NFL To Begin Brain Injury Research

Big hits, fatal injuries

If you frequently visit my blog, you surely have noticed how active I've covered the issue of concussions in professional sports recently. This type of injury is a serious concern particularly for the National Football League (NFL) who is facing hundreds of lawsuits from former players who are experiencing some negative effects of undocumented concussion injuries during their heyday. As part of my ongoing coverage, we just learnt that the National Football League is taking some steps to address the issue.

According to sources, the NFL is teaming up with General Electric for a four-year initiative to develop brain-imaging technology that will effectively detect concussions and the creation of materials for helmets and protective gears that will better protect its players from permanent disability. The NFL is putting in $50 million initially to start the project.

The project was initiated in light of recent damaging wrongful death lawsuits that questioned the NFLs integrity and motives. The latest one came from the family of future Hall of Fame inductee, Junior Seau. The family claims that the NFL knew the risks of concussions but continued to market the sport’s ferocity. With its popularity and longevity hanging in the balance, the league’s top brass decided to act proactively, sooner than later.

Seau suffered through depression and mood swings allegedly brought about by multiple, undetected concussions. He committed suicide last year and his brain was donated to researchers. The team found that he suffered from a neurodegenerative brain damage.

Last week, the NFL Players’ Association released the results of their health and safety survey where they found out that 78 percent of active players do not trust team doctors and medical staff citing a doctor in San Diego as a clear example of a medical practitioner known to commit malpractices while continuously employed by the team. The Union also announced that the players will donate $100 million to Harvard University for comprehensive Health and Safety research.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Day, Day and Brown, posted 11 Feb, 2013 

Tags: NFL, Junior Seau, NFLPA, Harvard University, concussions, brain injury, General Electric

Girl's Inspiring Brain Damage Campaign

Kasey Wagner

People of all ages can be affected by brain damage. Traumatic brain injury is probably one of the most serious of all types of injuries as it may completely alter the life of a person. Often with debilitating and dire long-term effects, these injuries are mostly caused by accidents and medical malpractices.

Brain injuries are a serious problem that can happen anywhere to anyone and requires the support of family and friends. In the lone star state, one girl is raising awareness on brain injuries by supporting local charities and opening up about her own permanent disability.

Kasey Wagner, a 15-year-old Texan teenage girl is getting involved in her community by helping raise local awareness about brain injuries through her own personal experiences. As an active supporter, fundraiser and spokesperson for local government and private concern groups, she has raised $1,000 for local charities and programs such as the Walk for Brain Injury campaign scheduled this March.

The young lady herself was a victim of a 2009 car accident that left her with brain injuries that continue to affect her ability to manage multiple tasks and do activities that require plenty of mental processing such as driving a vehicle. The brain injury has left her easily anxious and frustrated when told to do many things at the same time. She even finds it difficult to deal with people or understand spatial issues.

What impresses about the girl is her will and determination. Despite her handicap, she has been consistently leading fundraising efforts in and around the state to educate about brain injuries. Locals are inspired by her daring efforts.

Brain injuries could have a lasting and profound impact on one’s life. It could affect a person’s potential and, because of the required long-term care, may result in further medical expenses. Only through love, encouragement and support, a victim can regain a little measure of normalcy. 

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Originally written for Day, Day and Brown, posted 18 Feb, 2013

Tags: brain injury, walk for brain injury, car accident

Agrieved? Ask For Freebies

Tip: It won't hurt to ask for certain freebies from the SM department store if you are aggrieved due to poor service or misinformation.

SM City Olongapo

On Friday, 15 Feb. 2013 I bought a total of over $100 in clothes and other items for me and the wife to avail of the Valentine's Weekend Sale that should've totalled to about 35%. 

Unfortunately, two department managers made the costly mistake of giving me the wrong info that lost for me a small percentage of the promised discount.

After a long apology from management, I insisted that they compensate me for my troubles. They were hesitant at first until I told them that I'm not paying for any of the items.

My beautiful wife

Management relented and gave me a coupon for a free box of 12 brownies worth $10, discount coupons, extra raffle tickets (which management staff completed at my behest) and full management assistance for the rest of my shopping walk around. Yeah, I guess you could say they made the shopping experience and the hassle worthwhile.

It was so good, I ended up spending $500 in the three-day span that covered the sale period. In the end, one of those raffle tickets won me a 50-inch flat screen TV. Yeah, I'm that blessed.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: SM, Shoe Mart, Olongapo City, Subic Bay, Philippines, consumer rights, freebies, recompense, aggrieved, Valentine's Day

LGBT Seeks Presidential Help

LGBT activists want Presidential backing on employment reforms

President Barack Obama's recent inaugural speech emphatically addressed gay-right advocacy, earning him the applause of lesbian, gay, bi-sexual and transgender groups nationwide. With another four-year term, LGBT groups are wondering if the President's speech will soon translate into affirmative action laws to support the gay-rights in the workplace.

