despite the popularity of Texas Hold ‘Em, gambling is strictly prohibited in Texas except for dog and horse racing. This page summarizes gambling laws in the Lone Star State.

Basics of Texas sexual assault (or rape) laws, which prohibit the commission of sexual acts against an unwilling partner, often through force or threat of force.


Hospice Law, Regulations and federal laws #red #deer #hospice

#hospice regulations

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HOSPICE LAW REGULATIONS
(FEDERAL STATE LAWS ON HOSPICE:
THE UNIFORM STANDARDS OF CARE)

You can rest assured that the Federal and State governments have specific standards of care written into law to protect you and your loved one. Federally recognized hospice care in the United States began with implementation of parts of the Social Security Act (including Sections 1102, 1861 and 1871/42 U.S.C. 1302 and 1395hh and other sections). Regulations governing the conditions under which hospice agencies may participate in the Medicare hospice benefit are spelled out in the US Code of Federal Regulations, hospice regulations originally published in the Federal Register.

Hospices must meet these Conditions of Participation to become licensed and certified by state regulators and to be allowed by the Centers for Medicare Services (CMS) to continue to particpate in the Medicare hospice program. Without certification as meeting these standards, hospices cannot receive reimbursement for enrolling patients in their program. Certification does not necessarily mean that a hospice actually will comply with all the standards in any one patient’s case; it simply means that after the last inspection, the regulators decided to certify the hospice as meeting the standards. There are many reasons why state inspectors may not find all violations occurring in any one particular hospice agency’s program of services.

Hospice administrators are extremely aware of what the regulations are, however hospice staff are not always fully informed about all the details of the standards of care. In the case of rogue hospices which choose to consciously violate the standards for their own financial benefit, you can be sure that most of the hospice staff do not really understand all the laws governing hospice (however well-motivated hospice staff may be).

The rogue hospice agencies take a calculated risk when they violate the standards, basically betting that these violations will not be discovered by inspectors, or that even if discovered, they can take actions to avoid being decertified. Their actions clearly show that they believe that they will, in the long run, benefit more financially by violating the standards than by complying with the standards. However, if you are fully informed about your rights, you can protect your loved one and yourself from exploitation and easily require the hospice to provide all the care needed for your loved one.

The Federal law on hospice can be found in any metropolitan public library in the books containing the Code of Federal Regulations (See 42 CFR ch iv. Part 418 which governs hospice). Ask your reference librarian for assistance. Federal laws governing hospice may also be directly found at the U.S. government printing office’s website https://www.gpo.gov/fdsys/pkg/FR-2014-08-22/pdf/2014-18506.pdf

State administrative rules governing hospice can be found at our list of state administrative rules governing hospice or by searching at your own state websites. Then look under Administrative Law – Hospice , Administrative Code – Hospice or Regulations – Hospice . or you can search at: p

Cornell University Law Library’s website
http://www.law.cornell.edu/wex/table_health
You can find links to your State’s laws on healthcare in general and then search on the state website for hospice at this site an excellent resource!





Compare Local DUI Lawyers, dui laws in ga.#Dui #laws #in #ga


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Speak With a DUI Lawyer from a Top Law Firm Immediately! Call 844-832-6384 now.

Dui laws in ga

William C. Head, DrunkDrivingDefense.com Founder

Your Best Shot at Winning Your DUI Case Starts Here

This drunk driving defense lawyer directory was created by one of the nation s top DUI defense attorneys, Atlanta DUI attorney William C. Bubba Head. For over four decades, Mr. Head has trained and met thousands of criminal defense attorneys who focus on DUI defense. From all of those contacts, he has identified over 300 talented drunk driving lawyers across America who have built stellar reputations as serious and effective criminal defense attorneys. If you need to find a top-rated criminal defense attorney, call us anytime day or night, and Mr. Head will direct you to one of these proven DUI defense attorneys.

When looking for the best DUI attorneys, most people facing a DUI charge seem to spend too much time asking “how much does a DUI cost?” The more relevant question is whether the drunk driving defense attorney has a track record of proven results showing that he or she knows how to win a DUI.

DUI Defense Cases Are Our Specialty

This best DUI lawyer locator directory was launched by William C. Head, a top Atlanta, GA DUI lawyer, in 1996. It is America s original, most trusted DUI lawyer locator website. Mr. Head is currently INVITING affiliates from across America to join DrunkDrivingDefense.com, a national team of superb-rated DUI lawyers. He operates this website through Headlines Marketing Corporation, which was established in Atlanta in 1991.

