Di Bartolomeo Law Office - February 2020

Makin’ It Better NEWSLETTER

February 2020

Oregon Workers’ Compensation | Personal Injury | Social Security Disability

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


Celebrating Leap Day’s Unique and Storied History

What would you do with one extra day? Every four years, we are confronted with that very question. The first leap day originated in 46 B.C. when Julius Caesar learned from the astronomer Sosigenes of Alexandria that the 355- day Roman calendar was about 10 1/4 days shorter than the solar calendar. He introduced the 365-day Julian calendar and added an intercalary day — leap day — every four years to cover the extra 1/4 day. It wouldn’t be for another 200 years that astronomers would discover the calendar system was still about 5 hours, 48 minutes, and 46 seconds short. It would last this way until 1582 when Pope Gregory XIII introduced a better method for calculating leap year. This method has become the system we use today, and it led to Feb. 29 being the standard leap day. Since then, we make up for lost time with one “free” day every four years. Folklore and superstitions surrounding leap day have continued to be passed down throughout history. Here are just a few of the quirkiest and most interesting stories about this phenomenon.

waiting impatiently for their men to make a commitment. St. Patrick, ever the generous man, agreed to allow women one day every four years when they could propose to their beaus. Thus, leap day became known as “Bachelor’s Day” for many Europeans. Some legends claim that if the man refused, he would have to buy the woman silk or furs, which might have been reason enough for women to pop the question in the first place. Historians believe this leap day tradition inspired Sadie Hawkins dances in the U.S. during which girls are encouraged to ask boys to accompany them to the dance. THE DARK SIDE OF LEAP DAY Many people view leap day and leap years as bad omens. For example, many Greeks believe marrying during a leap year is bad luck, so much so that USA Today predicts as many as 1 in 5 Greek couples avoid marrying during those years. But the dark history of leap day may have more weight than old superstitions. The first arrest warrant during the dramatic and deadly saga of the Salem Witch Trials was issued on Feb. 29, 1692. The trails would end in May 1693, but by then, more than 200 people had been accused of witchcraft, 30 of those were tried in court, and 19 people were killed. HAPPY BIRTHDAY, LEAPLINGS! … UNLESS IT’S THE YEAR 3000 The odds of being born on a leap day are relatively good, at 1 in 1,461 chances. Every four years, “leaplings,” as they are

affectionately called, enjoy a “real” birthday along with the more than 4 million people who share a birthday with them. In Norway, one family celebrates three siblings who were all born on leap day. The Henriksen siblings, Heidi, born in 1960; Olav, born in 1964; and Leif-Martin, born 1968, share this birthday every four years. They were joined by the Utah-based Estes family in 2012, who are raising leaplings born in 2004, 2008, and 2012. And, despite how few birthdays leaplings get, some have even fewer. Leap day may appear to happen every four years, but that isn’t always the case. In general, leap year does not happen during years that are divisible by 100. The only exception is if the year is also divisible by 400. So, the years 1600 and 2000 had leap days, but the years 1700, 1800, and 1900 did not. Likewise, in the year 3000, for example, we won’t celebrate an extra day in February. Luckily, 2020 will have this unique and special day. The question is, how will you celebrate?


Legend claims that in 1288, St. Bridget approached St. Patrick with a unique problem. It was customary for men to propose to women, leaving many women

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

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THE MOON ISN’T MADE OF CHEESE? The Story Behind the Myth

We’ve all heard the silly statement before: “The moon is made of cheese!” Although we may not fall for it as adults, when we were children, our eyes twinkled with possibility as we gazed up at the full moon and wondered if it really could be made of cheese. While science says no, it’s still an entertaining phrase that holds a valuable lesson for adults and children alike. The motif first appeared in folklore during the High Middle Ages as a proverb invented by a French rabbi. The full phrase is actually “The moon is made of green cheese,” and serves to warn against the dangers of credulity, or the willingness to believe in things that aren’t based on reasonable proof or knowledge. The simplest version of the phrase’s origin tells of a cunning fox that advised a starving wolf to search for food among humans.

The wolf listened, and he was attacked by the humans. The wolf escaped, and in his fury, he attempted to kill the fox. To save himself, the fox promised the wolf that he’d show him the location of an abundant food supply. That night, under the light of a full moon, the fox led the wolf to a well and pointed to the reflection of the full moon on the water’s surface deep in the well, claiming it was cheese. The hungry wolf jumped into the well to eat the cheese, forever trapping himself. Thus, the fox successfully escaped the wolf’s wrath. As with any ancient proverb, variations of the story have developed over time, but its message has remained the same: Don’t believe everything you’re told. In today’s world of oversaturated information and advice, this is a valuable tip to follow, no matter what age you are.

IN LOVE ANDWORKERS’ COMP Don’t Settle for Less


In matters of both love and workers’ compensation, people worry about “settling.” No one wants to end up with the wrong fit for their long-term needs, but they also don’t want to let a potentially great match pass them by. While we don’t claim to be experts on romance here at the DiBartolomeo Law Office, we are pretty darn good matchmakers when it comes to injury claims. Here are some of the questions we ask when determining whether an offer is a good fit or a settlement you’ll quickly fall out of love with.

does it account for the totality of your injuries? Just as you wouldn’t want a Valentine who only cares for some of your qualities, you don’t want a settlement that only cares for part of your medical problems and expenses.

