DiBartolomeo Law Office - October 2019

Makin’ It Better NEWSLETTER

October 2019

Oregon Workers’ Compensation | Personal Injury | Social Security Disability

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


Creative Drinks to Keep You WarmThis Fall

During the chilly nights of autumn, most people turn to one of three piping hot drinks to keep them warm: hot chocolate, apple cider, or tea. But take it from us — you can do much better. There’s no better place to be during the fall than in your warm kitchen experimenting with the plethora of hot drink recipes the season has to offer. Thanks to the rise of celebrity chefs and kitchen keyboard warriors (aka food bloggers), there are dozens of variations on hot chocolate, apple cider, and hot tea out there and even more unique potions splashing onto the scene all the time. First, let’s address the favorites. You can easily improve your hot chocolate game by melting your own chocolate, adding a bit of cinnamon, and using whole milk instead of water, but the world of cocoa is much larger than that. For an extra sweet twist, try using white chocolate instead of milk chocolate or topping it with crumbled toffee and toasted hazelnut pieces instead of marshmallows. You can spice up your drink with pepper to mimic the Aztecs, or make a 21-and-up version by adding a shot of peppermint schnapps and whipped cream. When it comes to apple cider, try getting in the Halloween spirit with Food Network Canada’s Spooky Apple Cider Punch; the recipe calls for cinnamon sticks, cloves, and floating apples carved to look like shrunken

heads. If you’re looking for an adult beverage, mulled wine is a fun alternative that tastes similar. To make a batch, just add a bottle of red wine, sliced oranges, cloves, cinnamon sticks, star anise, and honey to a pan and simmer it for half an hour. For more kick, add 1/4 cup of brandy. As for tea, you can gussy up your cup with a splash of orange juice, a hint of lemon, sugar, vanilla, and almond extract to replicate the recipe for Russian tea from Mel’s Kitchen Cafe. In your quest for a soothing hot drink, don’t forget about coffee. There’s no reason to stoop to the over-hyped pumpkin spice latte from Starbucks when it’s easy to make your own healthier, tastier version at home with a coffee maker, whole milk, spices, and a can of pumpkin puree. For an indulgent upgrade, drizzle on some of Simply Sissom’s homemade salted pumpkin spice syrup. Fall lattes aren’t limited to pumpkin, either. It would be a shame to go the whole season without sipping a chai — whether homemade with Indian spices or from your favorite coffee shop. Last, but certainly not least, are the fall drinks you’ve perhaps never heard of. Foremost among them, for those of drinking age, is hot buttered rum, which is a warming drink that dates back to colonial days. You can make the rich brew at home if you have rum, butter, brown sugar, honey, cinnamon, nutmeg, cloves, and a pinch of salt. For the younger crowd, try hot vanilla, Oatmeal

with a Fork’s alternative to hot chocolate. Not only is it something a bit different, but the recipe is dairy-free, vegan, and paleo. Another healthy option is Green Kitchen Stories’ warm, spicy apple and carrot drink, which is an autumn concoction made with fruit and vegetable juices in addition to the usual spice suspects. That said, there’s nothing wrong with striking an indulgent note when it’s cold outside. Try A Spicy Perspective’s drinking caramel or Lick My Spoon’s maple-bacon hot buttered bourbon for an extra-sweet treat.

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

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A DIFFICULT DISCUSSION Talking to Your Kids About Cancer

As pink-clad products line store shelves this October in honor of Breast Cancer Awareness Month, children are bound to be curious. Since they rationalize the world around them with what they already know, kids may ask silly questions like, “Is cancer contagious?” Whether you or a loved one has been diagnosed with cancer or you just feel it’s time to educate your children about the disease, answering questions can be difficult. These tips can help you prepare.

kid’s body, where hormones and developmental changes are already wreaking havoc. Monitor their emotions and offer them space and opportunities to discuss their feelings with a professional. When it comes to explaining the disease and its consequences, younger children may require fewer details and broader concepts, while older kids may need more comprehensive answers to their questions. A 5-year-old is going to have different concerns than a 16-year-old, so your approach must be different. However, regardless of your child’s age, always tell the truth. FOCUS ON PREVENTION EDUCATION A loved one doesn’t have to be diagnosed with cancer for you to educate your family about the disease and its prevention. Studies have linked prevention efforts, including anti-smoking campaigns and healthy lifestyle programs, to actually preventing cancer. (In fact, half of all cancers can be prevented!) Teach your child about the dangers of tobacco, alcohol, and excessive sun exposure to foster healthy habits and lifestyles. Organizations that host walks, benefits, and other events for cancer prevention and research can be great sources of education for families, too.

