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It almost doesn’t seem fair to the competition – here in the Finger Lakes area, we have 11 pristine bodies of water surrounded by quaint communities, wineries, museums and fantastic restaurants. No wonder The Weather Channel recently named the Finger Lakes region the No. 1 Lakeside Retreat in THE WORLD.

Yes, our area beat out Lake Como in Italy, England’s Lake District — even Lake Kawaguchi, at the foot of Japan’s Mt. Fuji!

I recently blogged about Watkins Glen’s being chosen by Yahoo Travel as the No. 2 Lake Town in America (see “Watkins Glen makes ‘Best Lake Towns’ List” here on the NY Injury Law Blog). It’s nice to see our area get well-deserved INTERNATIONAL acclaim!

This distinction from the Weather Channel is just further proof that we are lucky enough to live and work in a place most of the world would love to visit. The Ziff Law Firm handles cases throughout the Finger Lakes region and south into Pennsylvania – in villages, towns and cities on or between the lakes: Hammondsport, Corning, Watkins Glen, Montour Falls, Burdett, Hector, Lodi, Odessa, Penn Yan, Dundee, Ithaca, Geneva, Cortland, Syracuse, Rochester and of course, our home base of Elmira. We are the local firm with “big city” results in accident, personal injury, medical malpractice, dog bite cases and more.

I’m not surprised the Finger Lakes were chosen as the No. 1 Lakeside Retreat, but from time to time, people need a reminder that local equals world-class.

The rest of the best

The Weather Channel specifically recommended Seneca Lake as the largest Finger Lake (some top communities along the lake are Watkins Glen, which just hosted the major NASCAR race, Canandaigua and beautiful Geneva) and Keuka Lake for its Y-shape (more lakefront and incredible views!).

I wanted to mention the rest of the 11 Finger Lakes: Cayuga Lake (with Ithaca at the southern end, home to Cornell University which draws international culture and cuisine to the area), Otisco Lake, Skaneateles Lake, Owasco Lake, Canandaigua Lake, Honeoye Lake, Canadice Lake, Hemlock Lake and Conesus Lake.

If you haven’t visited them all, what are you waiting for? There is still plenty of summer left in 2009, and the best lakes in the world to discover – just down the road.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Seneca Lake Station in Watkins Glen

Yahoo Travel just released a list of the “Best Summer Lake Towns” in the country – and one of the best is practically in our backyard. Watkins Glen, on Seneca Lake, made the No. 2 spot on this national list!

Reasons Watkins Glen made the list:

• Wine – The Seneca Lake Wine Trail has more than 36 wineries and Finger Lakes Distilling.
• NASCAR racing – Watkins Glen International raceway, of course.
• Sailing – Yahoo recommends Seneca Sailing Adventures for a quick cruise.
• Farm Sanctuary – one of only two shelters in the U.S. that take in farm animals and an educational center for learning about the ills of factory farming.
• Nature – Watkins Glen is right next to the new Catharine Valley Trail and the Finger Lakes National Forest, more than 16,000 acres of unspoiled glades and trails.
• And finally – I have to stop somewhere – the hospitality. Watkins Glen has the brand-new Harbor Hotel, the grand Idlwilde Inn and charming bed-and-breakfasts such as Echoes of the Glen.

It sure is sweet to have so much in our area! I think about the great lake towns where so many of my personal injury and medical malpractice clients live. Each town or village has a unique charm, from Penn Yan, Canandaigua, Geneva (Lake Trout Capital of the World), to Hammondsport, Skaneateles, Ithaca and Auburn.

I count myself very fortunate to practice regularly in this beautiful region. And before I forget – lake towns are gorgeous, but I can’t discount the appeal of Elmira (where my offices are), and nearby Corning and Big Flats.

Look around – we are lucky enough to live in one of the prettiest places on the planet!

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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Robert William Service said “be master of your petty annoyances and conserve your energies for the big, worthwhile things. It isn’t the mountain ahead that wears you out – it’s the grain of sand in your shoe.” Truer words were never spoken.

