Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

According to news reports, West Virginia is poised to become the first state in the nation to introduce mobile phone voting for the upcoming midterm elections. West Virginians serving overseas in the military will be the first people in the country to cast federal election ballots using a smartphone app. The move is intended to make voting easier for deployed troops but could have broader implications for the voting public at large. The voting app is called Voatz and was developed so that anyone using it must register by taking a picture of their government-issued identification, along with a selfie of their face and upload them via the app. Facial recognition software will match the photos and, once registered, voters can cast their ballot using the Voatz app. As one can imagine, security and integrity anxieties abound in this age of Facebook and Russian election interference. To try and alleviate these concerns, Voatz utilizes block chain technology to anonymize ballots and record them on a public digital ledger. Although block chain has most widely been associated with cryptocurrency, it has broader applications and can be used to make an immutable record of all manner of data. Voatz was used in a test run in two West Virginia counties during primary season without any adverse incidents or problems arising. Still, state officials will leave a final decision on using the Voatz app in November to each West Virginia county. For now, Voatz will be limited to troops serving abroad, but it appears to be a harbinger of things to come and hopefully yields positive developments towards increasing voter turnout as a whole. The program is being administered through the office of the West Virginia Secretary of State.  For more information about this program, check out the Secretary of State Website at this link or contact that office for more information. *Image courtesy of Unsplash/Pixabay

Does Iceland sound like a vacation destiny for you? By the name, I would say no. It would not be my first choice. However, you may want to rethink that. In April, my husband spent nearly a week there. Tom wants to go back, preferably, in the summer months. However, I am not so sure the summer months are any different in climate and temperature than in April. At that time, it was in the low 40s for the most part. The Gulf Stream warms Iceland’s temperature and the average winter temperature is comparable to New York City. I have from time to time used the weather app on my phone to keep up on the temperature and it hasn’t varied much from high 40s to low 50s since then. As I write this, it is mid-July and the highest temperature this week is 57 and only a few days with sun and it rains a lot. The days are long this time of year—the longest being in June when there are only three to four hours of darkness. Today (mid-July) the sun rises at 3:47am and sets at 11:29pm. But Iceland is an absolutely beautiful island country and should be on your bucket list. If you are interested here is a little snippet of their history. Iceland was first inhabited by Irish monks in early 9 th century and then shortly thereafter the Vikings arrived in 874 making this a permanent settlement and called it Snow Land. The world’s first parliament was established here in 930. It has been said that Leif Erickson may have led the first European voyage to Iceland and even Christopher Columbus may have visited on a trading mission in the 15 th century. Iceland is on two Continents: North America and Europe but is considered to be part of Europe. It is surrounded by the North Atlantic Ocean, Greenland Sea and the Norwegian Sea—due West is Greenland and due East is Norway, Sweden and Finland. Fast forward many years (late 1700’s), the Laki Volcano erupted resulting in a 1/5 th of Iceland’s population being wiped out and half of the livestock died. It took two decades to recover. Britain invaded in 1940—where didn’t they invade? However, Iceland remained neutral. Even though Iceland was settled in the 9 th century, the island country did not become independent until 1944. There was Prohibition most of the 1900’s in which beer was banned until March 1, 1989. This day is celebrated annually as Beer Day. My husband and his friends caught up on that celebration in April. Today Iceland has a very small population of just over 300,000 with two thirds of everyone living in