Pennsylvania Workers' Compensation Lawyers Blog

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!

Employees of seven of Philadelphia's largest health systems are suing their employers, claiming they were not compensated for working through unpaid lunch breaks.

The seven health systems include the University of Pennsylvania Health System, the Jefferson Health System, Temple University Health System, Mercy Health System, Albert Einstein Healthcare Network, Abington Memorial Hospital, and Aria Health System.

In an article on philly.com, Mercy Health System said in a statement, "We remain committed to fair and lawful pay practices and plan to defend ourselves vigorously in any lawsuit."

Suits were filed in federal and state courts. According to federal and state law, hourly workers are required to be paid for all the time that they are working. The hospitals use a computerized payroll system that automatically deducts an unpaid half-hour lunch break. Hourly employees, including nurses, technicians, and janitors, who are too busy to take lunch, are not paid unless they ask for compensation.

Hospital employees choose to work through breaks because they are reluctant to leave their coworkers shorthanded. Others are afraid to push for their pay for fear of losing their jobs in this economy.

Continue reading "Employees Sue Seven Philadelphia Health Systems over Unpaid Lunch Breaks" »

Although Black Friday is now behind us, there is still a little more than two weeks of Christmas shopping time left. You may find yourself needing to fill the wishes of a little one, whether you're buying for your own children, grandchildren, or family friends.

When choosing a toy for children, it's important to choose one that's safe. Here are just a few tips to aid your gift purchase:

Make sure the toy is age-appropriate. Read and follow the age guidelines on toy packaging. Even a toy for a 3-year-old could have parts too small for a 2-year-old to handle.

Check for small, loose parts that a child can swallow. Anything that can pass through a toilet paper tube is too small to be given to a child under 3 years old.

Be sure the toy is non-toxic. Make sure the toy has a non-toxic, durable finish. Art supplies should have the ACMI (Art and Creative Material Institute, Inc.) seal, which means its non-toxic.

Check to see if the toy has been recalled. The U.S. Consumer Product Safety Commission lists recalled products on their website. If you've purchased a toy months before the holiday, you may want to check the CPSC's online list to be sure it has not been recalled.

Remember these tips to keep your Christmas merry and bright. Best of luck with your shopping!

Toyota Motor Company announced that it is recalling more than 3.8 million Toyota and Lexus vehicles due to sudden-acceleration problems. The company said that floor mats could get stuck under the accelerator pedal if not secured properly. Sudden-acceleration incidents involving Toyota-made cars and trucks has caused 19 fatalities since 2002, according to the LA Times (www.latimes.com).

Toyota is in the process of developing vehicle-based remedies that will include reconfiguring the shape of the accelerator pedal and redesigning driver- and front-passenger-side all-weather floor mats. Toyota will notify owners of the vehicles involved by mail by the end of the year.

Models include:

2007-2010 Camry
2005-2010 Avalon
2004-2009 Prius
2005-2010 Tacoma
2007-2010 Tundra
2007-2010 ES350
2006-2010 IS250
2006-2010 IS350

Federal regulators have called the defect a "very dangerous problem." Auto industry experts feel it has taken Toyota too long to react, citing a review of over 1,000 consumer complaints to the National Highway Traffic Safety Administration along with various accidents, all stemming from unintended acceleration.

Continue reading "Pennsylvania Toyota Owners Should Be Aware of Sudden-Acceleration Problems" »

Hunting season is in full-swing in Pennsylvania. Following safety measures when using a treestand can be just as important as safely using a rifle or muzzleloader. Remember:

• Wear a safety belt. A safety belt will prevent you from falling if your stand collapses.


• Before using your stand, check it for loose nuts and bolts and replace any worn chains or straps.


• Secure your stand on a mature tree. Avoid trees that are rotting or have dead limbs.