The activist's key demands require the President to issue an executive order that bars federal contractors from committing workplace discrimination against gay employees. In most states, employers are not prohibited by law from firing or refusing to hire an employee based on perceptions of the employee's sexual orientation.

Originally, the President would not issue an order that protects gay employees in companies with government contracts citing that there is already an effort by lawmakers to better address it. This frustrated many gay advocacy groups last year. The decision didn't sit well with the gay community although it was believed that Congress was drafting much broader legislation on the matter.

Although a federal law bans discrimination on the basis of gender and ethnic origin, there is no law to discourage employers from firing or refusing to hire workers based on sexual orientation. Twenty-one states have laws that prohibit workplace discrimination in government offices based on sexual orientation. Twelve states have extended these laws to private sector employment, including government contractors.

The current order in use is now almost half a century old. President Lyndon Johnson issued Executive Order 11246 back in 1965. It was the first time that the term affirmative action was used in a government decree and it prohibits federal contractors from discriminating against employees based on gender and race.

A new executive order will mean that there is a huge possibility that Congress will be forced to enact federal laws that protect LGBT members in the workplace. This may take some persuading given that Congress is dominated by the opposition. Even if the President issues an order, the Republicans may not be easily swayed.

(Written by Vee Dela Casa for Miller Cohen PLC posted on February 6, 2013.)

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

 

 

Tags: sex discrimination, sexual orientation, workplace discrimination, LGBT, lesbians, gays, transgenders, executive order, congressional legislation

We Need Local Stores

For the past 20 or so years, Happy Valley Supermart has been an important and influential part of the local community, serving Olongapenos, and recently, Subic and Iba. 

Happy Valley bounced back after a 2009 fire but  failed to compete with 
national brand stores

I am saddened to hear that the rising competition from bigger, national brand stores like Ayala and SM, are forcing local stores to close. On that note, Happy Valley Superstore is going out of business.

Local businesses are essential to our community. They help define the local identity. While I agree that a community needs a little bit of competition so as to inject change and improve existing and accepted ways of doing business, I hate to see national brand businesses monopolize and just take over this community. 

National stores kill competition and effectively destroy the local entrepreneurial spirit. Local businesses should find ways to cooperate with each other through merging together or other means to create competitive businesses and bigger stores that can go toe-to-toe and head-to-head with the likes of Ayala and Sy. Only through by helping each other can local businesses compete with these giants and retain local pride.

Just my 25 centavos on the matter which could actually be worth a billion pesos.

Tags: local businesses, Olongapo city, Subic bay, Philippine business, merging

Seau Family Files Lawsuit

Wrongful death lawsuit filed against NFL

Latest update of a recent story

The National Football League can add another lawsuit to its growing list of lawsuits from former players suffering from concussion-related brain injuries. Junior Seau's family sued the league for wrongful death weeks after results of a report that confirmed suspicions that the future Hall of Fame inductee may have suffered a neurodegenerative brain disease as a result of two decades of repeated, often-undocumented concussions.

Seau, who spent most of his career in San Diego and Southern California, fatally shot himself in the chest last year. His death raised concerns over the effects of concussions on the well-being of the league's former players. This started a wave of lawsuits against the NFL.

The lawsuit filed in the San Diego County Superior Court alleges that the NFL, although well aware of the risks involved, deliberately concealed certain information from players while continually marketing the violent nature of the sport.

Seau apparently changed significantly over the last years of his life, making bad business decisions and being depressed and indifferent toward his family. His behavioral changes were allegedly an effect of the chronic traumatic encephalopathy, or CTE, that was only recently diagnosed by experts.

Sources indicate that his family is currently not claiming any financial compensation, but wants NFL to acknowledge fault, to care more for its former players and to make the sport safer. American football has recently faced a lot of heat. Nicknamed "America's Game," it is widely regarded as the most popular sport in the country.

This might change if ferocity of the game is toned down for safety reasons. Some players are now trying out newly developed Kevlar linings designed to minimize impacts in their helmets. They hope that new technology will help salvage the sport's damaged reputation.

Concussions could possibly cause serious brain injury. These injuries can have lasting effects on people and death may even be the result. Depending on the outcome of these types of lawsuits, the NFL could find itself increasingly liable for the financial consequences of these injuries to players.

Written by Vee Dela Casa for the Law Offices of Lee Arter, February 4, 2013. For the U.S. published version, click here)

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: brain injury, compensation, concussions, NFL lawsuits, loss of a loved one, wrongful death

Unlicensed: Cal Facing Serious Problems

Unlicensed California drivers may cause more fatal car accidents

According to a California Department of Motor Vehicles report, unlicensed drivers are more likely to cause car accidents and serious injuries. The finding is being welcomed by immigration advocates in support of arguments favoring the issuance of driver's licenses to undocumented immigrants.