Reykjavik. Geothermal power is primary source of home and industrial energy. Currency is the krona. Icelanders are an odd sort and are pretty quirky. People are called by their first names only—with no titles and no surnames or family names. This is called patronymic or matronymic which is composed of father’s or mother’s first name and a suffix if a son or a daughter, such as:   Gunnarsdottir, Jonsdottir, Jonsson, Gunnarsson, Einarsson. And women do not change their last name when married. They speak on the in breath. They have barbeques all year round in all types of weather and I read where the food is coated in sauce on everything. And more than 50 percent of the population believe in elves and trolls. Other interesting things to mention, Iceland (per capita) publishes the most books and giving books is very common. Iceland ranks (per capita) the Best Country in the World, have the most beautiful women, the strongest men and the most Noble Prize winners per capita—1 out of 300,000. Thursdays there was no TV from 1966 to 1987 to promote human interaction and the whole month of July (for vacation) there were no broadcasts until 1983. That does not sound like such a bad thing. I also read where people drink more Coke there than anywhere else. Cars are parked everywhere. When traveling, do not leave the track or road that you are on. It is illegal to travel across lava, moss and snow and black sands. This can result in a hefty fine. It is also illegal to pick up rocks for souvenirs. Nudity is normal in Iceland. Sometimes you may have to shower naked (in public) to enter a pool (which is not chlorinated), the hot springs or the sea. I strongly suggested to my husband that he find hot springs that did not heed this rule. What you will see in Iceland are the most striking landscapes. There are volcanoes, geysers, hot springs, snow, glaciers, ice caves, waterfalls, geothermal spas and the northern lights. The Aurora Borealis can be seen from mid-September to mid-April. There are wild horses everywhere. It goes without saying that hiking and horseback riding are very popular. The whales are a sight to see in the summer months. But no mosquitos—yay. If you decide Iceland is worth seeing, travel time is a 6-hour trip (give or take) with an airline (that I have never heard of) out of Pittsburgh which is not terribly expensive surprisingly. The people are the friendliest you will find anywhere. It is expensive in some respects to eat and drink there. You can pay $30 for a small pizza and $12 for beer. Tom and his buddies were able to find a watering hole that only charged $8 for a beer. I will tell you reindeer is not at all appetizing. Tom loves venison so he was up for trying the reindeer but he was only able to take one bite. So now he knows reindeer meat is not the same as our white tailed deer that are plentiful in our neck of the woods. Reykjavik means smoke bay and the crime rate is low there. Hallgrímskirkja Church in Reykjavík is worth seeing, as are the museums that are full of Viking history. Besides Reykjavik and the usual hotels there, you have to do some traveling and stay in a bed and breakfast along the route. See the waterfalls, immerse in the hot springs, walk on the coast and see the ice that seems to be just floating and is astoundingly beautiful. Gullfoss Waterfall is a popular tourist attraction some distance from Reykjavik. Tom and his buddies visited Glazier Bay and watched seals devour fish. They also visited Westman Islands, climbed a 1000 foot peak, observed numerous waterfalls and glaciers and walked on volcanic black sand beaches. Iceland receives over 2,000,000 travelers each year. That sounds sort of overwhelming to a population of 300,000 but tourism is a large part of the economy there. And if you go, do remember your cell phone service’s international roaming charges. My husband racked up $100 very quickly by sending a couple texts and some pictures. And be mindful of your carry-on luggage-sized bag. There is no wiggle room. The currency is the krona and the exchange rate is about one to one in dollars. Tom found that it was best to use a debit card or credit card. Our bank charged a very nominal fee for each transaction. He also had to upgrade from his passport (card) to a passport (book). If you’re up for adventure (and you do not have to be laying on a hot beach somewhere) do visit Iceland. Everyone speaks English. You will be welcomed with open arms.