Speak With the Country s Best DUI Law Firms FREE Consultation

Through DrunkDrivingDefense.com, Mr. Head and his committed Atlanta, GA support staff help THOUSANDS of people each year who have been charged with DUI or DWI to locate and work with with highly-credentialed criminal defense lawyer veterans. These drunk driving lawyers are considered the best in their field.

We Fight for Reduced Charges or a Full Acquittal

Do Not Plead Guilty and Suffer the Consequences for Life!

Our top-rated DUI attorneys are on call 24/7!

Find A Top DUI Attorney Now

Michigan OWI Guru and DUI Law Book Author Patrick Barone Praises Atlanta DUI Lawyer Bubba Head

We Have Many Ways to Beat a DUI Charge

Dui laws in gaAtlanta drunk driving defense lawyer Bubba Head and his Atlanta criminal defense lawyers FIGHT cases all across Georgia. Don t make the same mistake as so many others arrested for drunk driving (impaired driving) and plead guilty to the DUI-DWI-OWI-OUI charge. If you went to your physician and learned that you had cancer, would you just quit, without a fight? Being arrested for DUI is like having LEGAL CANCER. The burden of proof is on the state prosecutor, meaning that they must prove beyond a reasonable doubt that you are guilty of the crime of DUI for which you are charged. Fortunately, hundreds of successful DUI defense strategies are at our disposal, including excluding breath test and field sobriety test results. A knowledgeable DUI criminal trial attorney knows how to challenge the DUI police evidence against you. In many jurisdictions, a high percentage of driving under the influence cases challenged by a resourceful DUI attorney can result in your drunk driving charges being reduced, dismissed, or possibly be resolved through your acquittal at trial.

Don t Hire a Criminal Attorney Who Doesn t Know How to Win DUI Cases

Drunk driving defense is an extremely technical field of criminal law, requiring knowledge of constitutional provisions and statutory DUI laws in your state. Also, a full understanding of police arrest procedures, and the complex scientific and medical evidence that DUI prosecutors will seek to use against you in court, is mandatory for any sought-after DUI lawyer. If you go to a DUI criminal attorney who lacks the training and knowledge to minimize the prosecution s case, potential intoxicated driving defenses to the criminal charges will never be properly raised and asserted. Any good DUI lawyer will admit that a drunk driving lawyer has to know as much or more about criminal trial practice as a lawyer defending a murder case to be able to effectively handle your drinking and driving case.

Do Not Trust Police Evidence

Some of the most common DUI defenses involve the legality of the initial traffic stop, the voluntary taking of field sobriety tests, issues surrounding the unreliability of the DUI sobriety tests (particularly when done incorrectly), and whether your arrest was legal. Police officers cannot pull you over for no reason. Even in the 38 states that allow DUI checkpoints, many legal challenges have been successful.

Our DUI Lawyers Can Determine if You Were Stopped Illegally

Evidence that a crime occurred or was being committed as a reason to pull you over must be established by the prosecutor at court. Many times, DUI police videos help us get drunken driving cases dismissed. If a top DUI criminal attorney can prove that there was no probable cause for your vehicle being stopped, or that the officer failed to gather sufficient proof of your impairment by alcohol or drugs to make a custodial arrest (i.e., to handcuff you instead of letting you go after signing your traffic ticket), your whole driving under the influence case can be thrown out.

Blew Over the Limit? We Can Get Your Breath Test Results Excluded

The best DUI criminal defense attorneys know dozens of ways to TOTALLY EXCLUDE your breath test or blood test results. Atlanta DUI lawyer William Bubba Head co-authored a 1991 book outlining 101 Ways to

Avoid a Drunk Driving Conviction. If damaging evidence can be excluded, this cripples the DUI prosecution s case against you in many instances.

Plus, a skilled DUI attorney knows critical mechanical and procedural errors that can cause the breathalyzer machine (or even a blood test device) to render an inaccurate or unreliable breath test reading. These include:

  • Failure to observe periodic maintenance requirements on the breath test instrument
  • Improper administration of the breath test by the arresting officer
  • Flawed or incomplete calibration check records
  • Breath test machine malfunctions
  • Discovering that a certain medical condition may have caused an additive reading that is a false positive.