This is more than a generic “speed dating” question where workers’ compensation is concerned. Having a plan for your future is key to knowing whether a settlement is actually a good fit. If you can never be gainfully employed again due to your injury or need expensive medical treatments periodically for the rest of your life, the offer the insurance company makes must reflect these realities. A settlement isn’t a one- time windfall; it’s a long-term relationship. Terms and conditions can be complicated when examining a settlement. If you need a wingman to help you understand if you’re getting the offer you deserve, give us a call at 503-325-8600.


Settlements, much like relationships, involve some degree of compromise. This isn’t necessarily a bad thing, but it’s important to know what you’re getting into before you commit — what may be a good deal for one person might be a no- go for you. Take a look at what benefits aren’t included in your settlement: Could you use vocational training? Will you be compensated for traveling for medical treatments? You should make sure any settlement covers your needs.


The problem with any workers’ compensation settlement offer is that most people don’t know what they’re being asked to give up. Sure, the proposal might look good on paper, but

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

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Auto accident claims exist to help protect us from any kind of negligent driver out on the road. Whether someone made an honest mistake or committed an illegal act, like driving under the influence, they (or their insurance) can be held accountable for the injuries they’ve caused. However, when alcohol plays a role in an Oregon accident, it creates some added elements of which you should be aware. If you’ve been injured by a drunk driver, one important aspect can work in your favor: Juries are less forgiving of this negligent behavior. Even if the injuries you’ve sustained are similar to those a sober individual may have caused you to suffer, the court will often take a firmer hand with cases involving intoxication. Anyone can make a mistake behind the wheel, but driving drunk is a selfish choice, one that juries are rarely, if ever, sympathetic toward. Take this into account if their insurance company has offered you a settlement for your injuries. THE JURY

evidence” of the drink provider’s culpability, but under the right circumstances, they can be very effective. They hold bars, party hosts, and others accountable — hopefully ensuring they do their part to prevent their patrons from getting behind the wheel in the future. If you plan on making an injury claim against an alcohol provider, you must give them six months’ notice in order to give them time to respond. On top of your injury claim, a driver accused of intoxicated driving will also face criminal charges. While this case is largely between the driver and the state of Oregon, the evidence gathered during the criminal investigation and the trial’s verdict can vastly impact your personal injury case. The other driver can’t claim they were not negligent if they’ve already been proven guilty of driving under the influence in a court of law. THE CRIMINAL CASE


The intoxicated driver who injured you may not be the only entity you have a claim against. Oregon allows for claims against the “provider of alcohol” in cases where you can prove the business or person provided the driver with alcohol while they were “visibly intoxicated.” These “dram shop” claims require “clear and convincing

VEGAN BANANA PANCAKES Inspired by My Darling Vegan


• 1 1/2 cups flour • 2 1/2 tsp baking powder • 1/2 tsp salt • 2 extra ripe bananas, mashed • 1 cup soy milk

• 2 tbsp maple syrup • 2 tbsp coconut oil, melted • 1 tsp vanilla extract • Cooking spray


1. In a small bowl, combine flour, baking powder, and salt. 2. In a separate bowl, whisk bananas, soy milk, maple syrup, oil, and vanilla together. 3. Add dry ingredients to wet ingredients and stir. Don’t overmix. Lumps are okay. 4. Spray a heated pancake griddle with cooking spray, and scoop 1/4 cup of the mixture onto the griddle. Repeat until the griddle is filled. 5. After 3 minutes or when bubbles appear, flip each pancake. 6. After each pancake has risen to double its initial height, remove from griddle. Repeat as necessary until batter is gone. 7. Serve with your favorite toppings!

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


1139 Exchange St. Astoria, OR 97103

What’s Inside


How Will You Celebrate Leap Day?


A Cheesy Myth About the Moon

Afraid of ‘Settling?’


DUIs and Injury Claims

Vegan Banana Pancakes


Products for Better Pictures



Chances are, a few months ago you or someone you love exclaimed, “I can’t believe the year’s already over!” Time really does fly, so why not capture the best moments of 2020 before it’s gone? Whether you’re a budding photographer or just looking to take your Instagram game to the next level, these products will help you snap crisp pics of all of your adventures. If you’ve dreamed of getting serious about photography but have been intimidated by all the pricey gear, this is the camera for you! Lightweight and packing a 24.2-megapixel sensor, the D3500 embodies everything an entry- level camera should be: high-quality and simple. While it may not have all the bells and whistles of cutting-edge models, it does have a much more affordable price tag. Easy to handle and extremely forgiving in low-light conditions, this camera is perfect for exploring the fundamentals of photography without breaking the bank. GOING PRO WITH THE NIKON D3500

If you have an iPhone and just want to get the most out of its built-in camera, then great photos are just a download away. Halide is an app that brings professional-level control and detail to your device without any added hardware by providing you with digital tools, such as more granular focus and exposure controls, that let you capture your ideal image. Better still, the app lets you save photos as RAW files, meaning they aren’t compressed like JPEGs. Download Halide on the App Store today; at only $6.99, your wallet will thank you.


Classic movies aren’t the only thing getting rebooted. FujiFilm is bringing back the simple joy of instant photography with film-fed cameras that can snap and print with ease. The Mini 9 is by far their most affordable option, leaving you with more cash to spend on film. Sure, the image quality takes a hit, but that just adds to the retro feel of the images!

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

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