The grain of sand in the shoe of many Workers’ Compensation claimants is medical and travel reimbursement (M&T). I first discussed M&T in my blog “New York Workers’ Comp Attorney Discusses Mileage Reimbursement.” Please see that blog for the basics. This blog offers an inspirational quote (see first sentence) and a few more tips.

Simple mileage reimbursement requests are rarely a problem unless you are seeking years of unpaid mileage. I recommend you submit M&T at least annually. One important point for anyone using a taxi or bus is that you MUST get a receipt. The insurance company will not reimburse you for your actual taxi or bus expenses unless you provide receipts for them.

Similarly, for durable medical equipment and over-the-counter (OTC) medications, receipts are the key. Additionally, regarding durable medical equipment (ex. heating pad) and OTC medications (ex. colace), make sure your doctor is writing in his or her medical narrative that he or she wants you to have it because of your work related injury. Please remember that if your doctor doesn’t write that you need it for your work injury, it’s unlikely the insurance company will voluntarily pay for it and the Workers’ Compensation Law Judge will be without power to order the insurance company to pay.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

It was about a week before Jack Schamel retired that I last wrote a blog post. Since that time I’ve had about all I can do to keep up with hearings, client meetings, phone calls and everything else. I’ve missed writing the occasional blog because I find it satisfying to know that some of the folks reading my blogs are actually helped by them. Enough knuckle cracking. Let’s get down to it.

Just doing it is really the theme of this post, which is about encouraging folks to apply for Social Security Disability. I’ve had too many people come to me who would clearly be disabled for purposes of Social Security Disability, but for a variety of reasons either didn’t apply before their date last insured (DLI) or didn’t appeal the decision denying them benefits for an impairment onset date before their DLI. For a more in-depth discussion of DLI, see my blog post “Social Security Disability and Date Last Insured.”

While it is certainly true that if you can prove that the onset of your impairment occurred before your DLI you would be entitled to benefits, this is not the way to go. By applying and, if necessary, appealing a denial (preferably with the assistance of an attorney), you and your attorney should be working with your medical providers to ensure that Social Security has the medical evidence of your impairment.

The bottom line is: you should apply and if you’re denied benefits hire an attorney experienced at Social Security Disability. Please see my blog post “Social Security Disability: Getting Started” in which I have the link to apply for benefits online.

You have nothing to gain by waiting and, if you’re fortunate enough to recover from your disability and return to work, you may be eligible for a closed period of disability for the time you were out of work. In other words, just apply.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

It is very inspiring to come across a young person who has the insight and fortitude to realize that adversity can become a source of strength. To be able to help such a student achieve their dreams is incredibly rewarding.

I’m very proud to announce that Pamela Miller, a senior at Southside High School in Elmira, is a winner of the ZiffLaw Overcoming Adversity Scholarship. Pamela will receive $1,000 to pursue her plans to study international relations and Spanish.

This scholarship is administered by the Community Foundation of Elmira-Corning and the Finger Lakes and awarded to a student attending high school in Chemung County, or at Corning East or West, Waverly, Sayre or Athens high schools. Financial need is strongly considered, but the primary criteria is we look to help a student who overcame some adversity and prevailed through hard work and perseverance.

Pamela certainly qualifies. She contributed a personal essay describing a family tragedy, her father’s suicide, that would leave any child wondering, “Why did this happen to my family?”

“I honestly feel that no one should have to endure what my family and I have gone through…” she writes. “… However, as horrible as some of my life’s experiences have been, I try to extract some good out of them. I realize that the family I do have I must cherish with all my heart and we continue to grow closer every day.”

Pamela is in the top 15 percent of her class and a member of the varsity cheerleading and track teams; Key Club, National Honor Society and History Club. She is also Secretary of Concert Choir and a Youth Rotary Scholar.

There is another winner this year: Alison Bixby, a student at Thomas Edison High School in Elmira. I’ll post another entry telling more about Alison.

Both winners deserve recognition for their ability to excel and not dwell on the past.

