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Articles Tagged with KJC Law Firm

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This is a U.S. Supreme Court that concerns whether claimants who were denied Social Security disability benefits by the Social Security Administration (SSA) lose the opportunity to challenge the appointment of SSA administrative law judges (ALJs) in if they cannot present appointment clause challenges during proceedings for agency. The Supreme Court of the United States plans to hear the case in the October 2020-2021 term. The case came on a writ of certiorari to the United States Court of Appeals for the Tenth Circuit. It is also consolidates with the Davis v. Saul case.

Highlights

The case consists of Willie Carr was denied Social Security disability benefits and lost his appeals before the Social Security Administration (SSA). The U.S. Supreme Court decided Lucia v. SEC, while his appeal in federal court was pending, in which the court held that SEC ALJs were appointed improperly. Carr added an argument to his appeal in court that the SSA ALJ who decided benefits case was appointed improperly. A district court ruled in Carr’s favor, but the district court was reversed by the 10 circuit. The 10th Circuit argued that Carr had to have made his Appointments Clause challenge during proceedings at the SSA and could not raise the issue for the initial instance at the federal court.

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Introduction

This case is scheduled for argument before the United States Supreme Court during the October 2020-2021 term. It came on a writ of certiorari to the California First District Court of Appeal. Lange v. California concerns violation against the Fourth Amendment of the United States Constitution. The Fourth Amendment protects citizens from unreasonable searched or seizures from the U.S. Government. However, it does not entirely guarantee protection against all searches and seizures. The U.S. government can search unreasonable persons under the law.

The Case

Flight Poisoning

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Due to the negligence of airline manufacturers, thousands of pilots, flight attendants, and even passengers around the world have been poisoned by toxic cabin air, often causing permanent and catastrophic illness and injuries known as Aerotoxic Syndrome.  This article will explain the basics you need to know if you are among the 30% of all flyers who have been poisoned by toxic cabin air.

  • What Is Aerotoxic Syndrome?

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Meet Jacki Ryan!

Jacki Ryan began her journey at KJC Law Firm when the firm opened in 2010. She is an essential member of the team, having more than 10 years of experience in customer service and administration. Jacki in in charge of daily administration for the firm, including monitoring the process of each case, scheduling events, and making sure that client questions and concerns are answered or addressed in a timely manner. Jacki is a quick and avid learner. She has rapidly adapted many business skills which strongly attribute to the environment at KJC Law Firm.

Jacki moved to the Worchester area in Massachusetts with her husband in 2009 after living in Champaign, Illinois for 14 years. In Illinois she was involved with customer service and a warranty administrator specializing in helping clients with warranty claims. She has been married for almost 20 years and is a loving mother of two daughters ages 9 and 12. In Jacki’s free time she loves to be around her girls, read, get dinner or a drink with friends, and was a former softball player. In the midst of the pandemic, Jacki is an extremely hard working parent who is balancing work and managing her daughter’s online schooling.

When another person is killed because of another person’s negligence or misconduct it is called wrongful death. Wrongful death is a separate civil action and different from any criminal charges even though there may still be criminal prosecution related to the death of the person. The standard of proof is lower in this case than it would be for a case of murder or manslaughter.

Some instances of wrongful death lawsuit include motor vehicle accidents, toxic torts, criminal activity, manufacturing defects, and medical malpractice. Wrongful death statues are different depending on the state. Each state has its own criteria and procedure for wrongful death lawsuits. There are certain agencies in special cases that have government immunity from the prosecution of wrongful death lawsuits.

A lawsuit may be filed from a representative on behalf of the decedent’s death. The representative depending on the state is on the behalf of the eligible survivors who experienced harm from the incident. The eligibility of family members depends on your state and the survivors are called “real parties of interest.” In order to sue the negligent party, spouses, children, and parents of children who are not married can act as a representatives. Depending on the state, other people like spouses or financial dependents can recover damages. In addition, other states may allow siblings and grandparents to make a claim.

By KJC Law Firm

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Workers’ Compensation Law

In Massachusetts, all businesses must carry workers’ comp insurance for all employees. This includes owners who are considered employees, no matter how many hours are worked per week. Also the Massachusetts workers’ compensation system insists that employees who are in domestic service must be covered if they work more than 16 hours per week.

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Workers’ Compensation or workers’ comp is available to all employees who either become injured or ill at work. However, depending on your state or occupation; you may not be. A common myth is that all employees across the United States are covered. This applies to many but not everyone.

Are all employees covered?

The Federal Employment Compensation Act (FECA) provides all non-military and federal employees with workers’ compensation. Workers who are employed by either private companies, states, or local governments should contact their state’s workers’ compensation board for details on who is covered in their business. Some states do not cover occupations such as independent contractors, domestic employees, agricultural employees, or seasonal employees in the workers’ compensation system. Additionally, some states require coverage only if there are a certain amount of employees hired. To avoid dealing with claims against your company, contact a serious workers’ compensation attorney in your regional area.

We are thrilled to welcome Attorney Jamie Goodwin to the KJC Team.  

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Attorney Jamie Goodwin concentrates on legal matters arising out of his client’s ability or inability to work.  He has represented employees and labor organizations up and down the I-95 corridor.  Although he has represented Employers, his passion is representing individuals and the entities that represent them. His practice primarily focuses on workers’ compensation, labor & employment, social security disability, and public sector disability retirements.  Jamie diligently represents his clients from the first consultation to the Courthouse and will continue to do so as a member of the KJC team. 

Attorney Goodwin is admitted to practice in the Commonwealth of Massachusetts and the State of Florida.  Jamie received his undergraduate degree at the University of Massachusetts Amherst (2005) and sought his Juris Doctor degree at Northeastern University’s School of Law (2008). He is admitted to practice in the Commonwealth of Massachusetts (2008), the U.S. District Court for the District of Massachusetts (2011), and the State of Florida (2015). 

What is Workers Compensation Insurance? 

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In any business, employees can get hurt. Thankfully, workers compensation insurance, also known as workers comp can give benefits to employees who suffer from a worker-related injury or illness. There are many beneficial ways in which workers comp can protect your business and employees. Worker’s comp will help cover missed wages, medical expenses, vocational rehabilitation, or in extreme cases death benefits.  

Each state has its own workers’ compensation program. This means that laws for workers comp can be different depending on the location of your business. Under the Massachusetts workers’ compensation system, the Massachusetts General Laws require employers to provide workers’ compensation (WC) insurance coverage for all of their employees. This insurance pays for necessary and reasonable medical treatment related to illness or injury while also covering partial compensation for lost wages after the first 5 calendar days of total or partial disability.  

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