Your criminal defense attorney, working with a top expert witness on breath tests, can determine if any administration, observation, or BAC test results errors likely affected your breathalyzer evidence. This can be an effective, winning defense against your pending impaired driving charges.

The four brands of breath test machines used in the USA are:

How Far Over the Legal Limit Were You?

DUI breath tests and DUI blood tests often are items of essential evidence used by the prosecution to prove that your breath alcohol level (BAL) or blood alcohol content (BAC) was over the legal limit. These cases are often called DUI Per Se cases. For all drivers age 21 and over who are not driving a commercial vehicle, the BAC level is 0.08 or more. Drivers under age 21 are held to a ZERO BAC standard, but the breath test limit can be 0.00, 0.01 or 0.02 under state DUI laws. Use our quick BAC calculator to determine your level of intoxication.

Dui laws in ga

Don t Lose Your Money, Job, and Relationships Because of a DUI on Your Record.

A drunk driving conviction leads to tough DUI penalties that stick with you for life, and can also impact your family for generations. Read Mr. Head s list of 97 Consequences of a DUI Conviction and increase your resolve to seek the best possible DUI attorney for your pending drunk driving case.

Remember: You only get ONE SHOT at walking away with a win!. Don t jeopardize all you ve worked for by hiring a lawyer you saw on a billboard. Speak with us and learn how we will defend your case. Ask about our payment plans.


New Auto Accident Injury PIP Laws in Florida #florida #auto #accident #laws


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New Florida Laws Regarding Auto Accident Injury

What are the new PIP laws?

In 2013, the state of Florida introduced new legislation that changed the way auto insurance covers your healthcare after an auto accident injury. Whiplash and other symptoms often don t start to manifest in the new time allotted to make a claim. Dr. Allan Dellabella, our West Boca Raton chiropractor. explains how the new laws work so that you can visit your chiropractor in time and receive coverage.

New auto accident injury PIP laws video transcript

Hello my name is Allan DellaBella. I am a Chiropractic physician in West Boca Raton, Florida and I have been asked to speak today in regards to what a patient should do when they sustain an injury in an auto accident in regards to their health and the new laws in the state of Florida.

First of all as on January 1, 2013 the governor introduced new legislation to the state in which instead of 4 years of time to be treated after an auto injury you now have to be treated within the first 2 weeks for your auto insurance to cover your healthcare. Aside from that you also need to obtain on emergency medical certificate from the physician so that your PIP Coverage encompasses the full $10,000 policy otherwise the policy only has a $2,500 limit. So make sure your physician gets an emergency medical certificate so you have the full $10,000 of your policy.

Other then that there are injuries sustained to your body that you can not feel so if you feel muscle soreness in your neck, in your mid-back, in your low-back or any where in your body seek a physician s advice within the first 2 weeks, Because where you just feel soreness and think it going to go away and then go to your physician a month later after the soreness doesn t go away your going to find out that unfortunately you can not use those medical benefits covered under your policy.

You may have whiplash which is a straightening of the neck curve, you may end up with a pinched nerve or you may have some other sprain/strain to your spine, please seek treatment within those first 2 weeks to allow for that. To recap again seek treatment in the 2 weeks after a car injury, make sure your physician fills out an emergency medical certificate for you and if you are unsure whether to seek treatment, go for a consultation, let yourself get examined so that a physician can determine whether or not you have been injured.

Request an Appointment


Florida Board of Nursing – Education and Training Programs – Licensing, Renewals


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The Florida Board of Nursing (Board) approves new pre-licensure nursing education programs that meet the application requirements specified in Section 464.019, Florida Statutes. This Section of Florida law also defines the Board s regulatory authority over established nursing education programs.

Nursing education programs in Florida that hold specialized nursing accreditation by the Accreditation Commission for Education in Nursing (ACEN) or by the Collegiate Commission on Nursing Education (CCNE) are not regulated by the Florida Board of Nursing. Consumers are advised that the Board is not authorized to conduct site visits, and oversight of approved nursing education program quality measures is limited by Florida law.

All concerns or complaints pertaining to approved nursing education programs in Florida should be directed to the Consumer Services Unit of the Department of Health s Division of Medical Quality Assurance.


Structured Settlement Buyout #structured #settlement #buyout,structured #settlement #buyout #in,lump #sum #structured #settlement


Structured Settlement Buyout

A structured settlement is a financial payout from a court case. These are set up in such a way as the court deems will best benefit the recipient of the funds. They are certain, predictable, and a means of being able to count on a specific dollar amount every month. A structured settlement buyout is not deemed to be the best financial choice that one can make, for many reasons.

