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If you were to go to your “important papers” file at home and pick up a copy of your auto insurance policy, chances are that you will see all sorts of coverages and endorsements that could not be more confusing if they were written in ancient Greek. Folks may have a very basic understanding of phrases like “underinsured motorist”, “bodily injury liability”, or “personal effects”, but if they are asked how those terms apply to the insurance coverage available to them, most people are in the dark. The purpose of this article is to provide a basic understanding of “medical payments” coverage, and to caution the reader about handling claims under that coverage. Medical payments coverage, or “med pay” as it is known in the industry, is coverage that will reimburse the insured party for medical, hospital, and similar expenses incurred as a result of an injury sustained while riding in a car covered by the policy. The coverage is optional and can range from as low as $500 to as much as $50,000 or more. In general, it doesn’t matter how the accident that caused the injuries happened, or who was at fault. If I am driving home in my car while eating a sandwich and talking on my cell phone and I end up running off the road and into a tree, the expenses I incur for treatment of my injuries are going to be reimbursable under my med pay coverage. All I have to do is send a copy of the bill to my insurance carrier, and they should send me a check. Sounds pretty simple, right?  In most cases, it is. However, there are some common pitfalls that most folks aren’t aware of. I’ll talk about one of those pitfalls in this article, and another in a subsequent submission. First, you need to keep in mind that if you are paid med pay benefits because of an accident that was caused by someone else’s negligence, the insurance company has a right of subrogation. Subrogation means that if you recover damages from the party who caused the accident, you are obligated to reimburse your insurance company the money that they paid you under the med pay coverage. Here is an example. Joe Blow runs a red light and plows into your car, resulting in you being taken to the emergency room. You incur a $5,000 bill, so you collect $5,000 in med pay benefits from your own insurance company. You then file a claim against Joe Blow and reach a settlement with his insurance company. At that point, you are obligated to repay your insurance company the $5,000 they paid you under the med pay coverage. In essence, and subject to one or two exceptions, the insurance carrier gets its money back. In nearly 40 years of practicing law, I have yet to have a case where a client was not surprised by the fact that after collecting benefits for which he has paid a premium for years, the insurance carrier is entitled to be repaid. There is sometimes a way to minimize what you have to repay your insurance carrier under these circumstances. In WV, an auto insurer is required to bear its fair share of the expenses you incurred in order to make your recovery against the guy who caused the accident. Generally, those expenses will be attorney fees, which most often amount to a percentage of the overall recovery. Thus, if you paid your attorney 1/3 of the amount you recovered in settlement from the guy who caused the wreck, you can reduce the amount you are required to repay your auto insurer by 1/3 as well. At Bordas & Bordas, we don’t charge our clients a fee against money they recover under med pay coverage, so our clients benefit by collecting 100% of the benefits they are entitled to receive, and only paying back 2/3 of what they collected in the end. That benefit can amount to an extra $5000 or more in our client’s pocket in the end. Watch our blog for a second article about med pay benefits coming soon. Until then, feel free to contact any of our attorneys if you have questions about your medical benefits coverage.

