Pennsylvania Workers' Compensation Lawyers Blog

According to an article on the OCRegister.com, a Murietta, CA roofing contractor pleaded guilty to 16 felony counts, including perjury, filing false documents, and making false statements, for failing to provide workers' comp insurance for an employee who injured himself.

The article reported that, according to prosecutors, the roofing contractor purchased the minimum workers' compensation insurance policy for his company, then reported that he had no employees. To hide their employment, he paid his workers in cash and submitted inaccurate payrolls reports.

When an employee filed a workers' compensation claim as a result of a fall from a roof, the roofing contractor denied that the man worked for him. As a result, the employee was denied benefits.

The maximum sentence for the convictions is 21 years and eight months in prison. According to prosecutors, the roofing contractor is expected to be sentenced to three years in state prison.

Continue reading "California Roofing Contractor Found Guilty of Workers' Comp Fraud" »

A Pennsylvania appeals court ruled that Kraft Foods Inc. could not reduce a workers' compensation claimant's partial disability benefits because it did not provide any evidence of actual job openings that were available to the claimant.

In February 2004, the claimant injured his right knee while employed as a utility worker for Kraft. In 2007, Kraft sought to reduce the claimant's benefits by saying that "work was generally available." The appeals court did not accept Kraft's argument that under Pennsylvania law it could use testimony from a rehab counselor that general, entry-level jobs were available to the claimant. Instead, the appeals board ruled that Kraft needed to show that "existing actual jobs are open and available" to the claimant.

Continue reading "PA Court Rules Kraft Can't Reduce Workers' WC Benefits" »

For many employees who are making only minimum wage, it is a struggle to keep themselves and their families afloat. Now an article in The New York Times has brought to light a startling revelation: that more than half of the low-wage workers in the city are cheated of some of their pay.

According to a report titled, "Working Without Laws: A Survey of Employment and Labor Law Violations in New York City" by the National Employment Law Project, the average worker in a low-wage job in New York City lost $58 a week, more than $3,000 a year, because he or she was not paid minimum wage or overtime, or because of some other violation of labor laws. These types of workers include laundry employees, home health care aides, deliverymen, and grocery baggers, to name a few. The report estimated that more than 315,000 workers were denied some of their deserved pay.

The authors of the report explained, "This report exposes a world of work in which America's core labor and employment laws are failing to protect significant numbers of workers in the nation's largest city. These protections - the right to be paid at least the minimum wage, the right to be paid for overtime hours, the right to take meal breaks, access to workers' compensation when injured and the right to advocate for better working conditions - are being violated at alarming rates in the city's low-wage labor market."

The report notes that more than one-fifth of all low-wage workers in the city were paid less than the minimum wage. Failure to pay overtime to employees who worked more than 40 hours a week was even more common.

According to the article, the report also pointed out that the state's workers' compensation system was "not functioning as intended." It noted that only about one-tenth of workers who had been seriously injured and who were surveyed had filed for workers' compensation. Nearly half of them had been required to keep working despite their injuries.

Continue reading "Report Shows Many Low-Wage, New York City Workers Are Cheated of Pay" »

Earlier this month, the Pennsylvania Department of Labor & Industry (L & I) announced that the statewide average weekly wage for injuries occurring on and after Jan. 1, 2010 would be $845 per week. The average weekly wage for 2009 was $836.

According to the L & I website, under the Workers' Compensation Act, injured workers are entitled to wage-loss benefits equal to two-thirds of their weekly wage for a work-related injury.

How much money you will receive while on workers' compensation depends on:

• Whether you are on total or partial disability
• How long you have been employed by your employer
• Whether you were working for more than one employer at the time of your injury
• How much you regularly earn from your employer

Continue reading "Pennsylvania Announces Statewide Average Weekly Wage for Injuries for 2010" »

MercuryNews.com of San Jose, CA recently reported that three executives and a foreman of a heating, ventilation, and air conditioning installation company in Hollister, CA are facing felony charges of forcing employees to return more than $170,000 in salary from public projects in Santa Clara County.

The charges against the men include taking and receiving the wages of a worker, falsely reporting wages paid on a public works payroll reporting form, violations of workers' compensation insurance premium fraud, and making a false or fraudulent statement to discourage a worker from claiming benefits or pursuing a workers' compensation claim.

