DiBartolomeo Law Offices - April 2019

DiBartolomeo Law Offices - April 2019

Makin’ It Better NEWSLETTER

April 2019

Oregon Workers’ Compensation | Personal Injury | Social Security Disability

1139 Exchange St., Astoria, OR 97103 • 503-325-8600 • JoeDiBartolomeo.com

THE LIFE AND TIMES OF GEORGE P. BURDELL

One of the Most Elaborate Pranks in History

Whether April Fools’ Day is a time-honored western tradition or a tired, unfunny festival of eyerolls depends on who you ask. Ask the mom who just got blasted with water via the old “rubber band on the sink sprayer” trick, and you’ll probably find it’s the latter. But ask the kid who planted the trap, and you’ll get a hearty, cackling endorsement. Even if you’re sick of watching your back on April Fools’ Day and tired of the corporate cash grabs masquerading as (mostly) bad jokes that pop up like clockwork every year, you still have to give it up for the classics. Even the most bitter among us must admit that some pranks are so clever, elaborate, and inspired that they deserve their place in the annals of history. The name “George P. Burdell” will certainly reverberate through the hall of hoaxes for decades to come. Never make a clerical error with a young student who has too much time on his hands. In 1927, when William Edgar Smith was mistakenly sent a second enrollment form for the Georgia Institute of Technology, he had an idea. Combining the name of his then- principal, George P. Butler, with Burdell, the maiden name of his best friend’s mother, he enrolled the fictitious George P. Burdell in the prestigious university. Next, Smith signed Burdell up for all his same classes and, for the next four years, completed every bit of his schoolwork twice GEORGE COMES TO LIFE

— once under his own name and once under Burdell’s, changing a few details here and there and varying his handwriting slightly so as not to raise suspicion. Somehow, despite the fact that Mr. Burdell never once attended a day of class, he managed to secure his B.S. in Civil Engineering in 1930. Soon after, he continued on to his master’s degree. At some point, George P. Burdell morphed from an elaborate practical joke into a bona fide legend with countless copycat pranks to his name. One of the most famous came early on, when a truckload of furniture arrived “collect on delivery” to a Georgia Tech fraternity, addressed to one George P. Burdell. Apparently, a freshman had felt snubbed by the frat and decided to get even. Burdell was continually enrolled in the school by loyal fans for decades. In 1969, Georgia Tech computerized the registration process, but intrepid hackers found a way to enroll him in every single class offered at the school that quarter. The man was unstoppable. Members of the armed forces carried on the Burdell hoax, and Private Burdell began to appear all over the world in

to operations officer and put the kibosh on his service. Burdell wed the fictional Agnes Scott student Ramona Cartwright in 1958, served on the board of directors for Mad magazine, and was nearly voted the 2001 Time Person of the Year before the magazine removed him from consideration. Barack Obama even did his part to further the myth. While giving a speech at the school in 2015, he began “Now, I understand George P. Burdell was supposed to introduce me today — but nobody could find him!” The only thing more impressive than Mr. Burdell’s abundant achievements is his fans’ dedication to keeping him alive. You may think your buddies’ inside jokes are long- running — this one practically willed a human into existence. Today, people always seem to be on the lookout for Burdell, paging him at the airport or during football games. Even in his ripe old age, he still has time to be the production assistant on “South Park” and read thousands upon thousands of magazines during his spare moments. Wherever he is, we can only wish him well and hope that all the would-be pranksters out there take a note from William Edgar Smith’s playbook this April Fools’ Day.

dozens of conflicts. He even flew 12 missions in a B-17 bomber over Europe in the 8th Air Force until a Georgia Tech graduate was promoted

After all, if you’re truly dedicated to your craft, what’s 70-plus years?