According to the World Health Organization (“WHO”) the basic act of breathing is killing 7 million people a year and harming billions more. Calling air-pollution the “new tobacco”, the WHO is sounding the alarm bell for over 90% of the world’s population who suffers the harmful effects of breathing toxic air. Rich, poor, young, old, the toxicity of our biosphere cares not, and virtually no one can escape air pollution in this day and age, creating a needless epidemic of preventable deaths and disability. Study after study is showing further harms from toxic air, including a “ huge reduction” in intelligence, millions of diabetes cases and the first direct evidence of pollution particles in mothers’ placentas. With smoking on the decline globally, air pollution now causes more deaths annually than tobacco according to the WHO. And the cost of the lost lives and ill health is a gargantuan economic burden, calculated to be an eye-popping $5 trillion (with a “T”) dollars a year, according to a World Bank report. The most vulnerable segment of our population is children, who are at the greatest risk of air pollution’s harmful effects, which include respiratory diseases, heart attacks, cancer and brain damage. The source of these harmful diseases stems largely from the very small particulates put into the air through various industrial processes, including transportation and energy production. These micro-pollutants can penetrate the body’s lungs and enter the body’s circulatory system where these particles can be transported and deposited throughout the body and cause all sorts of harm. Unfortunately, some of the most harmful sized particulates are also the smallest and can evade the body’s natural defense mechanisms. Although, globally-speaking, the U.S. fairs relatively better than many other countries, locally, we Ohio Valley residents face some of the greatest risks of any Americans from air pollution, due in large part to the heavy concentration of coal-burning power plants that line the Ohio River Valley, along with the added burden of benzene, a potent carcinogen, from natural gas drilling being injected into our air at levels well-above those considered safe. It is beyond unacceptable for West Virginians to be forced to pay the price for energy operations where the vast majority of the economic benefits are enjoyed by out-of-state, multibillion-dollar corporations while the real costs of such operations are foisted upon the public at-large. But unfortunately, there appears to be no legislative momentum to responsibly regulate the practices that pollute the air and cause such needless suffering amongst populations of all stripes. Here’s hoping that our elected officials soon recognize the danger and act to protect those they were elected to serve. Until then, if you believe you have contracted leukemia, cancer, or some other illness from polluted air, you should contact an experienced attorney right away to explore the matter further. Image courtesy of Unsplash.

As the colder weather starts kicking in so does my excitement for the season…SOUP SEASON!! When I was a child, soup consisted of chicken noodle and tomato. That was it, just those two soups. Now that I am an adult, I have ventured wayyyy out of my element by adding so many vegetables, beans, pasta and meats to my base; the options are endless! Not to mention chili! Turkey chili, white chili and sausage chili. These scrumptious meals-in-a-bowl coupled with buttered crusty bread are more than just dinner or lunch. They are comfort foods to warm us up on a cold day. They are good for our health when you add veggies. You can basically feed an entire family a healthy satisfying meal with minimal cost. So grab your slow cookers and recipes, the season is upon us! Image courtesy of Unsplash.

Every time I am writing my monthly blog there seems to be some holiday or special event that has some importance or memory in my life that I write about. So with it being November, and recently Thanksgiving, it might be natural for me to talk about my memories of Thanksgiving parades, the Charlie Brown Thanksgiving special, or eating turkey until I passed out on the couch from all the amino acid tryptophan. However, what I have decided to write about is my ex father-in-law, Ed Wagner, who passed away this past Friday. At first glance Ed was, like many people, not an extraordinary man in any way to the general public. His likes and interests were not extra ordinary. He loved sports, reading the newspaper and scratch off lottery. He was not the president of any business or country, he was not a financially wealthy man, and he never was in a newspaper for some heroic event. Nevertheless, he was an extra ordinary man. If one was to learn about who he was to his family and loved ones, he might appear to be an extra ordinary man. He was a loving husband for 53 years. This in itself makes him extra ordinary person to many people. In today’s world where the divorce rate is between 40 to 50%. To remain happily married for over 50 years is extra ordinary. To be committed to work through the ups and downs of a marriage and remain happily married to his death, made him and his wife, Pat, extra ordinary people. After both of his daughters divorced, he continued to have positive and friendly relationships with his ex son-in-laws. Many father-in-laws may never get along with their son/daughter in laws, even when the same remain married to their child. To still have the ability to keep a positive relationship with the ex in laws after a divorce is extraordinary. He taught his grandchildren how to ride a bike, swim, play games or some other childhood activity with full vigor and love. The tears that flowed at his funeral was evidence he was an extraordinary man to his family and loved ones. What makes me understand in my eyes that he was an extraordinary man was an event with one of my sons. I was up late, around midnight, and getting ready for Thanksgiving, when I heard one of my boys, Aaden, in his bed. I walked in to see what was going on; I realized he was crying. I thought he was not feeling well and asked him what was wrong. Aaden, who is 9, turned to me, with tears in his eyes and said “I miss Pap Pap.” At that point, I realized that Ed Wagner, who may never have been a president of any business or country, was not a financially wealthy man, never was in a newspaper for some heroic event, was an extraordinary man. Image courtesy of Unsplash.