ALWAYS TELL THE TRUTH Telling a child that you or a loved one has cancer can be

complicated. To start, the American Cancer Society (ACS) recommends giving yourself time after hearing the news of a cancer diagnosis to process this new reality. Two- parent households should tell their children together, while single parents are encouraged to ask an adult with a positive influence on the child’s life to join the conversation. Remember, your child will be experiencing the same emotions as you but in a

The ACS has resources for families living with cancer or those wanting to learn more. Visit Cancer.org for more information.


Out-There Workers’ Compensation Cases

GETTING ROBBED In California, a mock robbery turned out to be a little too realistic. An employee was seated at her desk when a man with a ski mask entered, telling her he had a gun and demanding her money. In reality, the masked assailant was the employee’s quality-control manager, but she didn’t know that. After the harrowing incident, she rightfully sued her employer for emotional damages. LICENSE TO PARTY While on a company retreat at an island resort, an Ohio woman was left badly injured after a drunken coworker crashed a golf cart into her. Now, this may sound like a personal injury case, and that’s what this employee thought as well. She initially sought to sue her negligent coworker, but the defendant argued their employer was the real culprit. Not only were both women at the resort on company business, but the employer had also provided the alcohol and even encouraged employees to have a “kick-a** time!” It just goes to show that sometimes you may not even know you have a workers’ comp claim until you really examine the evidence.

As a firm, we’re proud of the many years we’ve been representing Oregon workers in need of compensation. From repetitive- stress injuries like carpal tunnel to serious accidents in company vehicles, we thought we’d seen it all. But as these strange cases show, when it comes to getting hurt on the job, anything can happen.

A PAIN IN THE CHEST As an employee of Butterball, Eleazar Gonzales’ day largely consisted of hefting turkeys onto scales. The work can be pretty exhausting, and at one point, Gonzales turned to his coworkers and expressed how sore his chest muscles were. Here’s the only problem: Gonzales was still learning English, and his coworkers failed to understand him. Thinking the man gesturing at his chest was having a heart attack, the

workers rushed him off to the hospital for major medical work — and a major bill. Thankfully, the court ruled Gonzales’ employer should be on the hook for the misunderstanding, given that they didn’t have an interpreter on hand.

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

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For many facing a Social Security Disability denial, hiring a lawyer to appeal their claim can seem counter intuitive. Life with a disability is expensive — especially when it keeps you from working. Why risk paying legal fees if your claim could just be denied again? Well, here’s the good news: There is no risk. Why? Thanks to the Social Security statute, lawyers’ fees are tightly regulated. We cannot charge a fee unless we successfully attain benefits for you. It’s as simple as that. Unlike some other areas of the law, there is no payment up front. We only get paid if we deliver for you. When an appeal is successful, the statute also has fixed limits on how much a lawyer can charge. Your legal fees for a successful appeal will be no more that 25% of your retroactive benefits, the benefits that have built up between the time of your injury and the day you receive your favorable decision. Furthermore, these legal fees can’t exceed $6,000. Thus, you can rest assured that the cost

of your representation will remain affordable, regardless of the amount of compensation you receive. When you hire us to fight for your Social Security Disability claim, we take the time to go over the specifics of these fees so there are no surprises. Then, we’ll submit this agreement to Social Security. Upon winning a case, the administrative law judge will then approve the fee agreement. The system has many checks and balances to protect you.

their legal team. It’s in both of their best interests to attain a favorable outcome. It also means attorneys will be honest with you about the strength of your case. After all, there’s nothing to gain in convincing someone with little to no chance of a favorable outcome to pursue their case any further. Curious about whether your denied claim can be appealed? With two decades of experience representing disability claimants, our team will let you know the odds. Call 503-325- 8600 and find answers.

