Health clubs with 500 or more members must have an Automated External Defibrillator

(“AED”) on the premises pursuant to the General Business Law and the Public Health Law. An

AED is a portable medical device for delivery of an electroshock to restart normal heart rhythm.

In addition, health clubs with 500 or more members must have at least one individual

with training in AEDs and CPR on the premises during business hours. It should be noted that

any individual who uses the AED will have limited liability through what is commonly known as

the Good Samaritan Law. The Good Samaritan Law provides that any person who voluntarily,

and without the expectation of compensation, renders aid will not be liable for damages unless

the injuries were caused by gross negligence.

Unbelievably, the Courts are currently divided as to whether the person trained to use

the AED has an affirmative duty to actually use the life saving device on a person having a heart

attack. Certainly, the law was meant to ensure a higher level of safety for people who belong to

health clubs. It is undisputed that the likelihood of cardiac arrest increases in health clubs where

people engage in physical exertion and that there is a decrease in fatality rate with the immediate

use of an AED and CPR. However, the presence of an AED will be of no benefit unless it is

actually used.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

Federal prosecutors will typically require an individual to make a “proffer” of any information he or she will provide in exchange for leniency.  Any statements made during plea negotiations with the government are generally inadmissible under Federal Rules of Evidence 4101 and Federal Rules of Criminal Procedure 11(f)2.  

However, the reality is that any statements offered to the government are usually governed by a proffer agreement and typically are not complete immunity agreements.  Most proffer agreements contain language that will allow the government to impeach you with your statement if your subsequent testimony is inconsistent with your proffered statement.  Moreover, the government can use the information you gave to conduct further investigations and the information obtained as a result of those investigations may be used against you in other charges.

Therefore, due to the limited protection available, great consideration should be given prior to speaking with prosecutors.  It is highly recommended that you consult with a lawyer prior to making any statements to the government.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

In my last blog, I talked about the Health Insurance Portability and Accountability Act of 1996 (HIPAA) that gives you rights over your health information. With a few exceptions, you have the right to inspect, review and get a copy of your medical records and billing records.

Of course, you have the right to look at your own medical information. Yet, who else is allowed to look at your medical history? Generally, no one is allowed to look at your health information without your permission.  However, there are some exceptions where, by law, your medical information may be used and shared for specific reasons. For example, your health information may be used for reporting as required by state or federal law. There are federal and state laws that require reporting when the flu is in your area for instance. In many cases, you may be entitled to know who has looked at your health information.

Fortunately, these exceptions are limited. Generally, your health information cannot be seen or used without your permission. Your doctor may not give your health information to marketing and advertising agencies without your prior written permission for example. In addition, family members cannot obtain information about their relative without the patient’s consent. Similarly, under the New York State Mental Hygiene Law, a patient’s consent is generally needed before disclosures to family members can be made.

However, it should be noted that HIPPA does not prevent your employer from requesting information about your health if your employer needs the information to administer workers’ compensation, health insurance or sick leave. Nonetheless, your health provider may not give your employer your health information directly without your permission. If you believe your HIPPA rights are being violated, you should contact an attorney to protect your rights.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

Yes! The Health Insurance Portability and Accountability Act of 1996 (HIPAA) gives you rights over your health information. With a few exceptions, you have the right to inspect, review and get a copy of your medical records and billing records. If you would like a copy of your medical records, you may have to put your request in writing and pay the cost of copying. Pursuant to the New York Public Health Law, a provider may impose a reasonable charge to make a copy of your medical records, but it may not exceed 0.75 cents per page. In addition, a provider may not deny you a copy of your records because you have not paid for the medical services.

It is important that you review your medical records and make sure the information is accurate. If you believe there has been a mistake, you can request that the health care provider or health plan amend the record. The health care provider or health plan must respond to your request. If there has been an error, the record must be amended. If the health care provider or health plan does not agree there has been a mistake, you still have the right to have your disagreement noted in the file. The record should be updated within 60 days in most cases.

Health information is private and should be protected. In my next blog, I will talk about federal and state laws that protect who may look and receive your health information.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

Many people have heard of subpoenas before, but few know their legal effect. A subpoena is a legal document that orders a person to comply with certain requests. Subpoenas can be either judicial, issued by a judge, or non-judicial, a subpoena not issued by a judge, clerk, or officer of the court.  Generally, there are two types of subpoenas: a subpoena for a person and a subpoena for a document, which is formally known as a subpoena duces tecum. A subpoena for a person requires the attendance of that person to give testimony, whereas a subpoena duces tecum requires the production of books, papers, and other things.

Now that you know what a subpoena is, you must know your legal rights when dealing with a subpoena. The first thing you may be wondering is: if I receive a subpoena must I comply with it? The short answer is yes. A party in an action, through the use of a subpoena, may compel the opposing party or a non-party to the action to comply with its requests. If a person fails to comply with a judicial subpoena, that person may be held in contempt of court based solely on their failure to comply. Whereas, if a person fails to comply with a non-judicial subpoena, that person cannot be held in contempt until the court issues an Order to compel compliance.