Someone recently asked me what my profession was and when I responded with “attorney” they immediately asked – well how long did it take you to become an attorney? What did you have to do for that? It then dawned on me that the process to becoming an attorney is often overlooked by many. While attending law school is clearly one of the requirements, there are a number of other steps along the way of reaching the goal of becoming a lawyer. These steps often begin as early as high school or even one’s first year of college. Although there is no set major or minor an individual looking to become an attorney must obtain before law school, a college student’s grades are important if they have any inkling towards potentially attending law school as GPA is among the main considerations factored in during a review of a law school application. Also, because law school is geared towards reading, research and writing, it doesn’t hurt to have a major that focuses on these skills as well. Moreover, there are pre-law courses and pre-law groups that college students can and should utilize to help them not only understand the application process for applying to law school, but also, to help them understand what additional requirements there are for becoming an attorney once law school is completed. In addition to maintaining a solid GPA and putting research into the law school application process, students must also take the LSAT or in other words the Law School Admissions Test. The LSAT tests students on their analytical and critical reasoning skills as well as their research and writing skills. Students are then given an LSAT score which is another huge element of the law school application and therefore it’s important to take the time to prep for the LSAT either on your own or through a prep course. The LSAT is only the beginning to the law school journey. Individuals then must research the various law schools around the country and start the application process which can take time to complete. Once accepted to law school, there are a number of certain courses that are required of students and specific courses in which a certain grade level must be achieved in order for the student to move on with their studies. Law school typically lasts three years; however, schools are now implementing rapid degree programs where you can obtain your degree in two years. Although many think graduating law school is the end of the process; there’s one more step on this path which is often thought to be the hardest and most challenging step along the way – taking the bar exam. Although each state has its own set of requirements, for the most part, to be admitted to practice law, you must have passed a bar exam. The bar exam is a two-three day test that quizzes you on a variety of legal topics as well as your legal writing skills. Students often study for this exam for months at a time and take prep courses to prepare for the same. In addition to the bar exam, there is a character and ethics part of the process to becoming admitted to practice law which an individual also must pass to be admitted to a bar association. After successfully completing a bar exam and being admitted to practice law, attorneys must stay current with their continuing legal education credits in order to stay active within their respective bar associations. In sum, although everyone’s path to becoming an attorney is different, this blog should give you some insight into the hard work that your lawyer has put in over the years! *Image courtesy of Unsplash/Pixabay

In my lifetime, I’ve seen many new technologies that were meant to save us time. I remember how awesome it was to watch my mom heat up a meal in our new microwave oven. I remember saving my money so I could get rid of my slide rule and buy my first calculator. I’ve been an eyewitness to computers, smart phones, and the explosion of the internet. All of these innovations have made it faster and easier to get through our daily routine. But these time-saving technologies come with a price tag. We always seem to be in a hurry. Don’t get me wrong. I’m not pointing fingers. Goodness knows I’m as guilty as the next guy. But stop and think about it. As a generation, we consume a steady diet of 30-second sound bites and short, snappy posts on social media. We don’t have time for anything more. If we can’t compress what we have to say into 140 characters, why bother? This kind of hurry-up mentality has caused us to lose something important along the way. It may sound strange, but we’ve lost the art of letter writing. And believe it or not, that’s a big deal. Like us, earlier generations longed to communicate. Years ago, you see, writing letters was the only practical way of sending a message from person to person. But the pace of life was slower then. Writing a letter wasn’t done in a rush. It took time. It was slow and methodical, sometimes tedious. And unlike twitter or Facebook, a letter was usually written with one specific reader in mind. This freed up the writer to be honest and vulnerable. We don’t see the kind of shallowness that’s so common on social media today. There was a bond of trust, meaning that the writer was willing to share real hurts, real struggles, real hopes and dreams. If you’re lucky enough to lay your hands on a whole series of letters, you actually feel like a part of the conversation. In all honesty, I’ve never really thought much about letter writing. I’m not much of a writer myself. But not long ago, as I went through my dad’s belongings, I discovered a box filled with old family letters. As I read through them, I found myself drawn into their lives and getting to know them more deeply. Hearing them tell their stories in their own words was truly eye opening for me. Here, I realized, was a treasure of the rarest kind. Join me in my next blog as I unpack some of these letters. *Image courtesy of Unsplash/Pixabay

