Di Bartolomeo Law Office - May 2020

Makin’ It Better NEWSLETTER

May 2020

Oregon Workers’ Compensation | Personal Injury | Social Security Disability

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


Celebrating May’s Impact on the English Language

There are many reasons to celebrate in May. With thanking mothers, honoring those who gave the ultimate sacrifice for their country, and embarking on postgraduation adventures, there’s no shortage of importance when it comes to May. And the English language makes this pretty clear. Check out these unique facts about English words or phrases that use the word “may.” AVOIDING MAYDAY ON MAY DAY About 100 years ago, the English and French faced quite a dilemma. As aircraft paths were more frequently crossing the English Channel, the countries needed to develop a distress signal that could be easily distinguished over the radio. While SOS was commonly used by armies across the globe as a sign of mayhem, “S” sounds were hard to hear over the radio. The French reverted to using m’aidez , which means “help me.” Soon, the English added their own spin, deciphering the phrase as “mayday.” The new phrase went global thanks to bulletins posted in popular publications, and today, it’s known as a worldwide distress signal. Not to be confused with the international phrase for help, May Day is a cultural celebration dating back millennia. For some cultures, May Day, traditionally held on May 1, is an important day signifying the halfway point of the year. Other cultures celebrate and honor fertility on May Day with maypoles that represent male fertility and wreaths and ribbons that depict female fertility.

Today, May Day celebrations continue in their traditional format, while some people celebrate the holiday by simply doing kind deeds for their neighbors. Thankfully, there’s little cause for mayday on May Day. MAY’S MOST FAMOUS SHIP The Mayflower, named after the English word for the small, white hawthorn flower, served as a merchant ship before making its biggest voyage in 1620 from England to the eastern coast of North America. But the Mayflower was one of many. There were actually dozens of English ships named Mayflower, and in 1620, today’s most famous ship in the bunch headed down the River Thames into the English Channel with another boat, the Speedwell. A group of Puritans and others fleeing religious persecution boarded the vessels, hoping for a new home in the West. But there’s a reason why we only recognize the Mayflower and why the Speedwell has been forgotten for most of history. Just as the two ships began their journey in August, the Speedwell sprang a leak. Waiting for repairs pushed the journey’s start date to September, and that attempt was just as unsuccessful. After this second leak on the Speedwell, weary travelers either gave up on the trek altogether or joined the hopeful Pilgrims on the Mayflower.

Mayflower finally landed in present-day Cape Cod. The rest is history — literally.

LIVING LIKE A MAYFLY Life is short, especially if you’re a mayfly. To no surprise, mayflies hatch in May, but they traditionally only live a few days. Most of that time is spent mating and reproducing, which mayflies are particularly skilled at. The average female mayfly can lay anywhere between 400–3,000 eggs. After being dropped in water, the eggs grow and mature before hatching every May. Many people who live near rivers have come to expect the mayflies’ uncanny ability to blanket entire towns in a mask of creepy-crawlies when they hatch each spring. Despite their short lifespans, mayflies are actually powerful little creatures. Fish feed on the insects and their carcasses, making them popular bait among fishermen. Scientists even use mayfly eggs as a marker for water pollution and clarity. The eggs are extremely sensitive to pollution of any kind, and only one-fourth survive mild pollution. Still, researchers believe mayflies are evolutionary wonders. They are believed to have been around before dinosaurs, and the famed Greek philosopher Aristotle even mentioned mayflies in his writing. If there’s one thing you take away from this article, it should be that we could all live a little bit more like the mayfly and seize the day.

In November 1620, after a treacherous, dangerous, and deadly journey, the

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

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REMEMBERING THE FORGOTTEN Powerful Ways to Honor Our Veterans

Every year, Memorial Day reminds us to honor those who paid the ultimate price for their country. The holiday, celebrated on May 25 this year, also marks the unofficial start of summer. Memorial Day will be different this year, no doubt, and maybe that is a good thing. There is certainly no harm in enjoying a three-day weekend, but we should not forget what Memorial Day is about. While we all face new challenges in a strange and uncertain time, we should remember our fallen servicemen and servicewomen, all of them. There are many who never returned. Across the globe, there are 25 American military cemeteries in 10 foreign countries, including France, Belgium, the U.K., the Philippines, and Tunisia. Some estimates show that up to 130,000 American soldiers are buried in these hallowed grounds.

Then there are the women. In 2016, Congress enacted legislation allowing the remains of women who served in the Women Airforce Service Pilots during World War II to be buried at Arlington National Cemetery. These women were the first to fly military aircraft for noncombat and training missions, which came with a cost. Thirty-eight female pilots died in service. And during the Vietnam era, 11,000 American military women served “in country,” most working as nurses and the majority as volunteers. Eight military women are listed on the wall of the Vietnam Memorial in Washington, D.C. So, consider taking just a moment to remember those who served come this Memorial Day. The National Moment of Remembrance Act encourages all Americans to pause wherever they are at 3 p.m. local time on Memorial Day for a minute of silence to remember and honor those who have died in service to the nation. As Moment of Remembrance founder Carmella LaSpada states: “It’s a way we can all help put the memorial back in Memorial Day.”

HOW THINGS ARE GOING We continue to work with our current clients and help new clients know where they stand with their injuries, workers’ compensation, and Social Security disability matters. Here is a quick rundown of where things stand. been working closely with us to coordinate the hearings. Everyone is conferenced in, and hearings have gone more smoothly as everyone masters the technology. However, telephone

hearings are not for everyone. Some clients are better off waiting until they can appear in person so the administrative law judge can get a firsthand account of how their medical conditions affect everyday activities. The state’s Workers’ Compensation Board, operating under the governor’s order, is offering telephone hearings. Whether the board will allow an injured worker to postpone their hearing in favor of a live hearing is an open question. Unlike Social Security hearings, workers’ compensation hearings are like trials, with each side putting on a case and making arguments. It does not make sense to do something like this over the phone in many cases. We will continue to keep everyone updated as we navigate through these uncertain times. Stay safe. We’re all in this together!