Many will argue that a structured settlement buyout is a safe financial transaction that will not burden the individual with high interest rates or loan debt. What is more, is that with a structured settlement buyout the consumer will not need to be burdened with credit checks or other invasive measures to assure that they are trustworthy for a loan or credit card.

Structured Settlement Buyout Click Here

The down side to this argument for a structured settlement buyout is that the individual will still have to engage a time consuming process in order to obtain a loan or credit card. The individual will also have to fill out many forms and hope that they will get the line of credit or money that they need. Although, if it is disclosed that they have a structured settlement payment they will probably be accepted for the loan or credit card.

Financial advisers typically counsel their clients not to engage a structured settlement buyout. The reason for this is that with a structured settlement buyout, the consumer will lose money. The companies that perform a structured settlement buyout want the greatest profit margin they can get. This is not always 100% fair to the seller.

The consumer will also need to keep in mind that in the event that they choose a structured settlement buyout, the process is not a right now kind of thing. There is a lot of paperwork and a court hearing that needs to be held. This process can take up to 2 months before the structured settlement buyout is final.

The best thing to do is to never be spontaneous with the decision to get a structured settlement buyout. Get as much information on the structured settlement buyout process and the company involved. A structured settlement buyout is losing guaranteed income for an electric bill or some groceries. A structured settlement buyout is simply not worth the net gain that interest with the payments will bring you.

As a rule of thumb a structured settlement buyout is developed to benefit the company buying the payments. It is not a beneficial or wise money transaction for the recipient of the payments. The long term goals of the payments is to aid the individual in securing their financial future and a structured settlement buyout seeks to benefit the company taking over reception of the payments.

If the consumer truly needs money immediately, a better choice than a structured settlement buyout is a conventional loan through an established, trustworthy banking institution. It may take a couple of weeks to get the loan, but that will be far quicker than selling off the payments that were put in place to protect the interests of the individual. The choice of a structured settlement buyout does not make good money sense.

Structured Settlement Buyout


Governor Herbert signs controversial bill making Utah – s DUI level the


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Governor Herbert signs controversial bill making Utah s DUI level the lowest in the nation

SALT LAKE CITY — Utah Governor Gary Herbert has signed a bill lowering Utah’s DUI level from .08 to .05, making it the lowest in the nation.

The governor signed the bill late Thursday, hours after announcing to reporters his intention to make it law.

“My responsibility is to evaluate and decide whether in fact going to .05 is in fact good policy. That’s my charge, is it good policy? And I’m here to announce that after thorough analysis that I believe it is good policy and that this new policy will in fact save lives,” he said at his monthly news conference on KUED.

However, Gov. Herbert said he would call a special session to address “unintended consequences” of the law, which could also include delaying it’s implementation beyond 2019. Some lawmakers (including House Speaker Greg Hughes) have said they would prefer to wait until other states move to .05 so Utah is not alone.

The bill’s sponsor, Rep. Norm Thurston, R-Provo, told FOX 13 he was thrilled by the governor’s decision.

“We’re first in a lot of things and one thing we can be first in is prioritizing highway safety,” he said.

The decision to make the change to Utah’s drunk driving law came after a lot of lobbying against the bill. In numbers provided to FOX 13 under a request to the governor’s office, 3,818 phone calls, emails and letters had been received as of Thursday morning asking for HB155 to be vetoed (including about 1,000 form emails), while 444 called or wrote in favor of the bill.

Gov. Herbert said he did not believe the policy would hurt tourism as hospitality leaders have claimed, noting that much of the world has adopted a .05 Blood Alcohol Content (BAC) level.

“If we look at the world, we’re not weird,” he said, adding that Utah could sell the DUI bill as making our state safer than others.

Restaurant and hospitality groups — including the Utah Restaurant Association and the Salt Lake Area Restaurant Association — met with the governor to urge him to veto the bill. They insisted they did not condone drinking and driving, but feared it would harm their business by scaring people into staying home, fearful that one drink could land them in jail for DUI.

“Any downturn in our sales from people who decide to go to a different state, don’t want to come to Utah or don’t want to go out to eat negatively impacts our sales which affects taxes in Utah, which affects the ski industry, the tourism industry, the hospitality industry and the restaurant industry,” said Doug Hofeling, the Chief Operating Officer of Wasatch Beers, which owns Squatter’s, a popular local brewery.