A description of the ZiffLaw Overcoming Adversity Scholarship and an application is available on the Community Foundation website. If you know of a deserving student, please encourage him or her to apply for next year’s scholarship.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Alison Bixby is an exceptional student. A senior at Thomas Edison High School in Elmira, she is the salutatorian of her class and senior class president. She is a member of the cheerleading team, a Junior Rotarian, and a past president and secretary of her class. Alison has also contributed many volunteer hours at Arnot Ogden Medical Center in Elmira.

What may not be obvious about Alison is that she has had overcome personal adversity to accomplish all of this. “I think that the events in my life have only made me a stronger, more compassionate person,” she writes.

Alison is a winner of a $1,000 ZiffLaw Overcoming Adversity Scholarship. The scholarship is awarded annually to local high school students who have overcome significant personal hardship. It is administered by the Community Foundation of Elmira-Corning and the Finger Lakes.

(There is an additional winner this year – Pamela Miller, a senior at Southside High School. Pamela’s story is detailed in another post.)

Alison plans to study nursing and describes her goal as to become a geriatric nurse practioner. I think it’s a rare thing for a young person to say they want to help those who have had a long life. Alison says she feels that she “can give the one-on-one patient care that is needed at this age and build wonderful relationships.”

It’s a very good feeling to contribute to such a goal, especially one from a deserving, hardworking student.

If you know of a student who has prevailed despite adversity, encourage him or her to apply for the ZiffLaw Overcoming Adversity Scholarship. A complete description of the criteria for the award, as well as an application, is available on the Community Foundation website, www.communityfund.org.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

I’d like to introduce you to someone we’ve all been hearing about lately – and that we are all going to get to know in some form or other (as a boon or a debt): a TRILLION dollars.

It’s the scale of money, big, big money that is being distributed in the stimulus and bailout packages by the U.S. government to jump-start our flagging economy.

Some things and concepts are so colossal, it’s difficult to wrap your mind around them. Like the distance to the sun, or the speed of light.

To help you wrap your mind around the size of the stimulus and bailout programs, I found the following descriptions of a trillion bucks:

• First of all, remember that a trillion dollars is a million, million dollars. Written out, it looks like this: 1,000,000,000,000. (Probably easier to stick to using just “trillion”.)

• A trillion dollars has a bit of a weight problem. In one dollar bills, it would weigh about 1.1 million tons. If you were using 100 dollar bills it would weigh about 11 thousands tons.

• A trillion dollars is one tall drink of water. It would take a military jet – flying at the speed of sound, reeling out a roll of dollar bills behind it, 14 years before it reeled out 1 trillion.

• A trillion dollars requires quite a commitment. You could earn a dollar a second for 32,000 years and still not quite earn a trillion.

• At Pagetutor.com, you can see a really fun visualization of a trillion dollars, created with Google Sketchup, a 3-D modeling program.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

The New York State Governor’s Traffic Safety Committee makes a great point about bicycles on their website, SafeNY.com – because most people receive bikes as kids, there is an ongoing perception that bicycles are toys.

When you ride a bike on the road, however, it’s not a plaything. It’s a mode of transportation, subject to rules just like other vehicles. Under N.Y. law, bicyclists have the same rights and obligations of someone driving a car. That means, a bike has the right to use the entire road but it also means that the bicyclist has the same obligations of obeying the traffic laws of the state of New York.

Despite the fact that bike riders have the legal right to use the road, cyclists must be especially careful because they are very vulnerable in traffic. SUV vs. SUV could be a fender-bender, but what happens in the case of SUV vs. bicycle? The most likely result would be serious injury to the bicyclist.

As a NY and PA personal injury attorney and an avid bicyclist, I’m very aware of the issues and dangers surrounding bicycling on the roads in our region. And, since summer will soon be here, I thought a refresher about bicycle safety was in order:

• Wear a helmet. No duh, I know, and if you’re over 14, it’s not required by law. It’s tempting to give it a pass on a ride in a low traffic area, a hot day or anytime you’d rather not arrive at a destination with sweaty hair. OK, but even if you aren’t worried about your own brain, think about kids – any kid that sees you sans headgear is going to store that image away as proof that adults don’t think it’s necessary to follow the safest advice – why should he or she?