Company executives would issue a paycheck to workers based on the hourly wage for public works projects, but then demand that the workers return about 75 percent of the paycheck. When a contractor is awarded a public works contract, the contractor must certify that they are paying employees the prevailing wage. The kickback scheme netted more than $170,000 for the company executives.

It is alleged that one of the executives committed workers' compensation premium fraud by misclassifying employee wages to their workers' compensation insurance carrier to reduce their premium. It is also alleged that two employees were dissuaded from reporting their work-related injuries to doctors. As a result, the workers were denied medical care and workers' compensation benefits.

A recent report from the National Council on Compensation Insurance (NCCI) shows that workers' comp costs for injured workers aged 65 and older are generally lower than younger employees because older employees are paid less.

Although workers aged 65 and older make up a small share of employment and injury and illness cases - below 5 percent - the number of workers 65 and older has increased by nearly 50 percent since the late 1980s. The report estimates that the number of older workers is likely to increase due to the state of the economy. Many older employees must postpone their retirements and continue to work in the face of depleted life savings and reduced home values.

The report highlighted the following findings:

• The greatest cause of injury among older workers are falls, slips, and trips


• There are less claims for older workers in the more hazardous manufacturing and construction-related industries and occupations


• Claims are higher for older workers in the leisure and hospitality industry and food preparation

The NCCI report found that the percentage of those aged 65 and older who were looking for work was 11 percent in 1990 and increased to 17 percent in 2008. In addition to many older workers not having the funds to be able to retire, many are healthier and able to continue to remain in the workforce longer.

As older workers age, they face challenges in the workplace such as a deterioration in eyesight, hearing, strength, flexibility, reaction time, and mental processes. Employers can reduce the risk of injury to older workers by enhancing lighting where necessary, installing slip-resistant flooring, providing handrails, and installing noise dampening materials where hearing may be an issue.

As old man winter makes his chilly home here in the northeast bringing snow and freezing temperatures, the Pennsylvania Department of Transportation (PennDOT) reminds motorists and especially tractor trailer drivers of a winter-related state law. In 2006 the Pennsylvania Snow/Ice Removal Law went into effect, which states that motorists will face severe fines if snow or ice that falls from their vehicle causes injury or death to other motorists or pedestrians. PennDOT urges motorists to remove all ice and snow from their vehicles before traveling. Taking a few minutes to clear your vehicle of snow and ice before hitting the road can save you money and could save someone's life.

It's important for tractor trailer drivers to clear the tops of their rigs not only to prevent any snow or ice from dislodging and striking other vehicles, but also to prevent delays when traveling through Pennsylvania tunnels. Sensors are in place on the approaches to tunnels to detect overheight trucks, including those with snow or ice build-up, and flash a warning to them. If a sensor is triggered, red signals are activated to prevent trucks that are too tall from getting stuck. The trucks must then turn around, which can take several minutes and can cause traffic backups.

In addition, snow-covered trucks that trigger the alarm but still continue through the tunnels can cause ice and snow to be pushed from the trucks onto other vehicles and the roadway causing hazardous driving conditions.

PennDOT offers a few tips for winter driving:

1. Motorists should always check the weather forecast before traveling. Road conditions for interstates and some limited-access highways is available by calling 511 while stopped in a safe location, or by visiting www.511pa.com.

2. Motorists who must travel should allow plenty of space when driving near plow trucks and, for safety reasons, never attempt to pass a truck while it is plowing or spreading winter materials.

3. PennDOT reminds motorists to pack an emergency kit for their vehicles. A basic kit should include non-perishable food, water, blanket, small shovel and warm clothes. When preparing an emergency kit, motorists should take into account special needs of passengers such as baby food, pet supplies, or medications and back accordingly.

Continue reading "Pennsylvania Motorists and Tractor Trailer Drivers Are Reminded of Snow/Ice Removal Law" »

A federal jury awarded more than $1.9 million in pay and $3.5 million in compensation for emotional stress to two scientists who said they were let go from their jobs at a Pennsylvania chemical producer because of their age.