Most people are familiar with the idea that large trucks, commonly referred to as 18-wheelers or commercial motor vehicles (“CMVs”), are regulated by the Federal Motor Carrier Safety Administration (“FMCSA”) and require the driver to possess a commercial driver’s license (CDL). What many people don’t know is that there are many vehicles on the roadway which qualify as CMVs which do not require the operator to have a CDL. While the driver may not need to have a CDL to operate these CMVs, the companies that own the CMVs are still required to comply with many of the Federal Motor Carrier Safety Regulations (FMCSRs) issued by the FMCSA. The FMCSRs are essentially safety rules that are intended to keep the motoring public safe and are designed to prevent accidents and deaths caused by CMVs. The FMCSRs contain two separate and distinct definitions of what constitutes a commercial motor vehicle. Depending on which definition applies to the vehicle involved in your crash will determine which of the FMCSRs may be applicable to you. The first definition of a CMV is found in 49 CFR section 390.5 which states that a CMV is any self-propelled or towed motor vehicle which has a gross vehicle weight or gross combination weight, of 10,001 pounds or more. A second definition of what constitutes a CMV is found in 49 CFR section 383.5, which establishes the requirements for obtaining a CDL. 49 CFR section 383.5 defines a CMV as a motor vehicle or combination of motor vehicles having a gross combination weight rating of 26,001 or more pounds, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds. This second definition covers 18 wheelers and requires the driver to maintain a CDL. The first definition, however, covers business vehicles, that either alone or in combination with a trailer, weighs more than 10,001 pounds. For example, a standard full-sized pickup truck, has a gross vehicle weight rating of between 6,000 and 10,000 pounds. Add a landscape trailer to the back and that full-sized pickup now meets the definition of a CMV, even though the driver does not need to have a CDL to operate that CMV. A second example of these lesser CMVs would be an armored car you might see delivering money to a bank or grocery store, which are specifically designed and built to weigh less that the 26,001 weight-limit, so that the companies that purchase those vehicles don’t have to hire professional CDL drivers. The significance of knowing and understanding this other definition of CMVs is that while the driver may not need to have a CDL, the company that owns and operates that CMV is still required to comply with many of the provisions of the FMCSA. This knowledge can have a significant impact on your personal injury claim should you be involved in a collision with one of these types of CMVs. For example, an employer must still ensure that a driver is properly qualified to operate a CMV, even if the driver doesn’t need to have a CDL (49 CFR Section 391.11). An employer must maintain a “Driver Qualification File (49 CFR Section 391.49), which contains specific documentation related to a driver’s qualification. The FMCSRs require an employer to investigate the driving record of a driver it employs to operate a CMV every 12 months. (49 CFR Sections 391.25 and 391.27). It also requires an employer to conduct a road test before allowing a driver to operate the company’s CMV (49 CFR Section 391.31). Often, the companies that place these vehicles which qualify as CMVs weighing less than 26,001lbs. on the road either don’t know that they are subject to the FMCSRs or purposely ignore them hoping that the officers investigating the accidents involving them, or the attorneys representing people injured by them, won’t be familiar with this alternative definition of what a CMV is and what obligations that imposes on the employer/owner of the CMV. So, the next time you’re involved in a collision with some type of truck, don’t automatically assume that if the collision didn’t involve an 18-wheeler that the FMCSRs aren’t applicable to your claim. Accidents involving CMVs should not be handled the same as ordinary motor vehicle crashes. The investigation into, and the handling of, a claim involving a CMV requires any attorney knowledgeable in and familiar with the FMCSRs. *Image courtesy of Unsplash/Pixabay

As we move into August, and closer to the end of summer and start of the school year, we want to thank some of the people who help to make summer safe, special, and memorable for everyone. A big thanks to instructors, coaches, and those who officiate tennis, golf, softball, baseball, swim team, and other summertime recreational sports for giving kids the opportunity to learn and improve on physical activities and for instilling in them an appreciation for teamwork and healthy competition. These are skills that benefit children in more than just a game or match, and these summer sports help keep kids healthy and active while they are out of school. Similarly, those who work at summer camps of all kinds can be thanked for keeping kids watched over and safe while parents go to work, and for helping kids learn new hobbies, make new friends, and have fun during summer months. Many older teenagers and adults who serve in these roles are giving up some of their own free time to do so, often for little or no pay, and their participation is greatly appreciated. Thank you to lifeguards and others who help keep families safe while they enjoy their favorite outdoor activities. Police officers, firemen, and community officials are especially to be thanked for the extra time and service they often provide to help organize and patrol community events such as farmers’ markets, parades, fairs, and carnivals. These individuals perform services that range from helping lost children reunite with parents, to preventing and stopping real violence, and all of these roles are important in bringing communities together for special summertime events and ensuring the safety of all who attend. Those responsible for planning and organizing such events are also to be thanked. Many spend the majority of the year planning and coordinating an event that may only be a few days long so that everyone who attends can have a great time. A thank you is also owed to teachers and others who work to make summer school or summertime tutoring and other assistance possible for children who need it, so that they can continue to progress as needed and prepare for the next school year. This is an often overlooked summertime role, but one that is very important to many. No matter what your contribution to the season, we are grateful to those who dedicate themselves in some way to make sure that we all, and especially children, have the enjoyable, safe summer that is looked forward to and deserved! *Image courtesy of Unsplash/Pixabay

