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Stephen Patrick Moschetta

Stephen Moschetta’s Answers

10 total

  • Personal Injury Case

    In my case, i was terminated from my job due to a false comment. as a result of this false statement, i lost my respect, livelyhood. I was dis-qualified of unemployment insurance benefits due to mis-conduct in connection with the work , but wa...

    Stephen’s Answer

    At-will employees may be terminated for any or no reason at all so long as the decision to terminate is not based on age, race, religion, gender, sexual orientation. However, if you have been defamed (libel or slander), you may have a cause of action against the person(s) making such defamatory statement. You should contact an attorney in Arkansas to investigate your potential claim.

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  • Personal Injury Case

    In my case, i was terminated from my job due to a false comment. as a result of this false statement, i lost my respect, livelyhood. I was dis-qualified of unemployment insurance benefits due to mis-conduct in connection with the work , but wa...

    Stephen’s Answer

    At-will employees may be terminated for any or no reason at all so long as the decision to terminate is not based on age, race, religion, gender, sexual orientation. However, if you have been defamed (libel or slander), you may have a cause of action against the person(s) making such defamatory statement. You should contact an attorney in Arkansas to investigate your potential claim.

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  • What happens if the defendant in a personal injury case cannot be found by his lawyer after a suit has been filed?

    he defense attorney cannot locate his client, he changed his phone number, has moved, got fired by the trucking firm that caused the accident? If defendant doesnt answer anything what happens next?

    Stephen’s Answer

    Hopefully, you have sued the trucking company as well as the driver who is now missing. If the defendant disappears and the lawyer can't locate him, the court may enter a default judgment. Contact a lawyer immediately to learn whether or not the statute of limitations has expired because you need to sue the trucking company.

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  • Do I have to give a statement, recorded or not, to an ins co in a liability claim against my landlord? How do I respond to them?

    Do I have to give a statement, recorded or not, to an ins co in a liability claim against my landlord? How do I respond to them? I sent in my demand letter and the investigator wanted to meet to 'get a statement.' My demand letter was quite clear ...

    Stephen’s Answer

    If it is your own insurance carrier requesting a statement, you may be required under the terms of the insurance policy. In most states, there is no law that requires you to give a statement to the other party's liability insurance carrier. Moreover, it sounds as if you've provided more than enough information in order for the carrier to evaluate your claim.

    The investigator will likely tell you that if you want to resolve the claim, he must take your statement. I strongly suggest you contact an attorney in your state and community immediately to learn your rights. Do not give any statement without consulting an attorney.

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  • Do I have to give a statement, recorded or not, to an ins co in a liability claim against my landlord? How do I respond to them?

    Do I have to give a statement, recorded or not, to an ins co in a liability claim against my landlord? How do I respond to them? I sent in my demand letter and the investigator wanted to meet to 'get a statement.' My demand letter was quite clear ...

    Stephen’s Answer

    If it is your own insurance carrier requesting a statement, you may be required under the terms of the insurance policy. In most states, there is no law that requires you to give a statement to the other party's liability insurance carrier. Moreover, it sounds as if you've provided more than enough information in order for the carrier to evaluate your claim.

    The investigator will likely tell you that if you want to resolve the claim, he must take your statement. I strongly suggest you contact an attorney in your state and community immediately to learn your rights. Do not give any statement without consulting an attorney.

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  • What is the time limit to fight workmans comp?

    I got hurt at the job just a bit over a year ago. I filed for comp and my claim was denied. I did get a lawyer and he turned out to be unhelpful, showed no interest in my case. I did everything he asked with no success so I fired him. I got so de...

    Stephen’s Answer

    The time limit to file a claim for workers compensation is 3 years from the date of injury. You can do this yourself by downloading a form LIBC-362 Claim Petition from http://www.dli.state.pa.us/landi/cwp/view.asp?a=138&Q=58670&landiPNavCtr=|&TNID=1045#1045 and following the directions for filing it. You can also file a claim petition electronically at http://www.dli.state.pa.us/landi/cwp/view.asp?a=159&q=204844&landiPNavCtr=|&TNID=4118#4118.

    However, you have already filed a claim petition via your former attorney. In order to determine if the time has expired, I need to know the disposition of the original claim. If the workers' compensation judge has issued a decision denying your claim, you should have filed an appeal to the Workers Compensation Appeal Board. The information about how to file the appeal would have accompanied the letter enclosing the Decision. General information and forms are available through the Pa Dept. of Labor & Industry at http://www.dli.state.pa.us/landi/cwp/view.asp?a=296&q=202912. Under the law, you only have 20 Calendar days from the Circulation Date of the judge's decision to file an appeal. If you have taken no appeal, the denial of your claim can not be disturbed.

