The Claimant’s Attorneys Role in Workers Compensation Mandatory Mediation Process

Act 147 adopted in October 2006, amended the Act to include provisions for case management and mandatory mediation. Since the settlement conferences had become a common occurrence here in Western Pennsylvania, with regard to mediation, many asked the questions “what for?” Is there really a difference between a settlement conference and a mediation? Alternative dispute tools have gained great popularity in the last few years, so where does this fit in to the workers’ compensation system.

Under section 401 of the new Act, mediation is defined as follows:

“a conference conducted by a workers’ compensation judge, but not necessarily the judge assigned to the actual case involving the parties, and shall require the attendance in person or by teleconference of all parties including the claimant and employer, and their respective counsel. The representative from the employer must have requisite authority to bring about settlement of the case or must have the ability to obtain said authority during the course of the mediation.”The new Act then goes on in section 401.1 dealing with the new mandatory trial schedules, to provide: Every trial schedule shall include a specific time and date for a mediation conference shall take place no later than 30 days prior to the date set for filing proposed findings of fact and conclusions of law or legal briefs or memoranda, unless, upon good cause shown, the workers compensation judge determines mediation would be futile.”Mediation as a tool is generally understood to be significantly different than a settlement conference. The Uniform Mediation Act defines mediation as “a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.” While often thought of as a tool for resolving cases and avoiding costly litigation, it is really a tool to resolve issues. Resolution of the case is often just the by-product of the issue resolution. Remove one or two major issues and the case can become very simple. Clearly the legislative intent of this provision was to expedite the adjudication of these cases.The question arises for the claimant, “Do I still need an attorney?” Despite the seemingly agreeable nature of the mediation, a claimant should still acquire the services of counsel. Preparation is key to an effective mediation, and that includes research into the potential legal issues that will arise in the case. Knowledge of the judge, doctors and other experts involved with the case is also important to analyzing your position. Finally, the insurance carrier will always be represented by counsel and so should you. Give the insurance company an opportunity to exploit you and they will.

Delta Law Group Featured On the National Law Marketing Portal

We were pleased to notice that the Law Marketing Portal, one of the top online resources for legal marketing, reprinted the Pittsburgh Post Gazette article on January 18th, 2008.  At this early stage in our history, it is an honor to be getting this type of attention. This outside attention from the top legal marketers in the legal profession has us even more convinced that our virtual model represents something of value for our clients.   http://www.lawmarketing.com/pages/articles.asp?Action=Article&ArticleCategoryID=13&ArticleID=711

New Bankruptcy Guideline Figures

The United States Department of Justice has released new Median Income Figures. This is the sixth time since the adoption of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) that the figures have been adjusted.The figures are applicable to all cases filed on or after February 1, 2008.For the Commonwealth of Pennsylvania, new median income figures are as follows:1 Earner – $43,166
2 Persons – $50,628
3 Persons – $63,491
4 Persons – $76,182$6,900 is to be added for each individual in excess of 4The old figures were:1 Earner – $41,971
2 Persons – $49,226
3 Persons – $61,733
4 persons – $74,072

TV Appearance on WTAE’s Plugged In Show

We were excited to share our new virtual law service with the TV audience this morning.  For those who might have missed it, the link is attached. 

WTAE’s Plugged In Show called Local Law Firm  Goes Virtual on January 17th, 2007 hosted by Ashley DiParlo.

 Let us know what you think.  The feedback thus far has been very positive.   If you get a chance, visit our podcast page with a growing list of free legal topics.  We add at least one broadcast every week.  Let me know if there is a particular show you’d like us to do and I will likely find a local expert and do that show for you. 

Again, thanks for all of your support. 

Updated Bankruptcy Standards For Necessary Expenses, Housing and Utility Expenses

Most individual debtors filing for bankruptcy relief are required to complete either Official Bankruptcy Form 22A or 22C (Statement of Current Monthly Income and calculations). Bankruptcy Form 22A is the form chapter 7 debtors will complete for “means testing” purposes; Form 22C is the form chapter 13 debtors will complete. [The Official Bankruptcy Forms can be found on the Administrative Office of the U.S. Courts Web site.]

A debtor must enter income and expense information onto the appropriate form (i.e., Form 22A or Form 22C)and then make calculations using the information entered. Some of the information needed to complete these forms, such as a debtor’s current monthly income, comes from the debtor’s own personal records. However, other information needed to complete the forms comes from the Census Bureau and the Internal Revenue Service (IRS).   Some of the allowable expense items required on Form 22A and Form 22C have been revised.   

Effective January 1, 2008, there are new National Standards for five necessary expenses: food, housekeeping supplies, apparel and services, personal care products and services, and miscellaneous. Those updated standards can be found on the Internal Revenue Service’s website.   Also on January 1, 2008, new standards take effect for Pennsylvania housing and utility expenses. The Pennsylvania standards can also be found on the on the Internal Revenue Service’s website.  If the standards are not high enough to cover your actual budget then you will need to provide documentation as to what you really spend.

