Pennsylvania Workers' Compensation Lawyers Blog

According to insurancenewsnet.com, the Memic Group has acquired Vermont-based Granite Manufacturers Mutual Insurance.
The purchase will allow Memic to continue its growth plan for the Eastern United States in the commercial workers' compensation insurance market according to Memic President and Chief Executive Officer John T. Leonard.
Also, Memic said it will open offices in New Jersey and Pennsylvania in 2012. In 2010, Memic Group was the fifth-largest underwriter of workers' compensation business in New England and was among the fastest-growing in New York.
"At a time when some companies are continuing to shrink, our Memic Indemnity Co. unit has grown by more than 25% this year," Leonard said in a statement.
He noted the company is "getting great response" from independent agents in the mid-Atlantic states.
Insureancenewsnet.com states "Memic is a private, assessable mutual insurance company and is Maine's largest workers' compensation carrier, according to BestLink. The company insures more than 70% of Maine's insured employers and maintains in excess of 60% of the state's workers' compensation written premium."

Late last week, the Supreme Court of Kentucky ruled that the screening system used to detemine if a miner qualified for workers' comp is actually violating the miners' constitutional rights. In particular, miners must jump through many hoops to qualify for compensation, and the court said this practice unduly prejudices the miners' cases.

According to an article on SurfKY News Group (surfky.com), Kentucky law requires that an inventory of tests to prove if compensation is warranted. But the Supreme Court ruled that those suffering from black lung disease were being denied their equal protection under the law because the tests are not justifiable. Other workers in other fields are not required to undergo the same set of tests for determining their eligibility for workers' comp. Justice Will T. Scott noted that "such an irrational system proffers disparate treatment of miners. That disparate treatment is inherently discriminative."

As a result of the ruling, miners' families who are coping with this debilitating disease can now pursue reasonable claims for workers' compensation.

In 2009, Kentucky produced approximately 110 million tons of coal, and is regularly in the top three producers of coal in the United States.

Continue reading "Unfair Screening Practices in Kentucky Violate Coal Miners' Rights to Comp" »

According to an article posted last week on CNN.com, a new study shows that many police officers need more and better sleep.

The results are alarming: Researchers screened officers for sleeping disorders and found that 40% had at least one disorder, such as obstructive sleep apnea or insomnia. Those with sleeping disorders were 51% more likely to fall asleep while driving, 63% more likely to violate safety protocols, 43% more likely to make administrative errors, and 22% more likely to be injured on the job, compared to officers reporting no sleeping disorders. Also, citizens filed 35% more complaints against officers with sleeping disorders.

Nearly half of all police officers surveyed for the study reported having fallen asleep at least one time while driving, while one-quarter of all officers said that this happens once or twice a month.

"It's an extraordinarily high number of sleeping disorders," said Dr. Charles Czeisler, Chief of the Division of Sleep Medicine at Brigham and Women's Hopsital. "The main message is that sleep disorders are very prevalent in the police and I'm sure the general population is not far behind."

The study participants included officers from the Philadelphia Police Department and Massachusetts State Police.

According to the Scranton Times-Tribune, Scranton officials want to borrow $5 million from its workers' compensation fund to pay the outstanding balance on a tax anticipation note.
The article published Dec. 20 stated the money would be paid back in 2012, which city officials have said would add to a $3 million deficit expected to come from an $85.3 million budget adopted by city council last week.
State approval is needed to borrow the money to pay the TAN, which is used to pay bills until tax revenue comes in. Scranton business administrator Ryan McGowen said the city must pay back the TAN this year to be eligible for a 2012 TAN.
The article stated the workers' compensation fund totals about $16 million, which is the level required under state law, and the reason state approval is needed, according to McGowan. A 2001 trust agreement between the state and city requires the asset level of the account to be maintained at 75 percent of the city's outstanding liability for workers' compensation.
City officials acknowledged that while borrowing from the fund may be necessary to enable access to future TANs, it could contribute to the city's financial troubles.
In a letter dated Dec. 20, Fred Reddig, executive director of the Governor's Center for Local Government Services, blames the city council for failing to act on proposals that could have stemmed a cash flow crisis and also said the city must take steps to receive state approval to borrow the money from the workers' compensation fund, including that payback be assured and that there is written acknowledgement of the agreement of city leadership, the Times-Tribune reported.
Reddig said the 2012 budget does not address the $5 million. City council said it did not learn of the plan until after the budget was passed.
The newspaper reported Scranton Mayor Chris Doherty said in a memo to city officials that not paying the tax anticipation note would risk the city not being able to pay its employees for at least three pay periods.