The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com

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THE SULTAN OF SWAT! THE KING OF CRASH! THE COLOSSUS OF CLOUT! THE GREAT BAMBINO! The Legend of Babe Ruth

On April 27, 1947, the New York Yankees hosted the first Babe Ruth Day to honor the ailing baseball star, who had terminal throat cancer. As he rose to give a speech for the 58,339 fans in the stadium, Ruth’s condition caused him to have a coughing fit. With the thunderous cheers from the stands encouraging him to continue, he lovingly spoke to the thousands of people who had followed his career from his early years as a free-spirited Baltimore school kid to the world-renowned baseball legend he became. Even legends have to start somewhere, and Ruth began his baseball career in the minor league Baltimore Orioles, where his teammates gave him the nickname “Babe.” He was soon acquired by the Boston Red Sox, and he helped them win the World Series in 1916 and 1918. The following year, he was traded to the Yankees.

His popularity in the Big Apple allowed the Yankees to move from a shared ballpark to one of their own in the Bronx, which was aptly known as “The House That Ruth Built.” Even through the 1919 World Series gambling debacle, which cast doubt over the sport’s future, the fans’ attention was still centered on the Sultan of Swat and what he would do next. The New York Times reported that as “home runs began to scale off his bat in droves, crowds jammed ballparks in every city in which he appeared.” All those home runs resulted in his record-breaking year in 1927, when he hit 60 over-the-fence home runs in a single season. While his home run record was eventually broken in 1961, the continued celebration of Babe Ruth Day keeps his love for the game and unmatched ability alive. To quote the classic baseball film “The Sandlot,” “Heroes get remembered, but legends never die.” In the Great Bambino’s case, the legend of his baseball career has survived for over a century and will continue to do so for decades to come.

UNDERSTANDING

Third-Party Claims

WHAT IS A THIRD-PARTY CLAIM? A third-party claim occurs when you are injured on the job by someone who isn’t an employer or coworker. For example, let’s say that during your shift you are asked to run an errand. While driving across town, you’re rear ended by a negligent driver, suffering injuries to your neck and spine. Normally this accident would be a straightforward personal injury claim, but because it happened while you were working, your employer’s insurance will be involved in the claims process as well. This wrinkle makes things a bit more complex. WHO REIMBURSES WHAT? In a personal injury claim, the at-fault party would normally be responsible for reimbursing you for your medical expenses and lost income. However, because you were on the job, these damages are covered by your workers’ compensation carrier. It is up to your carrier to pursue the person who injured you for reimbursement of these costs. In effect, both you and your employer’s insurance company can have a claim against the negligent third party.

third party. While this can sound like a simple win-win, we almost always advise clients to pursue their side of the claim on their own. That’s because, at the end of the day, the carrier doesn’t work for you — their primary interest is recouping their own damages. Your best chance of recovering all your losses is to pursue the claim on your own. Sometimes you will be able to claim losses workers’ comp did not provide, like compensation for the loss of your health and quality of life. WHAT HAPPENS IF I PURSUE THE CLAIM ON MY OWN? By and large, pursuing your end of a third-party claim is like any other personal injury case, with a few exceptions. Specifically, you must keep the workers’ compensation carrier updated on the claim, and you cannot settle the case without their permission. Also, you’ll need to include any medical expenses and lost income that the workers’ comp carrier provided you as part of your claim. If you recover expenses the workers’ comp carrier paid on your behalf, you must reimburse the workers’ comp carrier out of your settlement for those benefits. If you have any questions about a third-party claim, give us a call at 503-325-8600. We have handled many third-party claims all the way through trial and help people with these issues all the time.

SO, CAN I LET MY WORKERS’ COMP CARRIER PURSUE MY CLAIM FOR ME?

Your workers’ compensation carrier will often offer to pursue your claim for you since they themselves will also be filing against the

The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com

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IMES AREN’T REALLY ‘INDEPENDENT.’ As it stands, insurance companies choose the doctors who conduct IMEs and pay for the exam to take place. While they certainly aren’t paying for a doctor to misrepresent medical evidence (that would be illegal), there’s nothing preventing carriers from sending you to physicians known for very conservative evaluations. In turn, a doctor hoping to receive more work from insurance companies certainly isn’t going to go out of their way to prove the company should be paying your medical bills. If your claim was denied due to the assessment from an IME and your physician disagrees with the IME’s findings, you can appeal the decision. You only have 60 days after receiving the denial to do so, so it’s important you act quickly. An experienced Oregon workers’ compensation attorney, like Joe DiBartolomeo, can help you understand the appeals process and plan your next step forward. Please don’t hesitate to give us a call. WHAT HAPPENS IF THE DOCTOR AND THE IME DISAGREE?

