Pennsylvania Workers' Compensation Lawyers Blog

The job of a workers' compensation claims investigator is to discredit the injured worker's claim for disability compensation. Under the laws of Pennsylvania, an insurance company may legally hire an investigator to perform surveillance on an injured worker. The surveillance is conducted in an attempt to catch the injured worker engaging in any physical activity that may be outside of his or her work restrictions.

Although investigators may not commit trespass, such as taking pictures of the injured worker inside his or her home, they may follow the injured worker, speak with neighbors, and take videotapes of the injured worker conducting normal activities in public. More often than not, these methods of surveillance can cost the investigator and the insurance company a lot of time and money.

But with the emergence of social networking sites, like Facebook, MySpace, LinkedIn, and Twitter, the job of the claims investigator has now been made even easier.

"A lot of people post things they don't expect the insurance carrier is going to be looking at," said Frank Pinder, president of the fraud and special investigations unit of GlobalOptions Group, an Orlando, Florida-based insurance claims investigation service. In an article by Roberto Ceniceros on Workforce.com, Pinder added, "Their geology hobbies, reunions, bowling, the leagues they are involved in, fishing tournaments, hunting clubs...pastimes, organizations. Then you can further mine that for information [counter to] their claim."

By searching for a claimant's profile on sites like Facebook or MySpace, investigators can uncover a myriad of self-incriminating information, such as dates of sporting events in which the claimant is participating. Social networking sites can also contain time-stamped photos and videos showing claimants involved in physical activities that could be outside the level of disability that the injured worker is claiming.

"It just amazes us how much information people provide," said Howard Schneider, president of Schneider Associates, a private investigative agency in Thousand Oaks, California.

Injured workers should be aware not only that their activities could be videotaped by an investigator, but also that any information they provide online can be easily accessible to the general public. It may not only be family and friends who are accessing their profiles, but insurance claims investigators, as well. This type of evidence may be used to challenge the injured worker's medical testimony or to try to convince a workers' compensation Judge that the injured worker is not as disabled as he or she is asking the Judge to believe.

Continue reading "Workers' Compensation Investigators Use Social Networking Sites to Nab Fraudulent Claimants" »

As the nation braces for the coming H1N1 (swine flu) pandemic, the federal government has issued warnings to the general public, including the following tips from flu.gov:

• Cover your nose and mouth with a tissue when you cough or sneeze.
• Wash your hands often with soap and water.
• Avoid touching your eyes, nose, or mouth. Germs spread this way.

In an article on CNNMoney.com, the National Partnership for Women and Families, a Washington, D.C.-based advocacy group, reported that 48% of the U.S. private-sector workforce can't take paid leave without advance notice. However, with the Centers for Disease Control (CDC) recommending that people infected with the flu stay home for at least 24 hours after fever symptoms have disappeared, employees with limited or no sick leave are caught in the middle. If they go to work sick, they risk infecting others and spreading the flu; if they stay home to recover, they risk losing their jobs.

Even healthcare facilities are caught in the conflict. In an article on medicalnewstoday.com, the National Nurses Organizing Committee--Arizona reported that many registered nurses in surveyed facilities are not guaranteed sick time in case of swine flu infection. Also, many nurses are threatened with discipline if they fail to come to work.

According to CNNMoney.com, unions and worker advocates have stepped up efforts for local laws that require businesses to offer paid sick leave. There are now 15 states and cities that have paid sick leave bills in the works.

"This is definitely pressing because of all the projections of how the swine flu and the regular flu season will be affecting people," said Shula Warren, chief of staff for New York City council member Gale Brewer. Brewer is responsible for introducing local legislation for a sick-leave law that would also allow New York workers to use sick time to care not only for ill children, but also for kids whose schools are closed because of swine flu fears.

If Congress takes up the Healthy Families Act, initially spearheaded by the late Sen. Ted Kennedy and now taken up by Sen. Christopher Dodd, D-Conn., it would provide up to seven paid sick days a year at all companies with 15 or more employees.

For now, the CDC recommends that employers encourage employees with flu-like symptoms or illness to stay home, operate with reduced staffing, and have employees who are at high risk of serious medical complications from infection work from home.

Continue reading "Pennsylvania Workers Can Face Issues with Paid Sick Time During the Flu Season" »

On Sept. 11, Attorney William A. Kovalcik and Attorney Valeen D. Hykes attended the Pennsylvania Bar Association's 25th annual fall section meeting on workers compensation at Hershey Lodge and Convention Center in Hershey, PA. The program provided an excellent opportunity for attorneys who practice exclusively in the area of workers' compensation to be updated on new developments in the law and to network with other attorneys. This year's program included a presentation on the anatomy of the spine as well as other medical issues for workers' compensation practitioners.

A simple and cost-effective cure for the problem of ill-fitting dentures can be the application of denture cream adhesive. What many denture wearers do not know is that denture cream adhesives contain zinc. And exposure to excessive amounts of zinc through the over-use of denture cream adhesives can lead to serious neurological conditions. Since denture cream manufacturers are not required to add a warning label on their packages, many consumers are unaware of the potential dangers.