According to a recent news release, the governor will lead a delegation of Pennsylvania business leaders on a trade mission to France and Germany in the spring focusing on connecting Pa. companies with potential export partners and encouraging international business to invest in the state.
The mission will be privately funded by the Team Pennsylvania Foundation, a non-profit partnership with the state.
"With the private-sector support of the Team Pennsylvania Foundation, I am proud
to lead our business leaders on this mission to create real opportunities for economic investment and job growth," Corbett said in the news release. "While in France and Germany, we will connect our businesses with opportunities to enter new markets and will
meet directly with companies that are looking at investing and creating jobs in Pennsylvania."
France and Germany are two of Pennsylvania's most important trade partners, the release stated, and combined represent the state's fourth largest export market and number one source of foreign direct investment.
The state Department of Community and Economic Development's Office of International Business Development is working on several investment projects from France and Germany and Gov. Corbett and DCED Secretary C. Alan Walker will work with OIBD's international representatives to meet with company officials with a goal of securing the projects and the new jobs that will follow.
OIBD and Pennsylvania's Investment representative in France have been meeting with company officials in Paris and in the United States since 2007, working to promote Pennsylvania as the ideal location for their expansion projects in the U.S. energy market.

The U.S. House of Representatives recently approved the Federal Workers' Compensation Modernization and Improvement Act, legislation that will strengthen and enhance the workers' compensation program for federal employees.
"Reform of the federal workers' compensation program is long overdue. "I am grateful for the time and effort my colleagues on both sides of the aisle invested in advancing this responsible legislation. I hope this represents not only a first step toward modernizing the Federal Employees' Compensation Act, but also a renewed effort to work together in pursuit of meaningful solutions that better serve both workers and taxpayers," House Committee on Education and the Workforce Chairman John Kline (R-MN) said of H.R. 2465.
Kline introduced the Federal Workers' Compensation Modernization and Improvement Act in July with support from Ranking Member George Miller (D-CA), Subcommittee on Workforce Protections Chairman Tim Walberg (R-MI), and Subcommittee on Workforce Protections Ranking Member Lynn Woolsey (D-CA).
"The federal workers' compensation program has not been significantly updated in almost 40 years," Walberg said in a news release. "As is too often the case with government programs left unchecked, waste and inefficiencies have crept into the system, leading to poor use of taxpayer resources and diminished support for those the program is intended to serve. This legislation will help ensure federal employees have access to a program that reflects the realities of today's economy and the best practices in medical care."
The program established in 1916 by the Federal Employees' Compensation Act and operated by the Department of Labor, is no longer effectively serving the needs of beneficiaries or taxpayers. The recently passed Act will enhance program efficiency, improve program integrity, and modernize benefits for today's economy, the news release states.

Pennsylvania's seasonally adjusted unemployment rate dropped in October, down to 8.1 percent from 8.3 percent in September. The rate is down .4 percentage points from October 2010.
The state's seasonally adjusted civilian labor force, the number of people working or looking for work, was up 18,000 in October according to a statement issued by the state Department of Labor and Industry.
Non-farm jobs were up 13,800 in October with goods-producing and service-providing industries adding jobs with Mining and Logging, Education and Health Services and Leisure and Hospitality reaching record highs according to L&I officials.
The largest increase came in Leisure and Hospitality, up 4.000.
Manufacturing jobs were up 1,000 from September, and according to L&I statistics the sector has added jobs eight times in 2011.
Construction and Professional & Business Services jobs were down in October.