While the Bureau of Alcohol, Tobacco, Firearms, and Explosives has not released the 2010 statistics, the 2009 statistics reflect the following as being the most cited violations: 1. Not Making Timely A&D Book Entries - 27 C.F.R 478.125(e) - (25/100) 2. Transferee Not Properly Completing Part A, Form 4473 - 27 C.F.R 478.124 - (20/100) … Continue reading What are the Most Frequently Cited Violations for an FFL?
As an FFL, Do You Need to Enter a Firearm into Your A&D Book if You are Performing an Appraisal?
Occasionally, a Federal Firearms Licensee (FFL) will inquire as to whether he/she must enter a firearm into his/her Acquisition and Disposition Book (A&D Book) if he/she is merely performing an appraisal of a firearm. The answer is that it depends. If the firearm is being appraised immediately or where the firearm will not be left … Continue reading As an FFL, Do You Need to Enter a Firearm into Your A&D Book if You are Performing an Appraisal?
New Standard for Suspension of WC Benefits when Claimant Receives a Pension
In 2005 the Commonwealth Court held that an employee collecting a pension is presumed to have withdrawn from the work force. Under this rule, the court held that it was ” the responsibility of the claimant to rebut this presumption with evidence that he has continued to work or with evidence that he has been … Continue reading New Standard for Suspension of WC Benefits when Claimant Receives a Pension
PA Supreme Court’s Decision on Attorney/Client Privilege and How It May Limit Questioning in a Workers’ Compensation Case
On February 23, 2011, the Pennsylvania Supreme Court in Gillard v.AIG Insurance Co., No. 10 EAP 2010, 2011 WL 550552, reviewed 42 Pa.C.S. 5928 to determine the narrowness or breadth of attorney-client privilege in Pennsylvania. The Supreme Court found that the attorney-client privilege “operates in a two-way fashion” which protects both client-to-attorney and attorney-to-client communications. Specifically, the Court held, … Continue reading PA Supreme Court’s Decision on Attorney/Client Privilege and How It May Limit Questioning in a Workers’ Compensation Case
Workers’ Compensation Fraud: myth or reality?
Anyone who’s been on workers’ compensation knows it’s no bonanza. First and foremost, an injured worker can’t sue his employer, so huge punitive awards or pain and suffering damages are simply out of the question. Second, the insurance company has a toolbox full of ways to stop or reduce the little compensation an injured worker … Continue reading Workers’ Compensation Fraud: myth or reality?
SSD Benefits vs. Early Retirement Benefits
Many people who are approaching the early retirement age of 62 are unable to continue their employment due to a physical or mental condition. Typically, they just take the early retirement, and never consider the possibility of Social Security disability. However, disability benefits are preferable to early retirement benefits. Disability benefits are paid at the … Continue reading SSD Benefits vs. Early Retirement Benefits
DUI Court in Berks County Sentences to Electronic Monitoring for Mandatory Minimum Sentence
Judge John A. Boccabella, in the case of Commonwealth v. Henderson, 103 Berks Co. L. Journal 122 (January 13, 2011), sentenced a DUI defendant to 90 days to 5 years with a special condition that, in lieu of incarceration, the defendant be placed on electronic monitoring for 90 days. The Commonwealth appealed the sentence, raising the issue … Continue reading DUI Court in Berks County Sentences to Electronic Monitoring for Mandatory Minimum Sentence
Not All Burglaries Are Created Equal: Burglaries Are Not Necessarily Disqualifying For RRRI (Recidivism Risk Reduction Incentive) Consideration
In the recent case of Com. v. Abraham Gonzalez (687 EDA 2009 (PA Superior Ct., Dec. 13, 2010), a panel of the Superior Court ruled that burglaries on the record of an individual being sentenced to a state sentence are not necessarily disqualifying under the “past violent behavior” disability of the Recidivism Risk Reduction Incentive (RRRI) Statute … Continue reading Not All Burglaries Are Created Equal: Burglaries Are Not Necessarily Disqualifying For RRRI (Recidivism Risk Reduction Incentive) Consideration
Com.v. Sarapa , —A.3d.—, 2011 WL 198461, 2011 PA Super 18 (Pa.Super.,Jan.24, 2011): The Availability of County IPP for DUI Offenders with Mandatory Sentences
On January 24, 2011, the Superior Court handed down a decision holding that county IPP plans may not arbitrarily ban certain types of defendants from the program if the defendants have not been made ineligible by the Legislature. In Sarapa, the defendant had been sentenced to ninety days to 23 months for her plea to DUI-highest rate and … Continue reading Com.v. Sarapa , —A.3d.—, 2011 WL 198461, 2011 PA Super 18 (Pa.Super.,Jan.24, 2011): The Availability of County IPP for DUI Offenders with Mandatory Sentences
Commonwealth Court Brings Clarity to Hearing Loss
The Commonwealth Court has handed down three new cases interpreting the 1995 amendments to the PA Workers’ Compensation Act (the Act) governing the compensability of hearing loss. These 1995 changes are commonly referred to as Act 1 of 1995. The new cases bring new clarity to certain aspects of the law. In the first case, … Continue reading Commonwealth Court Brings Clarity to Hearing Loss