The men were 2 of 29 employees, all over the age of 55, who were laid off during a workforce reduction. Their lawsuit claimed that, when selecting among workers in similar positions, the company chose the oldest employees for layoff.

The jury found that the company willfully discriminated against the men, which entitled them to double back pay damages under the Age Discrimination in Employment Act.

Continue reading "Two Pennsylvania Employees Receive Large Payoff for Age Discrimination Case" »

We recently read a story on the StClairRecord.com about an Illinois man who claims his former employer fired him after he filed for workers' compensation benefits. The man, who had worked at his place of employment for 10 years, filed an Illinois workers' compensation claim after being injured on the job in May. When his physician OK'd him to return to work in October, the man said the president of the company terminated him on the same day that he returned to work. The man filed a complaint against his employer, claiming, "That said involuntary charge arose out of and in retaliation of plaintiff's exercise of his rights under the Illinois Workers' Compensation Act."

Continue reading "Man Fired after Filing Workers' Comp Claim" »

The O'Connor family got a little more for Christmas than they expected when a hibernating possum popped its head out of their Christmas tree. In 2005, the O'Connor family brought their Christmas tree home and fully decorated it, only to find the sneaky critter nestled in the tree's branches on Christmas Eve. Click on the video below to watch a clip of the O'Connor family describing their Christmas surprise on The Early Show. Merry Christmas to you and your family from everyone here at Michael J. O'Connor & Associates!

Attorneys Kovalcik, Hykes, and Miller attended the Lehigh Valley Labor Council's annual holiday party which took place on Dec. 16 at Mezzaluna Sports Bar & Grille in Allentown. All invited guests were asked to bring educational, non-violent toys to the event that were donated to the Allentown Boys & Girls Club. Additionally, council president Greg Potter presented a check for $200 to the Boys & Girls Club which was funded by the members.

In attendance at the event were various union leaders, including Dennis Hower, vice president of Teamsters local 773, union members, and political dignitaries. The event provided an excellent opportunity for networking and the sharing of holiday cheer.

This week the U.S. Consumer Product Safety Commission (CPSC) recalled over 50 million Roman shades and roll-up blinds - one of the five largest recalls in the commission's history. The recall was prompted by reports of 5 deaths and 16 near strangulations of young children since 2006. The cords on both styles of blinds and shades can get caught around a child's neck.

The blinds and shades were sold at numerous retailers, including Walmart, JCPenney, Pottery Barn, Ace Hardware, Big Lots, Ross, and many other stores.

The CPSC made the announcement with the Window Covering Safety Council (WCSC) and has been working with the Council to ensure the safety of window coverings. Consumers with Roman or roll-up shades should contact the WCSC immediately at www.windowcoverings.org to receive a free repair kit.

To help prevent a child from the strangulation risk, the CPSC and the WCSC made the following recommendations to parents and caregivers:

• Examine all shades and blinds in homes to ensure there are no exposed cords in a child's reach. Cordless window coverings are recommended.

• Do not place cribs, beds, and furniture close to windows where children could climb and have access to cords.

• Make any loose cords inaccessible. If there are looped bead chains or nylon cords, install tension devices to keep cords taut.

Millions of Americans will take to the roads and the air as they travel across the country for the holidays. Whether you're journeying "over the river and through the woods" or just around the block, there are some simple tips to keep you and your family safe.

For Highway Travel

Check road conditions and the weather report. Visit the Federal Highway Administration's website [fhwa.dot.gov] and Weather.com for the most updated information on traffic reports and weather conditions.

Keep winter driving essentials in your vehicle. Pack an emergency snow kit containing a snow scraper and brush, flashlight, blankets, jumper cables, a shovel, cat litter or sand for traction on ice, flares, bottled water, and a first aid kit.

Give your vehicle a winter check-up. Make sure oil levels, tire pressure, windshield wipers, heater, defroster, antifreeze, and brakes are checked.

Don't forget your cell phone. Make sure you have your cell phone and charger before hitting the road. Or, purchase a prepaid cell phone with minutes. If you do need to make a call, be sure to pull off the road or have a passenger make the call.

Use proper restraints for children. Infants and toddlers must be secured in a child safety seat. Children under 4'9" tall must be in a booster seat.