It is so easy sometimes to talk about negative things, challenges, and hardships in our lives that we forget to count our blessings. Most of us have many blessings each day that we simply take for granted. Some of these include waking up, having a bed, having water, having something to eat, having clean clothes, having a toothbrush, and having somewhere to live. I have not yet even mentioned things like having a family, a car, or a job. And these are just our things! Many of us also have people to love and people who love us. We have parents, children, spouses, siblings, cousins, and friends. And most of all, we have God. How many times do we just stop and thank God for being there for us? So, the next time you are having a bad week, a bad day, or even just a bad moment, take a few minutes and grab a piece of paper. Start writing down your blessings. You just might be surprised at how they outnumber the challenges in your life. It will almost surely make you feel like things aren’t quite as bad as you thought they were. Sometimes we need to literally count our blessings and then, give thanks!

Once more, Thanksgiving is upon us. I always like to reflect at this time of year to make sure I am being truly grateful. Many times we take for granted what others do not have. I am grateful I still have my parents. Dad is 85 and mom is 83, and they are still getting around. Mom still exercises to Gilad’s Bodies in Motion. Dad putters around the yard finding things to get into or goes to the basement to paint. He’s very artistic. I have a number of his paintings on my walls. I am grateful for my children and grandchildren. They give me an untold amount of joy. The time I get to spend with them is more valuable than gold. They may not appreciate the time we spend together as I do, but once they are older, they will remember, and I hope, smile at the memories. Included in my other blessings, I won’t forget to be grateful for cleaning my house, because I am fortunate to have one. I don’t even mind cleaning the toilet because I have the blessing of indoor plumbing. Don’t take it for granted! When I was a very small child, we didn’t have indoor plumbing. We had an outhouse. Luckily for me I have two older sisters who went to the outhouse with me before going to bed. They took care of any lurking spiders so I didn’t have to worry about them. Do I have everything I want? Of course not. That’s why they are called wants. I have a family that I love, a running car, a warm home, food to eat, and clothes to wear. At the end of the day my wants can wait as long as my needs are met. I am truly blessed and grateful. Image courtesy of Unsplash.

Psalm 107 tells Israel’s story. God brought His people out of slavery and into land of their own. But even after entering the Promised Land, they still struggled. Some faced hardship. Some wandered in the wastelands, hungry and thirsty. Some found themselves in deadly peril.  But God heard their cries and delivered them from their distress. Again and again, the psalmist stops to give thanks: “Let them give thanks to the Lord for His unfailing love and His wonderous deeds for mankind.” It’s easy to give thanks for the material blessings in our lives--an unexpected gift from a friend, a bonus at work, a perfect vacation with loved ones. But have you stopped to give thanks for God’s presence in the midst of your struggles? Like the people of Israel, we face struggles, hardships, and losses in our daily lives. But God is only a prayer away! I was reminded of this in January when my dad passed away after a long battle with cancer. I’ll admit it: I had a hard time watching my dad go through chemo treatments, knowing that he was getting weaker day by day. But through it all, I felt God’s presence, and I experienced the peace and comfort that only He can bring. And so, like the psalmist, I remembered God’s unfailing love and I gave thanks. What about you? When Thanksgiving rolls around, will you look back and remember a time that God was with you when you were facing a struggle of your own? Did He give you peace? Or comfort? Or rescue? If so, then be sure to follow the psalmist’s example: Give Him Thanks! Image courtesy of Unsplash.