Continue reading "Warning to Pennsylvania Denture Cream Adhesive Users" »

On Sept. 10, Attorney Michael J. O'Connor and Attorney David Miller, of Michael J. O'Connor & Associates, gave a presentation to the United Steel Workers (USW) District 10 Rapid Response members at Linden Hall in Dawson, PA. According to the USW website (www.usw.org), Rapid Response is the Steelworkers' nonpartisan grassroots education, communication, and action program that involves every member. Rapid Response allows for almost instant personal communication with every USW member on any given topic. The presentation focused on workers' compensation and third party claims. The attorneys also answered questions from union members.

Attorney Michael J. O'Connor of Michael J. O'Connor & Associates recently appeared on a segment of "Life After 50", which airs on television station KDKA in Pittsburgh. Attorney O'Connor discussed topics including social security disability, workers' compensation, and nursing home abuse. The video clip below shows the episode of "Life After 50".

No one expects to suffer a disability, but when they do it can be a comfort to know that benefits are available through the Social Security Administration. If an individual is unable to work because of a medical disability that is expected to last no less than 12 months, he or she, and sometimes certain family members, may qualify for disability income. However, applying for Social Security Disability benefits can be a lengthy, difficult, and sometimes frustrating process.

In order for an individual to receive disability benefits, he or she must complete the application process. Additionally, Social Security requires that applicants prove they cannot do any work of any kind. As a result of this requirement, many individuals are denied and must take the next step: a hearing in front of a judge. But according to a chart from the Social Security Administration, as an example of the timeframe for those filing in Pennsylvania, it can take approximately 437 days to schedule a hearing in the Wilkes-Barre office.

This extensive processing time is a result of the growing population, including the baby boomer generation who has become sick or disabled. As the Social Security Administration wrangles with the extensive list of individuals applying for benefits, requests for its services are further increased as a result of the economy. In an article on NPR.org, Social Security Deputy Commissioner David Foster commented on the increase in requests. "We expect those numbers to go up very much in the next few years because of the recession," said Foster. He continued, "There's usually a correlation between the unemployment rate and then the amount of disability claims that we have."

As the economy struggles to recover, it is more important than ever for those applying for Social Security Disability or Social Security Income to consult an experienced lawyer as soon as a disability occurs. Social Security lawyers are well-versed and experienced in every aspect of the claim process. In addition, laws and regulations may have limits for action; an individual can lose his or her rights by waiting. A lawyer can help by preparing and filing the appropriate appeal paperwork and other required forms, as well as compiling all the medical evidence and presenting testimony at the appeal hearing.

Continue reading "Pennsylvania Social Security Disability Applicants Feel the Effects of the Economy" »

Pennsylvania fire fighters are one step closer to winning the fight against an occupational hazard: cancer. On Aug. 19 the Cancer Presumption Bill, aimed at protecting firefighters with cancer, was approved in the Pennsylvania House of Representatives.

Fire fighters are frequently exposed to hazards such as carbon monoxide, diesel exhaust, asbestos, and other toxins that can lead to various forms of cancer. In an article from the WHYY.com website, Art Martynuska, president of the Pennsylvania Professional Fire Fighters Association, said, "By the nature of our business we have more of a chance of coming down with one of these cancers that can be directly related to what we do on a daily basis. It's an occupational hazard that we have to deal with." However, in Pennsylvania it is not automatically assumed that a fire fighters' cancer is job-related. In order to receive workers' compensation benefits, fire fighters who are diagnosed with cancer must prove that the disease came about as a result of the hazards of their job.

The Cancer Presumption Bill would aid Pennsylvania fire fighters by reversing this process - it would be assumed that the fire fighter developed cancer as a result of their job unless their employer or the municipality could prove that it was circumstances outside of the job that contributed to the disease. Martynuska said, "If you are involved in the fire service and you come down with one of several types of cancer, the presumption is that you got that as a result of exposure to things on the job." The bill will assist fire fighters by assuming their cancer is job-related, and making them eligible for worker's compensation.

The bill is now before the PA state senate. If passed, Pennsylvania will join 31 other states with laws that assume a fire fighter's cancer is a result of the hazards of the job and therefore covered by workers' compensation

Continue reading "PA House Passes Bill to Make Fire Fighters with Cancer Eligible for Workers' Compensation" »

Michael J. O'Connor announced the addition of Attorney Valeen D. Hykes to the attorney team at Michael J. O'Connor & Associates.

Hykes received her Juris Doctor from Thomas M. Cooley Law School.

Hykes began her career in 2007 as a law clerk working for Maro & Maro, P.C., Norristown, PA. She also researched current laws affecting health care savings accounts for First HSA, Reading, PA. Hykes passed the bar in 2009.

Before receiving her degree, Hykes was a research analyst and legislative fellow in the Pennsylvania House of Representatives, working directly with the House Education Committee and the Commission on Rural Education. She was also a legislative assistant in the Michigan House of Representatives.

Attorney Hykes is a member of the American Bar Association, the Pennsylvania Bar Association, and the Berks County Bar Association.

Continue reading "Attorney Valeen D. Hykes Joins the Pennsylvania Attorney Team at Michael J. O'Connor & Associates" »