We are working remotely with full capacity to communicate with our clients and continue work on their cases. If you need to talk, then give us a call, and we can set up a telephone appointment. Although the Oregon state courts are still working under a Supreme Court order that limits access to the courts, we are filing our cases, serving summons, and doing all the pretrial work we were doing before the order issued. We will be conducting video depositions next week and look forward to a virtual mediation on an injury claim later in the month. Curious about mediation? Check out helpful resources on our web site. We have held quite a few Social Security hearings via telephone conference. The Social Security Administration’s Office of Hearings Operations has

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

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The use of telemedicine technology has risen sharply as patients currently have no choice but to reach out to their health care provider from home. “Telemedicine” is a broad term that refers to a virtual doctor visit through videoconference. Some of our clients are reporting that they will soon get the elective surgery they really need to move forward with recent changes in restrictions on health care, but telemedicine remains the only option for many folks. A few of our clients have been using telemedicine for some time, but for others, this is new territory. Many of our clients are required to attend independent medical examinations (IME). These are examinations an insurance company or attorney schedules to get a second opinion about a client’s medical condition. Social Security does the same thing, calling them “consultative examinations.” Instead of a telemedicine appointment, many IMEs are being postponed, either by our client or the insurer. In one case, Oregon’s Workers’ Compensation Division opted for a “medical records review” instead. When I offered one client the option of postponing a recent IME, she decided to forge ahead and traveled to her appointment wearing a mask. It’s a personal decision for sure.

An October 2018 study revealed that doctors were more likely to prescribe antibiotics during a telemedicine appointment, but that likelihood decreased the longer the appointment lasted. It’s clear that the more information the doctor has, the better, but it’s a two-way street. Take some time to note your symptoms, using a calendar to give an accurate history. Be ready to provide information about your medications (have your pill bottles ready to hold to the camera) and your overall health history. Don’t be afraid to ask questions and have them ready before the appointment. On a more practical level, make sure you have the technology at home before going virtual. You will need a smartphone, tablet, or computer with a data plan or internet connection. Be aware that privacy and security varies depending on the platform your doctor is using. Do not hesitate to ask about security. One security feature, encryption, is something to ask about. Patient surveys show an overall high level of satisfaction with telemedicine, but telemedicine cannot address all issues. Hopefully, this will all be ancient history, and soon. If you have experiences you would like to share about using telemedicine, then check our Facebook page.

If you are thinking of telemedicine as a treatment option, then here are some considerations.

STICKY AND SWEET PORK ‘RIBS’ Inspired by Bon Appétit


• 2 heads garlic, cloves separated • 3 thumbs ginger, chopped

• 1/3 cup oyster sauce • 1/3 cup toasted sesame oil • 5 lbs boneless pork shoulder, flattened • 3/4 cup brown sugar • 1 tbsp molasses

• 1 cup hoisin sauce • 3/4 cup fish sauce • 2/3 cup honey • 2/3 cup rice wine • 1/2 cup chili oil


1. In a blender, purée garlic, ginger, hoisin sauce, fish sauce, honey, rice wine, chili oil, oyster sauce, and toasted sesame oil until smooth. 2. Reserve and chill 1 1/2 cups for later use. 3. In a bag, add the remaining mixture and pork shoulder. Marinate for at least 8 hours. 4. Using a convection plate on the grill, cook pork until the thickest part reaches an internal temperature of 140–145 F. 5. In a large saucepan, simmer brown sugar, molasses, and reserved marinade for 6–8 minutes. 6. Baste the pork with the brown sugar glaze for 2 minutes before serving.

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

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Facts About Words That Start With ‘May’

Remembering the Forgotten

How Things Are Going


Telemedicine and ‘Independent’ Medical Examinations

Sticky and Sweet Pork ‘Ribs’


The Best Technology for Graduates


Spring is all about new beginnings, and for many, graduation is just the start of something big. Whether your favorite graduate is heading off to college, serve in our nation’s military, or join the workforce, there’s a gadget out there that will give them a great start — or at least make you their favorite relative. Check out this guide to find the perfect tech gift. FOR THE AUDIO LOVER From wireless headphones that surround you with sound to Bluetooth speakers that offer crystal- clear quality, the options are endless when it comes to choosing an audio device. But before purchasing the “next best thing,” consider the person who will use it. If your graduate exercises frequently, they may want wireless headphones like Apple’s AirPods or one of the many Samsung

varieties. On the flip side, if they enjoy action movies, a great sound bar for their entertainment system just might do the trick.

FOR THE STREAMER There’s no shortage of streaming services, and depending on what your graduate enjoys watching, you may consider gifting them a subscription. Nostalgic Disney lovers looking for some stress relief would certainly love a Disney+ subscription, but if you know someone who has an affinity for the dramatic sagas, a subscription to HBO Go could satisfy their cravings. Hulu + Live TV can also be a great alternative for a grad who is out of the house! The best part is that this gift keeps on giving with every movie or show they stream. FOR THE ACADEMIC This May will mark the start of a new academic adventure for many. AI systems like the Amazon Alexa and Google Home can make staying in touch and studying easier, while an e-reader could house all their textbooks in one handy place. Laptop cases, screen covers, and other protective gear can keep their technology safe from wear and tear. (After all, what college kid can afford a new laptop on a whim?) Charging stations and cord organizers can also protect their tech and keep their space clean.

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

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