The report contains analyzed data collected from fatal car accidents over a 23-year period. The DMV found that unlicensed motorists, mostly between the ages of 20 and 29 years old, are three times more likely than licensed motorists to cause a fatal auto accident.

A similar report was also recently released by the University of Michigan Transportation Research Institute. This study ranked Los Angeles at the top of cities with significantly high accident rates for pedestrians and bicyclists.

In terms of the ongoing debate related to immigration, advocates believe California would benefit if undocumented immigrants were given an opportunity to train and test for driver's licenses.

With additional training, the thought is that otherwise unlicensed drivers would be better equipped to navigate the roads, thus reducing the number of eventual incidents that lead to accidents and injuries. Opponents, meanwhile, insist that handing driver's licenses to illegal immigrants is a national security risk.

However, the hope is that the findings do not become a platform for any political agenda, as the issue is really about public safety and how to lower accidents, especially those caused by unlicensed drivers. The DMV's report recommends encouraging testing and impounding vehicles as possible solutions.

(Written by Vee Dela Casa for Law Offices of Lee Arter, Feb. 4, 2013. For the U.S. published version, click here)

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: DMV, car accident, immigration

Second Marriages: Prenup to Estate

Bouncing back from a divorce and marrying a new-found love can be an exciting time for anyone. For many, a second marriage closes the book on the previous marriage and the pain of divorce. But a second marriage brings with it other legal issues and property division concerns. Remarrying partners will do well to reassess their properties and other finances well prior to the marriage.

Experts advise such couples to have a detailed and well thought-out prenuptial agreement and estate plan. Being specific about what is owned before a second marriage can spell the difference between finding happiness and being twice broke and twice broken-hearted.

Until recently, prenuptial agreements were not a popular topic among couples. Thanks to celebrity weddings that often go south, we have learned that a so-called "prenup" is a necessary and effective tool. It is a legally binding agreement that fully discloses each spouse's finances, and it should be signed and witnessed relatively far in advance of the big day.

The agreement also sets forth exactly what each party is entitled to in case the marriage winds up in a divorce. It usually has a payout provision, by either cash or an asset acquired prior to marriage. Conjugal or marital properties-properties acquired during the marriage-are divvied up by the court in accordance with state divorce law.

Even if the second marriage does not end in divorce, the death of one spouse could start a bitter legal battle among the children. This is why tools like wills, trusts and designating beneficiaries should be set up prior to marriage and/or death. Designating beneficiaries will ensure that the intended persons receive the assets upon death in accordance with the testator's wishes. All other properties owned jointly with the spouse will automatically be awarded to the spouse.

Those who want to provide for both the surviving spouse and all the children, including those from a first marriage, should look into a qualified terminable interest property trust (QTIP). This type of trust allows the surviving spouse to get the trust income until he or she dies, and then the children inherit it.

Some states have laws that prevent testators from leaving a spouse out of an inheritance. Elective share laws allow one's disinherited widow first rights on one-third of all assets over all other parties. With all of these legal issues, it is highly advisable to have an estate plan finalized well in advance of the wedding day.

(Written by Vee Dela Casa for D.W. Trombadore, New Jersey Attorney-At-Law, Feb. 4, 2013. For the U.S. published version, click here)

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: Divorce, Estate plans, prenuptial agreement

Women Out On The Battle Front

When the military opened its doors to women, there was no shortage of volunteers willing to step in and up to support the troops in every available capacity whether it be as military nurses, clerks or cooks. In recent campaigns, women have been increasingly involved in combat situations. The government's decision to repeal the existing ban on front-line duty occupations and recognize women's contributions in all peace keeping and combat efforts is long overdue. It reaffirms the government's commitment to gender-based job equality, employment equity and affirmative action.

While the move is bold, it also addresses safety concerns, not from the enemy but of sexual harassment and assault incidents that often go unreported. Rape and sexual abuse by personnel have plagued the military for years.

Front-line infantry work is very stressful. The hostile work environment and long hours do not make it popular; add to that the risk involved in getting the job done. The military requires that women pass eligibility requirements equal to men but it hasn't addressed how it plans to prevent possible abuses against women in a mixed-gender unit.

Often tight-lipped, only recently did the military take notice. Thanks to the Oscar-nominated documentary, The Invisible War, which chronicles the sexual abuses against women in the military; this led to several arrests that included some of the military's top-ranking officials.

History has taught us that women often fall victim to war-related abuses. Having women on the frontlines is an added bonus for many reasons but won't be successful until the armed forces make some cultural changes and proactive measures to ensure the sexual safety, both physically and mentally, of its female soldiers.