Arbitration Agreements Can Be Bad News for Employees – What You Need to Know In my work representing injured workers, I am increasingly seeing a disturbing pattern of employers having employees sign arbitration agreements. If you have signed an employment contract in the past 15 years, chances are you have also signed away your rights to sue your employer if you get fired for bad reasons, have been discriminated against at work or have been seriously injured on the job. But more and more I am encountering these same agreements for at-will employees of all types. Arbitration generally means that your lawsuit will not be heard by a court or a jury of your peers. Instead, your lawsuit will be decided by a third party, or sometimes a three-person panel, called an arbitrator. If you signed an arbitration agreement, the decision of the arbitrator is generally binding on both you and your employer. Over the past couple decades, employers and companies have pushed more and more for arbitration in a variety of circumstances including consumer contracts, nursing home admissions and more recently employment. The reason for this is two-fold. For one, there is typically no appeal process in arbitration.  Once the arbitrator decides, that’s it. But the bigger reason that the employers and/or companies favor arbitration is that most often the arbitrators have a pro-business leaning and companies tend to fare much better against litigants in arbitration. For people seriously injured at work, arbitration could potentially cost you millions of dollars in deserving compensation. As mentioned, it has almost become common practice for some employers to include employment arbitration agreements inside of standard employment forms and documents. Because of this, many employees often sign these agreements without realizing the ramifications. Employees often do not know that they have signed away their rights to bring a lawsuit, because the employment arbitration agreement was included as a clause within an employment contract, or in an employee handbook. That’s why it is critical to read through all the clauses in an employment contract before you sign it. If you get a document that says you have read and understand everything contained in an employee handbook, be sure to read and understand everything before singing. You can also ask your new employer if any of the documents you are signing contain an employment arbitration agreement. If faced with an arbitration agreement,  you will have to decide whether you are willing to sign away your rights. Keep in mind that your employer may rescind your job offer if you refuse to sign the arbitration agreement. Even at-will employees can potentially be fired for refusing to sign. But consider your bargaining power as well. If a certain employer has been courting you for months, they may be willing to give up or modify the scope of the arbitration agreement. If you feel concerned about an overly-broad or restrictive arbitration agreement, you may want to speak with an experienced attorney before attempting to negotiate. *Image courtesy of Unsplash/Pixabay

Having recently traveled outside of the country for my honeymoon, I found myself thinking about the various procedures and processes one has to engage in in order to make it to their foreign destination. Not only must you be aware of what appropriate documentation you need to fly to and from your destination, you also have to become somewhat familiar with the basics regardingyour destination city or country. Based on my recent trip, I have a few tips for your summer travel. First, before your scheduled departure date it’s important to do some elementary research on your chosen airline. How far in advance do you need to be at the airport? Are there any rules regarding how many checked bags and/or carry-on bags you can take with you? What can, or can’t you bring with you in a carry-on? Second, make sure to take a look at your boarding pass. If you have “SSSS” on your boarding pass you’ll need to plan ahead for additional time to get to your gate because this term which will be highlighted on your pass means that you have been selected for additional security screening which can include anything from a full pat-down to an x-ray of any and all electronics you may have with you. Although most people dread seeing the “SSSS” on their pass it can be a relatively harmless security procedure although it does add time on to the security process. Third, make sure to check that your departure gate has not changed. This recently happened to my husband and I when we were at the airport in the Bahamas. We made it to the airport early so that we could timely get through customs and to our gate. However, after about an hour of sitting at our gate, we looked up at the screen to notice that the destination city listed had changed and was clearly not going where we were scheduled to go. Luckily, we had enough time to get to our new departure gate; but it was a reminder to always check to make sure you are still where you need to be. Lastly, although this is likely common sense for you regular travelers, before you depart for another country you should do some research on the language spoken at your destination, the form of currency used, as well as how will you be able to communicate with those at home (if that’s in your plan!) while you are away. Having this knowledge will provide you with some peace of mind and will ensure that you are prepared for what comes your way upon arrival. Happy travels!

