Pennsylvania Workers' Compensation Lawyers Blog

An article on BusinessInsurance.com reported on a recent ruling by Pennsylvania's Supreme Court: an injured worker's voicemail and other communications showed that she adequately notified her employer her injury, which entitles her to workers' comp benefits.

The employee was responsible for inspecting helmets made for the U.S Air Force. Over the course of a 2 year period, she experienced swelling in her hands and was forced to leave work due to the pain. She notified her employer of her condition as was required, and she applied for short-term disability. She also indicated to the employer that she believed the injury was not work related. However, a specialist diagnosed her with carpal tunnel syndrome and concluded that her injuries were a result of her work. She notified her employer of the doctor's diagnosis by leaving voicemails with the human resources department because she was not able to speak directly with anyone at the employer.

When her doctor released her back to work with restrictions, her employer said she they did not have a position that met her restrictions and she was terminated.

A few months later, she filed a workers' comp claim and a workers' comp judge found that she did suffer a work-related injury. He also ruled that her complaints of pain, her short-term disability claim, and her voicemail messages acted as sufficient notification to her employer of her injury. Although a workers' compensation board agreed, a Commonwealth Court judge overturned the decision, saying she failed to sufficiently describe her injuries to her employer.

The case was taken to the Pennsylvania Supreme Court, who reversed the lower court's order and ruled that the employer was aware that the employee suffered a work-related injury. The Pennsylvania Supreme Court said that although her notice to the employer was not "letter perfect", Pennsylvania's workers' comp law states that "a meritorious claim ought not, if possible, be defeated for technical reasons."

Continue reading "PA Supreme Court Rules in Favor of Injured Worker" »

As workers' comp attorneys, we try to stay on top of the latest news regarding workers' comp cases not only in our own state of Pennsylvania, but throughout the world. That's why we took notice to an article posted on CNN.com that reported that a health study on the working conditions at Samsung's Electronics' semiconductor factories in South Korea posted no health risks to workers.

The study was conducted by a U.S.-based firm, but was commissioned by Samsung. It found no link to the diagnosis of leukemia of several ex-plant workers. However, they would not release data backing the conclusion, due to sensitivity over trade secrets.

A number of Samsung plant workers and their families have been fighting for work injury compensation since 2009, accusing Samsung of using substances for manufacturing semiconductor parts that has led to leukemia and rare forms of cancer.

Kong Jeong-ok, a researcher at the Korea Institute of Labor Safety and Health and a supporter of the former Samsung workers' group, is quoted in the article as saying, "They [Samsung] have not address any of the controversial issues and continues to lay out abstract answers. It seems like it was all a huge show."

So far, only 2 ex-employers who died of leukemia after working at the same production line have been successful in winning a suit filed against the country's workers' compensation agency in June. Korea's Workers' Compensation and Welfare Service filed an appeal after Samsung announced the results of its study.

Continue reading "Samsung Workers Fight for Injury Compensation" »

In April, we blogged about the efforts of Pennsylvania insurance agents to pass legislation that would allow insurers to cover some small businesses through a workers' compensation policy. It appears that their efforts have paid off, as the Insurance & Financial Advisor Web News has reported that the bill has passed the Pennsylvania House.

The bill, HB440, would amend the Workers' Compensation Act and would allow insurers to provide workers' comp coverage to members of a limited liability corporation and partners of a business partnership.

The bill was signed by Pennsylvania Gov. Tom Corbett. It takes effect on Aug. 29.

In the article, Vince Phillips, president of Phillips Associates, is quoted as saying, "This is a positive impact because it allows more people to get workers' compensation insurance and comply with the law."

One of the ways that we measure the success of the work that we do is by reviewing comments and feedback from our clients. So we were truly honored when Attorney O'Connor was named Labor Partner of the Year by union members of the Lehigh Valley Labor Council. We're proud to share this good news with you.

Attorney Michael J. O'Connor, founder of Michael J. O'Connor & Associates, was named Labor Partner of the Year at the 2011 Lehigh Valley Labor Council Awards Dinner which took place in Northampton, Pennsylvania and was held at the Northampton Memorial Community Center. The event took place on Friday, April 29, 2011.

At the annual dinner, Attorney O'Connor was named labor partner of the year. This prestigious award is given to the person and/or business who have contributed to the local unions throughout the past years.

"Michael J. O'Connor and Associates joins a prestigious group of previous recipients of this award such as Capital Blue Cross and Verizon on unwavering support of working families in the Lehigh Valley and Commonwealth of Pennsylvania," said Lehigh Valley Labor Council President Gregg Potter.

The annual Lehigh Valley Labor Council Awards Dinner featured President Gregg Potter, speakers Michael Kessler, Chairperson of the Northeast PA ALF, Dave Fillman PA State Director, AFSCME and keynote speaker Cecil Roberts, President, UMWA. Also attending the event were many members of adjoining unions. The annual event provides an opportunity for unions to come together for one special night to show their partnership and strength.

"We at Michael J. O'Connor and Associates are proud to be a part of this prestigious group and are honored to be nominated for Labor Partner of the Year. We are committed to fighting for the rights of working men and women in the State of Pennsylvania." Attorney Michael J. O'Connor.

Continue reading "Attorney Michael J. O'Connor Named 2011 Labor Partner of the Year at 50th Annual Lehigh Valley Labor Council Awards Dinner" »