• Don’t let familiarity breed carelessness. You’ve heard that saying, most accidents occur within 5 miles of the victims’ homes? I haven’t seen statistics lately to prove it, but it makes sense. If your body knows the route, your mind can start to wander and that’s going to cut down your reaction time if something does go wrong.

• Give your bike a safety tune up. The New York State Vehicle and Traffic Law has a list of requirements for a road-worthy bike in New York. It includes braking ability, a horn or other warning sound maker, and specifics about reflectors and lights. When you are getting your bike ready to hit the road, check the safety features as well as the tire pressure.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

We just came out of one cold, bitter winter. There were times it felt as if spring would never get here.

But now that there’s more sun, more warmth and even small signs of green, there have been news stories about some who maybe weren’t ready to let go of cold-weather fun.

An ‘idiotic’ risk

In February, about 135 ice fisherman were trapped on an 8-mile-wide ice floe that broke away from Lake Erie’s shoreline. The island of ice trapped the men, one of whom fell into the water and later died. A local sheriff called the fishermen’s actions – given warming temperatures and the fragile ice – “idiotic.”

Closer to home, on March 7, a local man fell through the ice on a pond while ice fishing in Horseheads. He was in the water for an hour before phone company workers happened to hear his cries for help. WETM reported on the story – the man recovered, but he had hypothermia and a separated shoulder from his efforts to climb out of the water.

I came across a great primer about what to do if you fall through ice, at the Wired How-To Wiki, a collection of user-contributed instructions on how to do just about anything better. Anyone can add or edit the instructions listed there.

What to do if the ice breaks

Ala “Worst Case Scenario,” these are the four basics to remember if you fall through ice:

1. Don’t hyperventilate
2. Orient yourself
3. Lift and kick
4. Recover

The wiki goes into greater detail about each step – for instance, did you think about how you should get back to shore? You should “log roll” to keep your weight widely distributed.

Check it out, stay safe, enjoy the sun – and hang up the ice-fishing pole until next winter.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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The Elmira Police Department has a great new feature on their website that could make a big difference in how the public interacts with and perceives the department.

“Daily Activity Logs” allow anyone with Internet access to look at the last two weeks of Elmira Police Department incident records. The department has always had a daily activity log, a record of all incidents reported a 24-hour period beginning at midnight. With this new online service, the logs are available to view online for 14 days.

What’s on the log sheet

1. The incident blotter number - a reference anyone can use when calling the department to share information about the incident or to find out more.
2. The date and time the call was received.
3. Type of call – whether it was a traffic stop, a disturbance, larceny or other type of incident.
4. The number of the responding police unit.
5. The location of the incident.
6. This is very important – how YOU can report suspicious activity by calling 271-HALT or visiting www.271halt.com.

I applaud the Elmira Police Department’s effort to involve the public by sharing more information. Sharing these day-to-day details so quickly with the community will serve to make more residents a part of the effort to control crime in Elmira. Part of the department’s stated values is “achieving excellence in our services in our citizens through community-based, proactive policing.”

As Deputy Police Chief David Gardner said in the WETM story “New Elmira Police Service” (also pasted below), “Our community is our eyes and ears.”

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

New Elmira Police Service

Reported by: Naveen Dhaliwal
Last Update: 3/12 8:05 pm

ELMIRA – A new Elmira police web service will now allow you to keep a closer eye on what the department is doing.

There’s a new section on the police department’s website called Daily Activity Logs.

Every time an officer is sent to an incident they write a report or a log. Each log is assigned a blotter number. If anyone wants more information, they can request it through the police department using that number.

Officials say this service will reduce the workload for officers. They are also hoping people will step forward and provide more information to help their investigations.

“Our community is our eyes and ears. There’s usually between six and eight officers out there on the streets at any given time, but it’s a city, so we can’t be everywhere at the same time,” says Deputy Police Chief David Gardner.

The daily logs will remain on the website for two weeks.

You can find them at: www.cityofelmira.net/police/blotter.html.

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