I’ve been watching a lot of documentaries lately either on Netflix or Amazon Prime. So many interesting and life-learning documentaries are out there. You can find a documentary on many, many subjects. Take, for instance, “Finders Keepers.” This is about a man that keeps his amputated leg, stores it in a grill in his storage unit and then doesn’t continue paying for the storage unit. The contents go up for sale and someone ends up with the amputated leg because the individual bought the grill. It’s a crazy story – but true! My favorites are the documentaries about true crimes. True crime stories are my favorite books also. “The Evil Genius” was a good one. It is about the Pizza Bomber that took place in Erie, Pennsylvania. The event happened in 2003 and was national news – how did I never hear of it before? Last week I watched one titled “Iris” about a 93-year-old fashionista and how she spent her entire life buying clothes and jewelry. No crime involved in this one unless you think about all of the money that had to have been spent on her wardrobe! If it’s one of those evenings where you just can’t seem to find anything interesting to watch on TV, check out a documentary. You’ll be glad you did.

Sadly, like many other states, Pennsylvania has experienced an alarming rise in drug overdose deaths, and its overdose death rate is more than twice the national average. In fact, more deaths now occur as a result of overdosing on prescription opioids than from all other drug overdoses combined, including heroin and cocaine. “The Office of the Attorney General arrests on average more than four drug dealers a day," Attorney General Josh Shapiro said in a statement. "Our arrests of medical personnel and others for illegally diverting prescription drugs are up 72 percent. Our national investigation with 41 attorneys general of the pharmaceutical industry and the opioid painkillers fueling this epidemic is ongoing and active." The opioid epidemic is tied closely to another epidemic in our country, that of chronic pain—although the ties are very complex. Opioid prescribing for chronic nonterminal pain has increased in recent years, although evidence for its long-term effectiveness is weak and its potential for harm is significant. The Agency for Healthcare Research and Quality reviewed studies on the effectiveness and risks of long-term opioid treatment of chronic pain. The results are eye-opening: No randomized trials or comparative observational studies meeting the reviewers’ criteria were found that addressed opioids’ effectiveness for chronic pain or comparing their effectiveness to other treatments, making it impossible to know whether long-term treatment with opioids adequately addresses patients’ symptoms or improves their functioning or quality of life. At best there was weak evidence regarding optimal dosing strategies with these medications. According to Governor Wolf’s administration, “proper treatment of chronic pain includes an interdisciplinary and multi-model approach that is tailored to help the patient control pain and relieve suffering.” Specific treatment options should be based on best evidence whenever possible. People who experience chronic pain should know and have discussions with their physicians and family concerning alternatives to opioid therapies. For instance, there are non-opioid medications such as acetaminophen, non-steroidal anti-inflammatory medications, anti-seizure medications, and local anesthetics. In addition, there is growing interest in the use of cannabinoids for the treatment of a variety of chronic pain conditions. Cognitive-behavioral therapy and mindfulness- based therapy can provide improved symptom control, physical functioning, adaptive coping and self-efficacy. Moreover, treatment of comorbid depression and anxiety can improve biopsychosocial functioning. Physical therapy, including aquatic therapy, and massage therapy can be a critical component in improving pain control and physical functioning in most patients. Even supportive modalities such as yoga and Tai Chi may be very effective in improving pain and physical functioning in some patients. Interventional therapy, such as epidural steroid injections, radiofrequency procedures and spinal cord stimulation, can also provide effective pain relief in patients experiencing specific pain disorders. Pennsylvania has established 11 prescribing guidelines for health care providers including: Worker’s Compensation Prescribing Guidelines; Treating Chronic