Stephen Patrick Moschetta's Answers

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

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:...

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

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

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.

What is the time limit to fight workmans comp?

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...

Is this discrimination

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...

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

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...

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Personal Injury Case

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.

Personal Injury Case

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.

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?

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...

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?

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...