Expectation in Privacy With Your Computer

On October 15, 2004, Kenneth Sodomsky took his computer to a Circuit City store in Pennsylvania. A store technician, while working on the computer, saw files that “appeared to be pornographic in nature”. The police were called, the computer was seized, and Mr. Sodomsky was arrested.The trial court suppressed the search of the computer. An appeal was filed to the Pennsylvania Superior Court.The Superior Court said that Mr. Sodomsky gave Circuit City technicians access to the hard drive and that the technicians at Circuit City were testing the computer in a “commercially accepted manner.”The appeals court in December reversed the trial court’s suppression order and sent the case back for trial.In short, the Superior Court ruled that there was no expectation of privacy in the computer once it was left at the store to be worked on by the technicians. “If a person is aware of, or freely grants to a third party, potential access to his computer contents, he has knowingly exposed the contents of his computer to the public and has lost any reasonable expectation of privacy in those contents.” On December 19th, 2007, Mr. Sodomsky asked for reconsideration of the Superior Court decision.  No word as to whether reconsideration will be granted.

Delta Law Group Launches Lemon Law Practice

Delta Law Group is proud to announce we now offer Lemon Law legal services.  Our attorney has  practiced in the lemon law field for many years.  He is one of the few local lawyers who focusses much of his practice in Lemon Law work in Western Pennsylvania.   Delta Law Group is Pennsylvania’s first virtual law firm located at www.deltalawgrp.com.  Please visit our website for more information.

Recent Zoning Law Decisions

The Pennsylvania Supreme Court ruled in Fernley v. Board of Supervisors of Schuylkill Township that when a zoning ordinance fails to allow a for a legitimate land use in the community, the local government must justify why the use is not permitted. If the municipality or borough cannot do so, exclusionary zoning exists. If a landowner proves exclusionary zoning, then he or she is entitled to relief.   The Allegheny County Court of Common Pleas said in Lamar Advertising Co., v. Forward Township Zoning Hearing Board, that Forward Township did not permit billboards anywhere in the Township, and no legitimate reason existed for the exclusion. Therefore, Lamar was entitled to site-specific relief and permitted to place erect their billboard.

If you are a land owner and are facing a zoning ordinance, you may be entitled to receive a legitimate reason for your exclusion from your local Township..  If you are facing a zoning ordinance, you should contact a real estate attorney to evaluate your situation versus the current state of the law.   

           

 

Possible Changes to Bankruptcy Rules Involving Mortgages

According to www.mortgagenewsdaily.com “the u.s. house judiciary [committee] signed off on [11/12/07] on a bill designed to help certain bankrupt homeowners stay in those homes.  The highly controversial bill, which faces significant bi-partisan opposition on the floor, is yet another piece in a crazy-quilt of government and mortgage industry attempts to curtail rising foreclosures and stem the collapse of lending and lenders.

The bill, a substitute version of the Miller-Sanchez “emergency homeownership and mortgage equity protection act of 2007″ allows bankruptcy courts to change the terms of some existing mortgages to the benefit of the homeowner.

Check out the ongoing and updated dialogue on this topic in our bankruptcy Public Forum page.

Professional Negotiators: Going Into Battle Without A Weapon!!

Some people who have been sued in local courts recently will first find out about the case by receiving a letter from what appears at first to be a law firm.  However, if you receive one of these letters, you will soon discover that it is sent by a non-lawyer debt negotiator.  Many of these services specialize in consumer debt, like credit cards and home mortgages. They can be amply described in three words: dangerous, dangerous and dangerous!

Why would anyone hire a professional debt negotiator instead of a lawyer in such a serious situation?  When the complaint arrives, a responsive pleading must be filed within twenty days, unless an extension is granted.  If no responsive pleading is filed and no extension is granted to file within that time, a ten-day notice may be issued under the Rules of Civil Procedure, followed by a default judgment.  The whole case can thus be over, with a complete victory for the plaintiff, in about month after service. 

With the clock ticking, hiring someone to negotiate a settlement who cannot legally prepare and file an answer makes little sense.  Lawyers can and do negotiate settlements every day.  But many attempts at negotiation fail, especially when one party believes that it has a strong upper hand.  So the defendant is forced to hire a lawyer at the last minute – provided he is even aware that default judgment may be imminent.

Professional negotiators sell their services on the dubious basis that they know exactly how much to offer because they deal with similar creditors every day. They imply that they have some kind of cabalistic knowledge and that you or I, poor fools, would leave money on the table because we didn’t know the secret number.  This dubious proposition ignores the obvious fact that negotiation is a test of power and they don’t have much.  Every lawyer knows that a litigant often makes an unappealing settlement offer from the comfort zone of the office.  He or she will only become truly motivated as the moment of truth draws perilously close – sometimes minutes away in the courtroom.  Debt negotiators, who might be likened to warriors without weapons, can never make that moment of truth happen.

The law has come a long way in developing methods like private arbitration, mediation and conciliation as alternatives to expensive litigation.  These methods often do work. But part of the reason is that the conflict can ultimately be resolved by force.  Speaking softly may be an effective negotiating technique, but doing so while leaning on a big stick is still the approved method.

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