Non-Cancer Pain; Emergency Department Pain Treatment Guidelines; Opioids in Dental Practice; Opioid Dispensing Guidelines; Obstetrics and Gynecology Opioid Prescribing Guidelines; Geriatric Pain; Use of Addiction Treatment Medications in the Treatment of Pregnant Patients with Opioid-Use Disorder; Safe Prescribing Benzodiazepines for Acute Treatment of Anxiety and Insomnia; Safe Prescribing Guidelines for Orthopedics and Sports Medicine; and Safe Prescribing of Opioids in Pediatric and Adolescent Populations. The following guidelines address the use of opioid pain medication for chronic noncancer pain. They are intended to help healthcare providers improve patient outcomes and to supplement, but not replace, the individual provider’s clinical judgment. 1. Before initiating chronic opioid therapy, clinicians should conduct and document a history that includes a detailed review of the patient's pain experience, including assessment for co-existing: depression, anxiety disorders and sleep disorders; past and current substance use disorder, as well as risk assessment for development of aberrant drug-related behavior following chronic opioid administration. Evaluation should include assessment for conditions that increase the risk of harm from chronic opioid administration, including sleep-disordered breathing, pulmonary disease, and concurrent use of centrally-acting sedating medications. 2. Appropriate testing to confirm the underlying diagnosis should be completed before starting chronic opioid therapy. 3. A urine drug screen should be obtained and reviewed before initiating chronic opioid therapy. In addition, Pennsylvania state law requires clinicians to obtain and review a report from the Prescription Drug Monitoring Program (PDMP) before prescribing all controlled substances. Care should be taken to obtain PDMP data from all relevant states, which usually can be accomplished through the Pennsylvania PDMP program. 4. Medical records from past health care, including the results of relevant laboratory and radiological studies, should be obtained and reviewed, as they often are a valuable source of information regarding past care, including response to medications, specifically opioids. 5. The initial patient evaluation should include documentation of a diagnosis, treatment plan and goals of therapy. Goals of therapy should be specific and measurable, and should be integrated into ongoing patient monitoring throughout treatment. To view the Guidelines for Initiation, Continuation and Discontinuance of Opioid Therapy, click here. While not specifically referenced in above referenced guidelines, health care professionals should consider encouraging patients with chronic pain being managed by opioids to include their family members in their treatment plans, as valuable information can be gleaned from these sources that may improve the treatment plan, and therapeutic outcomes. For more information on the above topics, check out these links: https://www.drugabuse.gov/about-nida/noras-blog/2014/09/opioids-chronic-pain-gap-in-our-knowledge http://6abc.com/health/gov-wolf-declares-a-disaster-emergency-over-opioid-crisis/2924563/ https://www.pilot.health.pa.gov/topics/Documents/Opioids/Non-cancer%20Pain%20Guidelines%20Final.pdf

Every year dogs are left in cars with the window rolled down just a little bit in the hot and humid weather. This was the case over the weekend at the Highlands in Wheeling, WV. The person was form out of town and stated that they do it all the time where they’re from. Well you don’t do it here. I thank God that the Ohio County Sheriff Office and our very own Doug The Dog Warden were there in record time, I asked them if I could have five minutes alone with this person, but the dog wardens’ wife said when they got to the car that she was asked to please stay in the truck. I know that she and I were thinking the same exact thing. I can’t preach this enough, DO NOT leave your four-legged or your two-legged children in the car even for a few minutes in this hot and humid weather, this is a life or death situation for them. Please check the back seat to make sure you haven’t forgotten your child in their car seats if you don’t hear them, they are more than likely are sleeping. Do a double check if you have children that you take to a sitter or any type of day care especially this time of year. Write yourself a note if need be if you normally don’t take your child and you must do it on that day. Please if you have an outside