Ski Utah CEO Nathan Rafferty told FOX 13 on Thursday that he did not believe HB155 would help lure tourists.

“People have a lot of options when they go on vacation somewhere. It doesn’t give us a competitive advantage, that’s for sure,” he said. “We appreciate the governor’s thoughtfulness on how he approached this difficult issue. We are going to work with the governor’s office and Utah Office of Tourism to make Utah not only a safe place to visit as a tourist but a desirable location.”

The American Beverage Institute took out full-page ads in USA Today and Salt Lake City’s daily newspapers opposing the bill and indicating Utah would lose tourism to Colorado.

Supporters of the bill pushed it as a matter of public safety, by insisting no one should ever drink and drive.

“Lowering the blood alcohol content limit reduces the number of deaths and injuries from alcohol-related crashes, and it will not result in negative consequences for tourism,” said Boyd Matheson, the president of the conservative think tank Sutherland Institute, which backed the bill.

“Opponents of HB 155 are attempting to make this law about Utah’s public image – about limiting the choices of citizens and visitors to the state. HB 155 will have no impact on what or how much individuals drink – it is focused on protecting lives by ensuring those who choose to drink also choose not to drive impaired. We applaud Gov. Herbert’s decision to sign this bill into law.”

If a special session is called, FOX 13 is told lawmakers could water down HB155 to delay when it becomes effective and its overall impact if someone is ever arrested with a .05 BAC. There could be a reduction in penalty to avoid someone losing their job or having a significant impact to car insurance. Other states have had a tiered system for DUI and the level of BAC someone is convicted of having.

Rep. Thurston said he was open to making some changes.

“Again, everything’s on the table,” he said. “Nothing’s ever off the table with the legislature.”

Related stories

NEW YORK CRIMINAL ATTORNEY #manhattan #new #york #city #criminal #defense #lawyer, #new


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New York City Criminal Defense Lawyer

Jon Marks New York City Criminal Defense Lawyer

The Law Firm of Jonathan Marks, P.C.

The Law Firm of Criminal Defense Lawyer Jonathan Marks has been successfully defending clients facing criminal charges since 1978. Over the past 40 years, the Firm has earned an outstanding reputation for obtaining favorable results for its clients through all stages of the criminal justice process

The Firm’s criminal cases range from complex white collar prosecutions to narcotics and violent crimes. In addition, the Firm handles cases involving police brutality and other instances of police misconduct. With 40 years of experience and dedication to the specialized field of criminal law, the Law Firm of Jonathan Marks can be trusted to maintain total confidentiality and to energetically pursue your legal rights and goals.

Professional New York Legal Counsel for criminal defense

The Firm believes that all of its clients deserve personalized expert legal services that are cost-effective and that efficiently resolve any pending criminal charges. The Firm treats each client as a partner in his or her case and emphasizes that the best defense results from a well-informed client and well-informed attorney. At the same time, the Firm remains keenly aware that its criminal clients are facing an inordinate amount of personal stress and that part of an attorney’s job is to do all things possible to minimize that stress.

Hire one of the best criminal attorneys in New York

Attorney Marks has received the highest rating (AV) for competence and integrity from Martindale-Hubbell for the past 40 years. He has taught trial advocacy to lawyers and at law schools in the New York area. Jonathan Marks is proud of the recognition and appreciation he has received from his clients for his devotion to their cases and the good outcomes that have resulted. One client even named his first son after Attorney Marks .

Jonathan Marks has been a life member of the National Association of Criminal Defense Lawyers and a member of the New York Council of Defense Lawyers, the New York Criminal Bar Association, and the Federal Bar Council.

If you are facing criminal charges in New York City, Manhattan, Brooklyn or Queens and are looking for highly experienced and personalized legal assistance, please contact the New York City Law Firm of Jonathan Marks. P.C. We speak Mandarin Chinese, Korean and Japanese.


Assisted Living Laws and Regulations by State #motel #six #locations

#assisted living

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Assisted Living Laws by State: Know Your Rights

When parents move to assisted living, we want to be certain they are well cared for. Part of this peace of mind comes from understanding the rights of assisted living residents and the obligations of the assisted living community. But this task is made more challenging because assisted living communities are not regulated nationally like nursing homes. Instead, each U.S. state has its own laws, regulations and licensing standards for assisted living communities. For example, in some states, as many as 25 hours of training are required for caregiving staff while other states have no training requirements.