Thank you all veterans. Today; yesterday; tomorrow - every single day - you are our true heroes. You lay your lives on the line for the families of this beautiful country. You sacrifice for complete strangers to maintain the security of our homeland and for that we thank you. You could be like so many others and leave it up to someone else to take on this great responsibility, but you don't. You walk the walk. For that, we will never forget. We will never forget from years past, now, and in the future of our families. The things you have seen; the split decisions you have had to make to ensure our safety and protecting us. You go into the most horrific circumstances, you say goodbye to your own families knowing they have to share you with all of us, but you do this selflessly as we go about our everyday lives. You sacrifice so very much. We all salute you. We stand proud with you. Most of all, we thank you. Today is a day of recognition, and you are forever our heroes. If you've not served our country you cannot possibly have any idea what's in a day's work; but, I assure you we are grateful and we will never forget you. God Bless the USA and God Bless you! Image courtesy of Pixabay.

As Thanksgiving and Christmas approach, we start to partake in some of our favorite holiday traditions and festivities. One tradition that accompanies several holidays is that of the “food eating contest.” Although seeming harmless in nature, these contests can often turn deadly and can leave those who put on the contest in hot water. This is the case as it relates to the death of a 20 year old student at The Sacred Heart University in Fairfield, Connecticut. Specifically, the Washington Post and other news outlets have reported that the university is facing a lawsuit brought by 20-year-old student Caitlin Nelson’s family, after Ms. Nelson died after participating in a “pancake eating contest” to raise money for charity. What is known about this contest is that upon the competition beginning, Ms. Nelson, like the other participants, started to shovel as many pancakes into her mouth at once in order to be the first to finish the contest. However, a few minutes into the contest, Ms. Nelson began to shake uncontrollably and collapsed. It was found that because of the nature of the pancakes – which largely consist of flour and liquid, which then turns into a “thick glob of paste” when the pancakes come into contact with saliva or other liquids, that Ms. Nelson’s airway was essentially completely compacted causing her to choke to death. The family of Ms. Nelson in their lawsuit against the University made several allegations in regard to the liability of the University for this young woman’s death, among those being the following: 1.        There was an inherent risk of harm to amateur participants in speed eating contests; 2.        The use of pancakes in a food eating contest is particularly hazardous because of the food’s composition; 3.        The University failed to investigate the safety of the contest before approving the same; and 4.        The University did not have adequate and appropriate medical personnel at the contest to monitor the participants Although the end result of this lawsuit cannot yet be predicted, it is important to understand the risks associated with these types of contests whether you are a participant or a business or other type of entity allowing these contests to take place. As we head into the holiday season, make sure you are putting your safety first while partaking in your favorite holiday traditions.

With the busyness of life, I think we all forget to just take time for ourselves and our families to regroup, refocus, and appreciate so many little things in life that we take for granted every day. My daughter and I recently took a vacation and this vacation was different than our “usual” trips. It was centered on quietness, slowing down, relaxing, and enjoying God’s beautiful creation. It is amazing how quiet the world around you can be when you separate yourself. To quote from one of the pictures I saw: “Make time for the quiet moments as God whispers and the world is loud.” It is amazing what a few quiet moments can do. And when you open your eyes to the world around you, the view is breathtaking!

We all agree that our veterans deserve the best medical care possible. However, a recent article published by the USA Today illustrates how confusion caused by the massive bureaucracy at the VA can pose a direct threat to patient safety. As reported, the VA cancelled 250,000 orders for diagnostic tests, sometime without consulting the doctors who ordered the tests and sometime without even telling the patient that the test had been cancelled. Apparently, the VA recently realized that “more than 325,000 orders for scans of veteran patients had not been completed nationwide.” Although that problem is bad enough, the VA responded by simply cancelling 250,000 of those orders. The problem, however, is that the VA may not have followed appropriate procedures in cancelling these orders, resulting in a situation where necessary and potentially life-saving orders were “annihilated” along with duplicated or outdated orders. As the article reports, this resulted in a situation where VA employees “canceled thousands of radiology orders without checking first with doctors or patients.” The VA simply cannot allow its massive and confusing administrative system stand in the way of appropriate patient care. The VA must take whatever steps are necessary to ensure that our veterans receive the tests they need when they need them. A link to the full article is below: https://www.usatoday.com/story/news/politics/2018/10/01/va-hospitals-cancellations-diagnostic-exam-orders-draw-scrutiny/1424298002/ Image courtesy of Pixabay.