If you’re injured on the job in Oregon, you’ll most likely be asked to have an independent medical examination, or IME. This medical exam is carried out by a physician hired by your workers’ compensation carrier to evaluate your injuries. This medical professional will then report to your carrier with their assessment of the severity of your injuries and whether or not these injuries are work-related. Since an IME is involved in almost every Oregon workers’ compensation claim, it’s important that employees know what to expect. IMES ARE MANDATORY. First and foremost, these exams are required for your claim to move forward. In fact, your workers’ compensation carrier has the right to request up to three IMEs during your claim’s open period. Failure to show up for one of these appointments can result in the suspension of your benefits, so always communicate with your carrier ahead of time if you need to reschedule. IMES ARE NOT TREATMENT. Unlike when you regularly visit a doctor, the physician conducting your IME is not there to provide treatment. Their one job is to observe your injuries and provide your carrier with their observations. They may ask you questions about how you feel, when signs of your injury first occurred, and the kinds of medical treatment you have received. It’s vital that you are honest with your answers, even if discussing your injuries makes you uncomfortable.

EASY BACON AND Ingredients SPINACH STIR-FRY Inspired by OhSnapLetsEat.com

• 3 slices bacon • 3 cloves garlic, coarsely chopped • 2 bunches spinach • 1 teaspoon crushed red pepper • Salt and black pepper, to taste

Directions

1. Heat a large skillet to medium. 2. While skillet is warming, cut bacon into squares. 3. Cook bacon until fat is rendered and bacon is almost to your desired doneness. If desired, you can remove bacon fat from skillet and replace with 1 tablespoon oil. However, keeping the fat is recommended for flavor. 4. Add garlic and cook for 1–2 minutes. 5. Add spinach and crushed red pepper and stir-fry for 10 minutes. 6. Season with salt and pepper, and serve.

The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com

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503-325-8600 JoeDiBartolomeo.com

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1139 Exchange St. Astoria, OR 97103

What’s Inside

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The Ballad of George P. Burdell

April 27 Is National Babe Ruth Day!

Third-Party Claims FAQ

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How IMEs Affect Your Claim

Easy Bacon and Spinach Stir-Fry

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The Importance of Rain to the Survival of Cultures

DANCING TO BRING THE RAIN THE HISTORY AND CULTURAL SIGNIFICANCE OF NATIVE AMERICAN RAIN DANCES

While traditions and dances vary between Native American tribes, many of them feature rain dances. Because water is essential to life, and because many tribes lived in agrarian societies, these dances were important rituals, pleas for the survival of the tribe for another season. These dances have existed for hundreds of years, and many tribes still perform them today. Rain dances are notably common in the Southwestern U.S., where the dry climate means water is scarce and every bit of rainfall is essential for survival. Generally, rain dances are performed to ask the spirits or gods to send rain for the crops. Tribes such as the Hopi, Navajo, Pueblo, and Mojave perform rain dances often. An old Cherokee legend says that the rain

is filled with the spirits of past chiefs, and the rain is an indication of their battle with evil spirits beyond the natural world. One interesting fact about rain dances is that both men and women — not just men — participate in the ceremony. Dancers wear special regalia, sometimes including headdresses, masks, body paints, and jewelry. What is worn varies from tribe to tribe, but turquoise is very important in rain dances for many tribes and is often incorporated into the jewelry. The rain dance regalia is not worn at any other point or for any other purpose during the year, and participants dance in a zigzag pattern, unlike all other dances, which feature a circular motion. In the 19th and early 20th centuries, when the U.S. government was relocating Native Americans all over the country, they banned the practice of many ceremonial dances on reservations, sometimes including rain dances. However, rain dances continued undercover: Native Americans simply performed the ritual as a different, unbanned ceremony. The dances and the traditions continued, and today many tribes still perform rain dances, even if only in reverence for their heritage.

The Di Bartolomeo Law Office, P.C. 1139 Exchange Street | Astoria, Oregon | 503-325-8600 | www.JoeDiBartolomeo.com

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