A community that looks dazzling may in fact be offering substandard care. And a community that looks a little rough around the edges could be a gem.

To help you make a fully informed decision, we are posting each state’s assisted living licensing and regulation requirements on our website. This guide is designed to help you answer questions such as:

  • How much training is required for staff?
  • How often are communities inspected, and what do the inspectors look for?
  • Is there a minimum staffing ratio?
  • What are the rights of the resident?
  • Can my parent be evicted?

We encourage you to familiarize yourself with your rights and the legal obligations of assisted living communities where you live. Click a state below to see its standards.

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Hospice Law, Regulations and federal laws #vitas #hospice #houston

#hospice regulations

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HOSPICE LAW REGULATIONS
(FEDERAL STATE LAWS ON HOSPICE:
THE UNIFORM STANDARDS OF CARE)

You can rest assured that the Federal and State governments have specific standards of care written into law to protect you and your loved one. Federally recognized hospice care in the United States began with implementation of parts of the Social Security Act (including Sections 1102, 1861 and 1871/42 U.S.C. 1302 and 1395hh and other sections). Regulations governing the conditions under which hospice agencies may participate in the Medicare hospice benefit are spelled out in the US Code of Federal Regulations, hospice regulations originally published in the Federal Register.

Hospices must meet these Conditions of Participation to become licensed and certified by state regulators and to be allowed by the Centers for Medicare Services (CMS) to continue to particpate in the Medicare hospice program. Without certification as meeting these standards, hospices cannot receive reimbursement for enrolling patients in their program. Certification does not necessarily mean that a hospice actually will comply with all the standards in any one patient’s case; it simply means that after the last inspection, the regulators decided to certify the hospice as meeting the standards. There are many reasons why state inspectors may not find all violations occurring in any one particular hospice agency’s program of services.

Hospice administrators are extremely aware of what the regulations are, however hospice staff are not always fully informed about all the details of the standards of care. In the case of rogue hospices which choose to consciously violate the standards for their own financial benefit, you can be sure that most of the hospice staff do not really understand all the laws governing hospice (however well-motivated hospice staff may be).

The rogue hospice agencies take a calculated risk when they violate the standards, basically betting that these violations will not be discovered by inspectors, or that even if discovered, they can take actions to avoid being decertified. Their actions clearly show that they believe that they will, in the long run, benefit more financially by violating the standards than by complying with the standards. However, if you are fully informed about your rights, you can protect your loved one and yourself from exploitation and easily require the hospice to provide all the care needed for your loved one.

The Federal law on hospice can be found in any metropolitan public library in the books containing the Code of Federal Regulations (See 42 CFR ch iv. Part 418 which governs hospice). Ask your reference librarian for assistance. Federal laws governing hospice may also be directly found at the U.S. government printing office’s website https://www.gpo.gov/fdsys/pkg/FR-2014-08-22/pdf/2014-18506.pdf

State administrative rules governing hospice can be found at our list of state administrative rules governing hospice or by searching at your own state websites. Then look under Administrative Law – Hospice , Administrative Code – Hospice or Regulations – Hospice . or you can search at: p

Cornell University Law Library’s website
http://www.law.cornell.edu/wex/table_health
You can find links to your State’s laws on healthcare in general and then search on the state website for hospice at this site an excellent resource!





Florida Civil Statute of Limitations Laws #florida #business #laws, #florida #health #care


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Florida Civil Statute of Limitations Laws

You got rear-ended on the Turnpike a couple of months ago and your neck still doesn’t feel right. Or maybe it’s a year after the accident and you’re just now realizing that the repair shop didn’t fix your car right the first time around. Can you sue the other driver or the repair shop for damages? And, if so, is there a deadline for filing either lawsuit? Every state has their own laws limiting the amount of time between when an injury occurs and when you can file a civil suit. Here is a brief summary of civil statute of limitation laws in Florida .

Civil Statutes of Limitation

In every state, there are time limits for the filing of lawsuits and other civil actions called statutes of limitations. Florida’s civil statute of limitations laws are largely in line with those of other states. Depending on the type of case or procedure, Florida’s statutes of limitations range from two to four years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong.