Flesh Detecting Technology for Use with Table Saws has Existed for Over 14 Years, However, Table Saw Manufacturers Continuously and Intentionally Resist Implementing This Available Technology to Prevent Injuries. More than 4,000 Americans suffer amputations, getting their hands mangled using what is by far the most dangerous woodworking tool: the table saw. That amounts to more than 10 amputations per day. The U.S. Consumer Product Safety Commission (CPSC) has indicated that more than 66,900 people received emergency room treatment related to table saw and bench-top related injuries at a cost of approximately $2.3 billion dollars. Stephen Gass and his company SawSafe have designed and manufactured a saw that could tell the difference between wood and human flesh. The technology is based on the fact that wood doesn’t conduct electricity, but humans, made up of mostly salt and water, are great conductors of electricity. The SawStop senses an electrical current in the hot dog. A hot dog with a slight nick after contact with the SawStop blade. In 2003, Gass first petitioned the CPSC to require the rest of the industry to make their saws safer, too. That call for greater safety went unanswered by the CPSC. In 2012, California attempted to enact a law which would require table saw manufacturers doing business in California to install flesh-detecting technology in table saw blades under 12 inches. The Table Saw Safety Act, AB 2218 would have required all new table saws manufactured for sale in California after January 1, 2015 to be equipped with a safety device that substantially reduces injury when human skin comes in contact with the saw blade. The bill passed the State Assembly by a 64-4 margin. Thereafter, the California State Senate Judiciary Committee voted 3-2 to allow the Table Saw Safety Act to go before a vote in the California Senate. Heavy opposition to the bill was brought by the table saw manufacturers, retailers such as Home Depot, Lowe’s, and Sears, and retail business organizations such as The California Chamber of Commerce, the California Manufacturers & Technology Association, the California Business Properties Association, and California Retailers Association. The bill which passed so easily in the Assembly died in the Senate and was never enacted. In 2017, Stephen Gass went back before the CPSC, which is supposed to be a consumer protection commission, to ask why nothing has happened in the last 14 years. CPSC has now recommended creating a mandatory standard requiring other table saw manufacturers to implement sensing technology that will stop its blades to prevent injuries. Others in the industry complain that adding the safety technology will add costs to the saws. However, as CPCS Commissioners in favor of the rule point out, the $200 price difference is dwarfed by the financial cost, and pain and harm caused by 30,000 ER visits and more than 4,000 amputations every year. CPSC’s analysis estimates the annual cost of table saw injuries at around $4 billion. Susan Young with the Industry Power Tool institute contends that the CPSC’s research is flawed and contends that the proposed rule needs even more study. While the government bureaucrats drag their feet, and lobbyists for the industry special interest groups apply pressure to politicians, at least one other table saw manufacturer, BOSCH, has now introduced its version of a flesh sensing blade in its REAXX Potable Jobsite Table Saw. In addition, several juries across the country have held table saw manufacturers liable for their failure to use this injury preventing technology. In 2009 a jury awarded a man who suffered severe, permanent finger injuries after using a table saw, was awarded $1.5 million in damages. More recently, in 2014, as a result of a lawsuit filed in Philadelphia a man received a $2 million settlement for injuries he suffered while using a table saw. Maybe, if the manufacturers and retailers are forced to pay enough money as a result of lawsuits filed by injured workers and do it yourselfers, they will stop fighting to prevent this injury avoiding technology, and make it a standard part of every table saw, just like seat belts and airbags have now become standard safety features in every vehicle manufactured and sold in America, regardless of the price of the vehicle. Images courtesy of SawStop.