animal make sure they have shaded area where they can get to, so they can get out of the hot sun and they also need access to plenty of clean cool water to drink. Dogs can have heat stroke just like you and me. Be mindful of your pets and if you see a dog who has been left in a car call your local authorities to handle the situation. I’ve called before and trust me they are right on it to get the dog out and to make sure they are safe and if they need to get them to a vet. We in Ohio County are blessed to have a fantastic dog warden and Sheriff’s Department who take every call very seriously in the situation of a dog being left in a hot car. If you think you can do this and get away with it here in Ohio County, you’re dead wrong, you will be charged with animal cruelty and if I had my way your name would be on the front page of the newspaper, and you would never be allowed to have another dog the rest of your life. Adopt don’t shop and dog fighting is not a sport it is abuse and needs to be reported to the local authorities. Bark on Bordas Dog Nation Bark on.

I’m sure that by now, most folks who are reading this column have seen the video of the latest “stand your ground” shooting that occurred in Florida. That video serves to confirm a fear I have expressed to many of my friends since our state passed its “constitutional carry” law a few years ago. Let me get a few things out of the way from the outset. First, I am an outdoorsman. I fish, I hunt, and I own guns. In fact, I own lots of guns. Handguns, rifles, shotguns, muzzleloaders, you name it. I also have a permit to carry a concealed weapon that I have held for over 25 years. I very rarely actually carry a handgun with me, but I have done so on rare occasions in the past. When WV passed its “constitutional carry” law in 2016, I was worried about the effect of having more guns out among the public, particularly in the hands of people who were not necessarily trained in their safe and proper use. I specifically recall a conversation I had with one of my buddies, telling him I could foresee someone being shot in the parking lot at Wal-Mart in a dispute over a parking space. Fast forward now to July 2019 in Florida. From all news accounts, a 47-year-old man named Michael Drejka became upset over the fact that a lady had illegally parked her car in a handicapped parking space outside a convenience store while her boyfriend had gone inside. Drejka approached and chastised the woman, telling her she should move the car. Reports also had him using foul language directed at the lady. A customer who had overheard the conversation went into the store and reported what was happening, and the boyfriend, Markeis McGlockton, went out to investigate. McGlockton approached Drejka and shoved him to the ground, quite violently. Drejka then sat up and pulled out a pistol that he had a license to carry. Even before the pistol was brandished, McGlockton had taken no further steps toward Drejka. He didn’t pounce on him, kick him, or stand over him in a threatening fashion. He just stood there, and when Drejka pulled the pistol, McGlockton took a step or two backward. Drejka took aim and fired once, striking McGlockton in the chest. He stumbled into the store, fell to the ground and died. I don’t want anyone to misunderstand what I am suggesting here. First, the young woman had no business parking in a handicapped spot. People who do that deserve to be fined, and heavily so. Second, Mr. McGlockton was guilty of a crime (battery) when he forcefully shoved Drejka to the ground. At that point the police should have been called, and McGlockton should have been arrested, charged and prosecuted. What cannot be reasonably argued, however, is that McGlockton did not deserve to die when he shoved Drejka to the ground. Drejka overreacted, and because he had a firearm on his person when he did, three children will grow up without a father. I support the Second Amendment. I’m fine with handguns, and I’m fine with concealed carry permits. My fear has always been that the easier we make it for people to carry a gun, the more likely it is that we will have people being killed in situations where the use of deadly force is completely unjustified. The right to carry a firearm necessarily includes the duty to do so responsibly. Michael Drejka should be prosecuted. If he is not, we are going to see more situations that used to be little more than shouting matches escalate into gunfire and death. We can’t allow that to happen.