Statutes of Limitation in Florida

Injury to Person


SR22 and Other Insurance Requirements in Utah #utah #auto #insurance #laws


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SR22 and Other Insurance Requirements in Utah

This is the total amount paid for property damage (“PD”).

SR-22: When do you need it?

SR-22 (the “SR” stands for “safety responsibility”) is a document that verifies that someone has automobile insurance. The SR-22 is prepared by an insurance company and then filed (by the insurance company) with the department of motor vehicles (DMV). The SR-22 is not an insurance policy. It is evidence that you have a policy.

Typically, an SR-22 is required when a driver seeks to reinstate a driver’s license after being convicted of a DUI. reckless driving, driving without insurance, or some other driving violation that’s resulted in a suspension. The SR-22 may be required whether you own a vehicle (owner SR-22) or not (non-owner SR-22). The SR-22 is usually required for a number of years – for example, five years following a DUI conviction. If the policy holder fails to pay the premiums, the SR-22 is cancelled and an SR-26 is filed with the DMV. When the DMV receives the SR-26, the policy holder’s license is suspended until a new SR-22 is filed.

What if you’re involved in an accident in a state other than Utah?

The good news is that most policies will increase to match the minimum requirements of the state in which the accident occurred. The 12 states with no-fault insurance systems require that your insurer pay for your damages (as if you had a no-fault policy).

How are premiums determined?

An insurance company takes many factors into consideration when determining your insurance rates (premiums). Some factors may seem unfair. For example, drivers with higher education or who are married will generally receive better rates than a driver with a similar driving record. Below are the major factors affecting rates

  • Driving record and accidents. Moving violations, DUIs, and accident claims trigger higher rates.
  • Credit score. Bad credit scores trigger higher rates.
  • Miles driven. Drive less, pay less.
  • Occupation. Jobs involving driving or heavy commutes may trigger higher rates.
  • Location. Higher crime rates in your neighborhood or a density of population (cities) will cause rates to rise.
  • Age. Drivers under 25 pay more; drivers between 50 and 65 pay less.
  • Gender and marital status. Women have fewer accidents and pay less than men. A married person is considered more stable and will receive a lower rate than a driver with a similar record.
  • Type of car. The more powerful or expensive, the higher premium because high performance cars attract riskier drivers and expensive cars are more costly to repair.

Talk to a Traffic Ticket attorney.


Ohio state insurance #ohio, #business #portal, #starting #a #business, #hiring, #training, #employees,


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Bureau of Workers’ Compensation monthly employer webinars

BWC is beginning a new series of brief, informative webinars on topics of interest to employers. Webinars will be offered twice a month and will be about 20-25 minutes. To kick things off, June webinars will cover policy year 2017 renewal, the 2-percent early pay discount and future dating of payments.

Ohio Materials Marketplace

The Ohio Materials Marketplace is a free online platform allowing businesses and organizations to connect and find reuse and recycling solutions for waste and by-product materials.

Ohio Business Central

File business documents online with Ohio Business Central. Available online forms include: articles of incorporation for domestic corporations, nonprofits, and professional associations; articles of organization for a domestic limited liability company; foreign for profit and nonprofit corporation application for license; foreign limited liability company registration; trade and fictitious name registration and renewal; and biennial reports for associations and limited liability partnerships, and more.

view all Gateway topics


Compliance with Laws and Regulations #compare #hotel #prices

#hospice rules and regulations

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Compliance with Laws and Regulations

Ensuring compliance with applicable laws, regulations, and professional standards of practice, implementing systems and processes that prevent fraud and abuse.

Compliance with Laws and Regulations includes the following aspects:

  • Compliance Program
  • Survey Preparedness
  • Addressing Program Deficiencies

Member hospices can evaluate their organization and operation with respect to compliance with laws and regulations through NHPCO’s Self-Assessment Checklist for Compliance with Laws and Regulations

Pathways to Success

Pathways to success for demonstrating compliance with laws and regulations include:

  • Having a procedure for reporting and investigating compliance concerns.
  • Utilizing the hospice compliance program developed by the Office of Inspector General (OIG).

NHPCO Standards of Practice for Hospice Programs

Resources and Tools

Members can view a wide range of documents and links to online information in Resources and Tools for Compliance with Laws and Regulations

Regulatory Members can access the resources in the Regulatory section of the website.

Background Material and Resources

The following publications support the many aspects of Compliance with Laws and Regulations: