Firm Celebrates 5th Year Anniversary

April 2, 2007, marked Scott Fegley’s fifth year anniversary in solo practice.  In the past five years, Mr. Fegley has assisted over 300 individuals and businesses in a variety of civil matters from automobile accidents to zoning.  Marking the anniversary, Mr. Fegley will appear on the cover of the May issue of the Lower Bucks Chamber of Commerce Outlook Magazine which will include an inside feature article.

"It has been very rewarding."  Mr. Fegley said. "I take a great deal of personal satisfaction from helping a client resolve a legal problem.  In a few cases, what I was able to do for the client was life changing.  As a lawyer, it doesn’t get any better than that."

Are You in Good Hands?

Scott Fegley recently represented a single mother involved in an automobile accident in April 2002.  She was hit nearly head-on in her own traffic lane when another driver went too fast around a curve and crossed over a grass median strip.

The other driver was insured by Allstate.  Although Allstate did not contest their driver’s responsibility for the accident, they refused to pay any damages because the client elected the limited tort threshold for her automobile insurance.  Limited tort prevents a person from recovering damages for pain and suffering unless they demonstrate a serious impairment to a body function.  Because the client had limited medical coverage and worked two jobs, she did not receive much in the way of medical treatment.  However, she continued to suffer from nagging back pain that limited her ability to perform her normal activities at work and around her home.

At the arbitration, the arbitrators found in favor of the client, but awarded her only $5,000.00.  Allstate appealed.  Allstate even refused to pay for the client’s car rental expenses and a few unpaid medical bills.  The case went to trial in Bucks County on January 3, 2007.  The jury returned a verdict of $26,000.00 for the client.  With interest added to the award, the judgment came to nearly $28,000.00.

Allstate paid the judgment, but after the check was deposited, it was returned for insufficient funds.  Allstate's second check finally cleared. 

What to Consider When Deciding Whether to Disclose a Medical Condition to Your Employer

Most of us rightly feel our employer has no business knowing our medical history.  The law requires employers to keep medical information separate from regular personnel files and restrict access to only those who need to know.  Still, many people are reluctant to inform their employer about an illness, especially a mental illness, out of fear of being viewed as somehow less qualified and unreliable. 

Nevertheless, there are occasions when you need to inform your employer of a medical condition to assure you receive protection under applicable employment laws.  This is particularly true if the condition has impacted your work performance.  The law does not prevent an employer who is not aware of an employee's illness from terminating employment because of poor performance or excessive absence.  Consider notifying your employer if you believe a medical condition may negatively impact your job.  Disclosure may require your employer to reasonably accommodate you with time off, flexible scheduling, or other measures. The Family Medical Leave Act and the Americans With Disabilities Act are the primary laws that afford protection to an employee coping with a serious medical condition.  Because of these laws, employers must give employees an opportunity to cope with an illness and, hopefully, return to productive employment.

If your medical condition is such that, treated or untreated, you can function normally in your job, there is no reason to immediately disclose the condition to your employer.  However, a written or oral warning from an employer regarding poor work performance or excessive lateness or absence may be a signal that it is time to disclose.  Once your employment is terminated, disclosure of a medical condition will not get you your job back.