    However, if the claim has not been denied and your claim or appeal is currently pending, you should consult an experienced workers' compensation attorney in your area. The Pennsylvania Dept. of Labor & Industry provides helpful info on your rights under the workers' compensation act online at http://www.dli.state.pa.us/landi/cwp/view.asp?a=138&Q=58929.

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  • Is this discrimination

    i work for a company of about 40 to 50 people and i and another person being the only two blacks that work in the whole building got suspend based on non proven facts and we have had four different policies and mojority of the people should be sus...

    Stephen’s Answer

    I am not licensed in Kentucky, but you you should contact an attorney who handles employment law/discrimination cases to determine if you have a meritorious case. If you are a member of a Union, you should contact the Union in order to file a grievance and/or appeal the suspension. When you speak to a lawyer, you should also inquire as to whether the health problems you have been experiencing are related to the work you have been doing, the discrimination or perhaps your exposure to certain dangerous chemicals/substances or repetitive tasks. If you're health problems are related to your employment, you may qualify for workers' compensation benefits. Again, you should consult an experienced employment law attorney first, and perhaps an experienced workers compensation attorney also.

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  • Is it possible to sue the federal government and are court records available for public viewing

    Someone told me they sued the federal government and won. Is this possible? If so, are the court records published to pubilc viewing? I'm trying to validate their claim.

    Stephen’s Answer

    Yes, citizens of the U.S. can sue the federal government. To locate a filing in federal court go to: http://www.pacer.psc.uscourts.gov/. There you can search the individuals name and find any cases he or she may have filed along with the docket. You can also download or view documents filed in the case.

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  • I was in a auto accident. We were stopped in traffic and were rear ended by a dodge truck.

    I was wanting to know what needs to be done now. There were 3 people in the suv we were hit in. All 3 of us are suffering back, neck and shoulder pain. We went to the er and they sent us on our way with pain pills and muscle relaxers. They did do ...

    Stephen’s Answer

    I am only licensed to practice in West Virginia and Pennsylvania, and therefore, I'm not familiar with Texas auto law, but you should definetly contact an attorney in the Dallas area who practices personal injury/auto law, since your auto insurance may have a medical payments provision. This provision allows you to submit your medical bills to your own insurance company. But in order to find out if your insurance policy has such a provision (which would be governed by Texas law), you should read the Declarations Page (usually the first page of the policy) and then contact a lawyer.

    In the mean time, I suggest you do the following:
    1) Contact an attorney experienced in handling personal injury/auto claims.
    2) Gather Info and Preserve Evidence: photograph the scene if it can be done safely and your vehicle.
    3) Follow up with your primary care doctor to document your injuries. Many serious injuries do not always cause immediate pain.
    4) Report the accident to your insurance agent/carrier.
    5) Report the accident to the police if they did not respond to the scene
    6) Don't discuss your case with anyone except your doctor and lawyer. You may be contacted by the other driver's insurance company wanting to record your statement. You should contact a lawyer to learn your rights before agreeing to give such a statement.
    7) Keep a journal to document how the accident occurred, pain, doctor’s appointments, lost time from work.

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  • What is the procedure for filing a OWCP claim - longshore & harbor workers' compensation?

    I work on a boat and was injured. Can I file a claim under OWCP? Where can I find forms to file such a claim? Do I need an attorney?

    Stephen’s Answer

    • Selected as best answer

    I agree it sounds like you are a seaman covered under the Jones Act and General Maritime Law of the U.S. I also agree that you should contact a lawyer who specializes in admiralt/maritime law to determine which law you are covered under.

    However, in order to file a claim for compensation under the Longshore & Harbor Workers Compensation Act, you should complete (as best you) can a Claim for Compensation (form LS-203). You can dowload the form from the U.S. Dept. of Labor's website at: http://www.dol.gov/esa/owcp/dlhwc/lsforms.htm

    You will then need to determine which Compensation District in the U.S. the Claim for Compensation should be submitted to. Review the map on the Dept. of Labor's website for the office that covers the state where you live. The web address is: http://www.dol.gov/esa/owcp/dlhwc/lscontactmap.htm

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