Now that you know you must comply with a subpoena, you may be wondering if you are entitled to a fee for your time. When dealing with a subpoena for persons, any person whose attendance is compelled is entitled to fifteen dollars a day in fees. Each person may also receive travel expenses of twenty-three cents per mile, if traveling outside of the city in which that person was served. Furthermore, if you are not a party in the action, and are required to attend the trial, you are entitled to an additional three dollars in fees each day. When dealing with a subpoena duces tecum the party issuing the subpoena is required to defray the costs of document production if the person subpoenaed is a non-party in the action.

Although the fees paid to a layperson are relatively low, an expert in a specific field is entitled to negotiate for his/her compensation. In New York, an expert witness cannot be compelled to give testimony, but may contract to do so for fair compensation.

Since subpoenas can sometimes be complicated, if you ever receive a subpoena it is in your best interest to contact a local attorney who can offer you their assistance.

Gary Valerino

Partner

Email: gvalerino@mcvlaw.com

Phone: 315-471-1664

Gary Valerino has been practicing law since 1989 and has been with Meggesto, Crossett & Valerino, LLP his entire career.  He is a member of the Association of Trial Lawyers of America (ATLA) and the National Association of Subrogation Professionals (NASP).  He is also an approved subrogation counsel for many of the major insurance companies.

Many people are aware that if they are in an accident that is their fault, they have car insurance to cover injuries that are sustained by the other driver.  But what if you are in a car accident that is the fault of another driver and that driver only has the minimal insurance limits of $25,000/$50,000?  How is it fair that you pay for insurance that covers $100,000 or $300,000, but if you are injured you may only be covered for $25,000?

That is where Supplementary Uninsured/Underinsured Motorists (SUM) Coverage comes into play.  New York law requires insurance companies to offer SUM Coverage which provides coverage for accidents caused by negligent motorists who have no insurance or limits of insurance below those you carry on your policy.  You may select SUM coverage in limits up to the Bodily Injury Liability Limit on your policy.

It is worthy to note that New York law requires insurance companies to provide Statutory Uninsured Motorist Coverage which provides insurance coverage to you for injuries received if you are in a car accident with a negligent motorist who has no insurance at all.  Yet, that coverage is only $25,000 per person/$50,000 per accident for bodily injury and $50,000 per person/$100,000 per accident in the event of death.  Your policy will automatically include these limits. However, Statutory Uninsured Motorist Coverage is very limited, not only because of the low coverage, but because the coverage only applies if the car accident happens in New York State.

It is also worthy to note that SUM Coverage is not automatically provided.  It is the recommendation of this writer that you purchase SUM Coverage to adequately protect yourself if you are in a car accident. Please call your auto insurance provider to check your coverage and if necessary, obtain additional coverage.

Heather LaDieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather LaDieu was admitted to the New York State Bar in 2001.  She is a member of the Onondaga County Bar Association, New York State Bar Association.

So I’m going to start a Blog.

For some time now, all of us at Meggesto, Crossett & Valerino, LLP, fondly known as MCV Law, have been learning about the new and emerging social media. We decided to take a leap and created a Facebook Page, a Twitter account, a Google+ account, and soon we will be revamping our website, MCVLAW.com.  To start the journey I welcome you to my blog

The title of my blog is simply “Crossett’s Voice”.

Until our web site is revamped, this Blog, along with others from our firm, will be found on our Facebook page.

My intention is to educate, comment, and periodically offer opinions on issues concerning New York Workers Compensation Law and the practice thereof. It is not my intention to write a serial blog, expecting that everyone will read and follow my blog from the beginning. Rather, I will endeavor to center each installment around a single topic, and title it in a manner that will allow the reader to find specific information they may be seeking.

With the launch of this blog I’m inviting you to join MCVLAW at our Facebook page and to follow us on Twitter or Google+. Of course, you can also refer to our website to find out what we look like, to obtain directions to our office, and to use the general information we have posted.

William W. Crossett IV
Partner

Email: crossett@mcvlaw.com

Phone: 315-471-1664

Mr. Crossett concentrates his practice in the representation of Injured Workers. Since 1982, he has regularly appeared before the Workers’ Compensation Board and the Courts of New York. As an advocate for the Injured Worker, he has testified before the New York State Senate and has presented many Continuing Legal Education programs. Presently, Mr. Crossett serves as President of the Injured Workers Bar Association of New York and is an active member of Workers Compensation Law Division of the New York State Bar Association. Read more In 2012, he was inducted as a fellow in the College of Workers Compensation Lawyers. Mr. Crossett practices throughout Central New York with an office in Syracuse.