It's also important to keep up-to-date on any product recalls that may affect your hunting equipment. For instance, on Nov. 12, the U.S. Product Safety Commission and the Gander Mountain Company announced a recall of approx. 13,000 Hang-On Fixed Position Treestands. There have been two reports of consumers falling while using the treestand. If the strap is fastened incorrectly, the clasp may open unexpectedly, and both the user and the treestand can fall from the tree. The recall affects the 2008 model GMT101 and the 2008 model GMT103 Hang-On Fixed Position treestands. They have wire mesh on the base of the platform to the top of the footrest and a Gander Mountain logo on the front of the seat. The seat has a camouflage pattern that is branded "AP" and "REALTREE." The treestands were sold only at Gander Mountain from July 2008 to July 2009. Consumers are advised to stop using the treestands immediately. They can be returned to Gander Mountain for a refund or exchange.

Continue reading "Attention Pennsylvania Hunters: Treestand Tips and a Treestand Recall" »

As the U.S. economy struggles to survive, states across the nation are looking at all available avenues for bringing in revenue. In an article on the Maine Public Broadcasting Network (www.mpbn.net), it is estimated that the state of Maine is losing more than $40 million dollars a year in tax revenues from "employee misclassification": a way for employers to categorize employees as independent contractors so that they can avoid providing benefits and paying state and local taxes. This has prompted the creation of a state task force to address the growing problem of employee misclassification in Maine.

The task force, created by Maine Gov. John Baldacci, has heard the same stories repeated by a number of workers who have been taken advantage of by employers:

"This guy owed me so much money. We lost - I was renting a house, I have two kids. I'm on assisted living now to this day - it wouldn't have happened if it wasn't for people like him."

"This is hundreds and hundreds of people that this is happening to every day. And people depend on this money. When somebody says, 'I'm going to pay you this money' and then they don't, well, what are you supposed to do?"

The problem is most evident in the construction industry. The article noted that a 2005 study by Harvard University found that one in seven construction employers in Maine misclassified workers as independent contractors.

One worker was prompted by his boss to sign a release saying that he had been paid for his work - even though he had not. John Leavitt, business manager for the New England Carpenters Union in Maine, said this was just another example of how some contractors feel they can exploit their workers.

But employee misclassification affects not just the construction industry, but other types of businesses, as well. The state task force hopes to find a way to ensure all businesses are compliant with existing laws.

Continue reading "Maine Tackles the Problem of Misclassified Employees" »

Like any insurance coverage, reporting more workplace injuries can result in higher costs to employers for their workers' compensation coverage. Now the results of a recent investigation by the Government Accounting Office (GAO) and the federal Occupational Safety and Health Administration suggest that employers are discouraged from reporting workplace injuries and illness because it could affect their workers' compensation rates.

The report from the GAO, a nonpartisan government research organization, noted, "Several researchers and labor representatives said that because employers' workers' compensation premiums increase with higher injury and illness rates, employers may be reluctant to record injuries and illnesses."

According to an article on the Insurance & Financial Advisor website (www.IFAwebnews.com), the report also found evidence that "businesses sometimes hire independent contractors to avoid the requirement to record workers' injuries or illnesses because they are not required to record them for self-employed individuals."

Continue reading "Government Report Shows Employers Reluctact to Report Workplace Injuries to Keep Workers' Comp Costs Down" »

In a previous blog, we reported on the extensive wait that Pennsylvania residents can face when filing for Social Security Disability benefits. Many residents of Tennessee struggle with the same frustrations, but their congressman, U.S. Rep. John Tanner, is hoping to do something about it.

Tanner is the chairman of the Ways and Means Subcommittee on Social Security. In an article on nwtntoday.com, Tanner stated, "Since the beginning of 2009, the hearings backlog has begun to slowly decline. This shows that Congress' investment in SSA is starting to pay off." Tanner and the subcommittee have urged the Social Security Administration to continue to focus on reducing the backlog in disability claims. "Because applicants often have little or no income while awaiting a decision on benefits, the backlog has caused severe hardship to hundreds of thousands of Americans with significant disabilities," Tanner said in a statement.

Beth Bates, a Jackson, TN attorney who works with disability claimants, testified before the subcommittee about the impact the backlog has had on her clients. Bates said, "Foreclosures and bankruptcies have increased, with claimants losing their homes and vehicles and their economic stability."

Tanner and the subcommittee have made reducing the disability backlog a priority that will help social security disability claimants not only in Tennessee, but in all states.

Continue reading "Backlog of Social Security Disability Claims Starting to Decline" »