Right now, many women are happy that this opportunity is open to them. But, there are some lingering doubts about whether the opportunity has enough mechanisms in place to protect women from the possibility of sexual abuse and discrimination while performing their duties.

One thing's for sure, regardless of a person's line of work, sexual harassment in any workplace is unacceptable. Victims of harassment, sex discrimination and sexual abuse in Detroit, Michigan should consult with a legal professional who can help to stop injustices and help the victim to be awarded compensation that will cover lost expenses and help to assuage some of the grief that they are likely to experience as a result of the harassment.

(Written by Vee Dela Casa for Miller Cohen PLC, Feb. 4, 2013, for the U.S. law firm published version, click here)

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: sexual harassment, sexual misconduct, whistleblower, women, workplace discrimination, sexual discrimination, abuse, military women

Ray Charles Family Wins Lawsuit

The 1978 amendments to the U.S. Copyright and Intellectual Properties Law explicitly allow artists to recover rights to their work after 35 years by officially terminating agreements that transferred their work to other entities such as labels and publishers.

Since its promulgation, authors, musicians and composers reaped most of the benefits getting full royalties for music which they originally made – music that turned the American music industry into a multi-billion business.

Ray Charles is one of those iconic artists. On his deathbed in 2004, he gathered all his children and had each of them sign irrevocable trusts of $500,000 each. According to his will, the rest of his estate will go to his foundation for the deaf, including personal property and all royalties to his songs.

Moving forward to 2010, the children filed termination notices to Charles’ publisher. The foundation fought back and sued the party. Even in death, Ray Charles is stirring up controversy that could’ve been avoided with the right legal advice.

Last week, a federal court judge ruled in favor of the seven children. The judge ordered the publisher to allow the children to recover music publishing rights to about 60 of Charles’ songs plus ordered the foundation to reimburse them for all legal expenses.

The copyright law’s “termination rights” provision has been contested since 1978. Publishers argued that musicians and book authors are employees and should be exempt from termination claims. This particular case, however, exposed the complexity of such claims especially if it involves deceased authors and their wills.

The judge who ruled based her decision on the premise that copyrighted works are governed by specific federal laws that give rights to surviving family members. These rights cannot be superseded by a person’s valid will or by any other agreement. The Ray Charles Robinson Foundation for the Deaf is looking to appeal the ruling.

(Original article written by Vee Dela Casa for Markowitz Gravelle, LLP. For U.S. published version, click here)

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: death, estate plan, personal property, trusts, valid will, soul, music, Ray Charles, U.S. Copyright Law 

Tax Complication Affects Divorces

Divorce - the winter of discontent

Divorce and alimony complications under the new tax laws

A friend once told me that when the season changes to fall, couples separate, and not too long after, in January, couples end up in court. The end of the holidays also spells the end of many marriages. The winter months do bring discontent and a spouse' cold shoulder.
  

Due to tax considerations, the start of the year has become a popular time for filing divorce. Thanks to the new tax laws, things just got a bit more complicated especially for wealthier couples whose bracket is being hit hard by increased taxes. This regime is forcing divorce lawyers and accountants to re-think several aspects of a high asset divorce agreement such as alimony, stocks and pensions.

Alimony is an area of concern for many. High-earners are bracketed at $400,000 gross income for single filers with a rate of 39.6%. This means that alimony may put a supported spouse over the threshold forcing them to pay more taxes thus putting a spouse who is receiving alimony in a difficult spot.

With a need to lower taxable incomes, some spouses are asking the courts for an agreement modification to change the existing spousal support package by decreasing the alimony and finding alternatives that doesn’t involve paying too many taxes. Unlike child support, alimony is deductible by the payer and is reported by the payee as income. One such alternative involve a more service focused packages such as real estate upkeep which is taxed less than income.

Investment portfolios are also being reconsidered. With taxable income on dividends and investments set at $200,000 of adjusted gross income and a new 3.8 percent Medicare surtax, experts advise against getting the entire share and pay more taxes. Instead, they recommend opting for another asset that generates income but also generates a tax loss like a rental property. Depending on how taxes will be paid, many are settling to split or share the portfolio.

Divorce is already a tricky matter. The new tax laws are proving to complicate the process even more with convoluted and increased taxes designed for the wealthy. With the help of knowledgeable legal professionals, divorcing couples can agree on an amicable and equitable sharing of assets and liabilities.

About The Author

Victor Dela Casa is a Filipino-Canadian who spent over a decade working as a business professional in Canada. Worked in IT, finance, marketing, international trade, public service, project management and the maritime industry. Degree in Economics from the University of the Philippines and Honours Diploma from Eastern College. Currently based in the Philippines and working as a professional writer for a multi-national business processes firm.

Tags: divorce, high asset divorce, spousal support, alimony, child support, agreement modification