Allow extra time for travel and unexpected traffic delays.

Watch your speed, especially when travelling on unfamiliar highways.

Be aware of your surroundings. Keep a safe following distance between you and the car in front of you. Or, if another car is following you too closely, let them pass or move into the next lane.

Don't drink and drive. The holidays can be a time to relax and celebrate with friends and family. But remember to always drink responsibly.

For Air Travel

Get to the airport early. Avoid traffic delays and other hold-ups by getting a head start on your trip to the airport. Depending on the level of security in place at the airport, additional time may be needed to go through security.

Keep track of flight changes. Check you departure time a day or 2 before your trip.

Make sure you have proper identification. The U.S. Transportation Security Administration requires travelers over 18 to have a photo ID issued by a state, local, or national government agency. This includes a driver's license, passport, or military ID, but does NOT include student ID cards or employee ID badges.

Gifts should be unwrapped. Whether your gifts are in your carry-on or your checked baggage, make sure they are unwrapped in case they need to be checked by security. Or, ship wrapped presents ahead of time or plan to wrap gifts when you arrive.

A little preparation goes a long way. Enjoy the holiday!

In November, the Pennsylvania Worker's Compensation Appeals Board overturned a ruling by a workers' compensation judge to allow the Workers' Compensation Act to apply to employees who are injured when they are transported by their employer from their place of business to the work site.

The Appeals Board heard the case of an employee who was transported by his employer from the employer's office to the job site where the employee worked as a laborer. During one ride, the employee suffered head and back injuries when the vehicle he was riding in hit a bump. A workers' compensation judge dismissed the employee's claim petition, saying that the travel time to the job could be considered part of Pennsylvania's Ridesharing Act. Since the Workers' Compensation Act does not apply to a passenger participating in a ridesharing agreement, the employee would not be eligible for workers' compensation. However, the Pennsylvania Workers' Compensation Appeals Board reversed the decision, saying that transportation from the employer's office to the work site was in the scope of the employee's work. The Ridesharing Act only includes transportation of employees to and from their place of employment.

We posted a blog earlier this week about choosing safe toys for Christmas. Now we'd like to make you aware of three recalls that were announced this week for children's products.

Amby Baby Motion Beds/Hammocks
On Dec. 8, the U.S. Consumer Product Safety Commission (CPSC) and Amby Baby USA announced a recall of about 24,000 Amby Baby Motion Beds after 2 infant suffocation deaths. As a result of the side to side shifting of the hammock, babies can roll and become trapped against the hammock's fabric or mattress pad, causing infants to be unable to breath. There is only one model of the hammock, identified by a sewn label that reads "Amby - Babies Love It, Naturally." The hammock was sold through online retailers, as well as Ambybaby.com, from January 2003 to October 2009 for about $250. Parents are advised to stop using the hammock and to contact Amby Baby USA for a free repair kit.

Evenflo Cake Toys
Although no injuries have yet been reported, Evenflo ExerSaucers® 1-2-3 Tea for Me™ Activity Learning Centers are being recalled by the manufacturer and the CPSC because of a possible choking hazard. The candle flame that is attached to the top of the cake toy can come loose and could be swallowed by young children. The affected models are 6161834 and 6161920, with a two-tiered cake that is light blue, dark pink, and yellow. The learning centers were sold at Toys "R" Us and other children's product stores from December 2007 to March 2009 for about $70. Parents are advised to remove the cake toy from the activity center and to contact Evenflo for a free replacement toy.

Monday the Bullfrog Plush Books
Another product that was recalled by the CPSC and Simon & Schuster Inc. for possible choking hazard is the Monday the Bullfrog Plush Books. The manufacturer has received reports of the plastic eye on the frog detaching. Monday the Bullfrog is a plush puppet bullfrog with a board book attached to the frog's mouth that was distributed nationwide through bookstores and retailers from January 2006 to November 2009 for about $18. Consumers should take the bullfrog book out of the reach of children and contact Simon & Schuster for a free replacement product.

If you have a question about the safety of a toy that you are purchasing for Christmas, visit the U.S. Consumer Product Safety Commission's website for the most up-to-date information on product recalls.

Have a safe and Merry Christmas!