This system creates a win-win relationship between claimants and



Inspired by Bon Appétit

• 4 Granny Smith apples • 1/2 cup raw pistachios • 1 1/2 tsp plus 1 cup sugar

• 3 tbsp sesame seeds • 2 tbsp white miso, divided • 4 Popsicle sticks

• 2 tbsp light corn syrup • 1/4 cup heavy cream • 1/4 tsp kosher salt


1. Heat oven to 275 F. 2. In a food processor, pulse pistachios and 1 1/2 tsp sugar. Add sesame seeds and 1 tbsp miso, pulsing until miso is fully broken up. Spread evenly on a rimmed baking sheet. Bake for 15–20 minutes and let cool. 3. Meanwhile, insert a Popsicle stick into the center of each apple. 4. In a saucepan, bring corn syrup, 1 cup sugar, and 2 tbsp water to a boil. Boil for 5–7 minutes, swirling infrequently, until caramel is a light amber color. 5. Add cream and salt to caramel, whisking to combine. Transfer to a large mixing bowl and quickly whisk in remaining miso. 6. To assemble, first roll apple in caramel, then in pistachio mixture, before resting on greased baking sheet. 7. Let cool 30 minutes 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


1139 Exchange St. Astoria, OR 97103

What’s Inside

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Your Guide to Warm Fall Drinks

Educating Your Kids About Cancer

Turkeys, Mock Robberies, and Other Wild Claims


The Cost of a Disability Appeal

Miso Caramel Apples


How FaceApp’s Privacy Policy Is Aging


HOW FACEAPP’S PRIVACY POLICY IS AGING data to improve their own products. Service providers only use your data as much as necessary to provide their varied services and are under strict confidentiality agreements. HOW YOUR DATA IS STORED Your data is transferred and stored in locations across the world where FaceApp and their affiliates or service providers maintain locations. FaceApp and all related companies adhere to the data protection laws of the countries where the data is transferred to, not necessarily where the data originates from. However, many first-world countries have data protection laws that are heavily enforced and keep your information safe. FaceApp may be relatively safe in terms of data collection, but you should still always be wary when using any phone app, regardless of its origin. When it comes to social media, skepticism and careful browsing is always a good idea. Be sure to research the privacy policy for any social media app you want to use before downloading it.

Log file information is collected when the content of an app is downloaded to your device. Log files record data like your IP address, browser type, number of clicks on an app, exit pages, and other pieces of information. Data identifiers uniquely identify your device. These will tell FaceApp what you do while in the app. These are used primarily to determine how consumers use the app and to provide personalized ads. USE OF INFORMATION FaceApp will utilize the information for internal uses such as app updates, bug issues, demographics, and traffic patterns. However, this does not grant the FaceApp developers the right to rent or sell your information to any company outside of FaceApp, which may not be the case for other social media platforms. WHO ELSE HAS ACCESS FaceApp does share your information with “affiliate” companies and service providers. Affiliate companies will use your

Ever since its inception in January 2017, the phone application FaceApp has given users a glimpse into how they would look as the opposite sex, how many wrinkles they’ll have when they’re 80, and how chubby their baby cheeks might have been when they were young. It’s a technological phenomenon, but recently, the app has come under fire, not for its face- swapping action but rather its privacy policy. FaceApp’s privacy policy loosely states that any person using FaceApp will “grant the application a license to use, reproduce, modify, and display user content, all without compensation to the user.” At first glance, the policy seems scary, but before you delete the app from all your devices, take a look at the type of data FaceApp will collect and what that means for you as a user. INFORMATION COLLECTED There is a plethora of information the app collects when you use it, and the most popular method used to collect that data utilizes cookies. Cookies find trends in aggregated data, like web pages visited and items looked up on search engines.

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

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