Pennsylvania Workers' Compensation Lawyers Blog

According to a recent article in The New York Times, federal charges were filed against Gary May a superintendent of the West Virginia coal mine where an explosion killed 29 workers in 2010.
The charges, filed in federal court in West Virginia, include conspiracy to defraud the United States by impeding a federal agency, a felony that is punishable by up to five years in prison. The documents state May directed workers to falsify record books and spoke to them in code as a warning when inspectors were coming so workers could conceal violations and avoid penalties.
Charges also include changing the ventilation system in the mine just before federal inspectors arrived to make it appear that the parts of the mine being examined by inspectors had better air than they actually did.
"Mine safety and health laws were routinely violated," the charging document stated, "in part because of a belief that following those laws would decrease coal production."
The article states May began working at the Upper Big Branch mine Feb. 2008 as a foreman according to the charging document and was promoted to superintendent in 2009, holding that position through April 5, 2010, when the explosion happened.
May is the third and most senior supervisor to be charged in the what has been called the worst mining accident in the United States in 40 years. Last year charges were brought against the mine's security chief and a foreman.
Legal observers are saying May's charges indicate that prosecutors are getting closer to Massey Energy executives, the company who ran the mine which has since been bought by Alpha Natural Resources.
The New York Times article states May became an employee of an Alpha subsidiary after that company acquired Massey Energy last year but has been placed on administrative leave.
The article also states the way the charges were filed -- directly to the court by prosecutors from the United States attorney's office, instead of by a grand jury indictment -- indicates that May is cooperating with prosecutors, a strategy that could eventually lead prosecutors to top executives, including Don L. Blankenship, the former head of Massey, who state investigations say cut corners and ignored risks to make a profit.
"They're moving up in the food chain," Tony Oppegard, a Kentucky lawyer who defends miners, said in the Times article. "This will cause some sleepless nights for people high up in the corporate ladder."

Today the Centers for Disease Control and Prevention (CDC) issued a warning after 13 deaths were linked to the use of a chemical found in paint-removers used to strip bathtubs. Those who died were workers using products containing methylene chloride, an industrial degreaser.

According to the CDC's Morbidity and Mortality Weekly Report, "Each death occurred in a residential bathroom with inadequate ventilation." The Report also said, "Protective equipment, including a respirator, either was not used or was inadequate to protect against methylene chloride vapor."

In confined spaces, using products that contain methylene chloride presents deadly risks. The report added that the chemical "has been recognized as potentially fatal to furniture strippers and factory workers but has not been reported previously as a cause of death among bathtub refinishers."

The CDC warns, "Employers should strongly consider alternative methods of bathtub stripping."

If you or someone you know is employed as a bathtub refinisher, please make sure they are aware of this latest and potentially deadly warning.

Work is underway to help prevent flooding along Swatara Creek in Pine Grove Borough and recently unemployed workers are doing much of the work.
According to WNEP.com a federal grant is paying to remove debris from the creek to allow the water to run more smoothly during periods of heavy rain and not back up flooding homes and businesses.
With the job market being tight, the local workers are taking on the cleanup project to help pay the bills. Some of the workers said they are jumping into new territory with the river cleanup, but that is just fine with them.
Project coordinators said this is why the project was designed-to help people and places.
"It helps municipalities. There is no real financial burden on them and it helps displaced workers find some employment," said Joe Slovick, project coordinator, told WNEP.
Organizers said there is plenty of work with the Pine Grove cleanup to keep workers busy, even longer than first designated.
"Our program is designed to work for six months but because of the time frame and magnitude of work, our program will go to December 2012," Slovick said.

A vote of approval by the state House of Representatives could mean an increase in salary for corrections managers for the first time in a number of years.

According to an article on the RepublicanHerald.com, Senate Bill 1019 addresses pay differences between corrections managers and lower-ranking officers in the state Department of Corrections (DOC).

In the article, Susan Bensinger, spokeswoman for the state DOC, is quoted as saying, "The pay jump from sergeant to lieutenant has disappeared since the pay raise was eliminated for a number of years. There was no incentive for a sergeant to make the jump to lieutenant. It is a difficult environment to work in and it was a bit of a morale problem."

Sen. David Argall, R-29, was the bill's prime sponsor. Salaries for manager positions in the state DOC were frozen while lower-ranking officers contracted with a union, still received annual raises. As a result, officers could earn more than their managers. In the article, Sen. Argall said, "This bill essentially says we have to give these people a raise."

According to the article, the proposed legislation says, "A corrections manager shall receive not less than the same annual percentage salary and fringe benefit increase as received by the highest ranking corrections officer participating in collective bargaining."

Of the 2 state correctional facilities in Schuylkill County, State Correctional Institution-Mahanoy has 2,289 inmates with a total of 600 employees and State Correctional Institution-Frackville has 1,137 inmates with 450 employees. In security positions, SCI-Mahanoy has 327 employees and SCI-Frackville has 283.

There is no date set yet for the House vote on the bill.

No matter the location or type of job, as workers' comp attorneys we are always surprised when we read about a hard working employee who is prohibited from receiving benefits after being injured on the job. Such is the case of an Illinois worker who claims he was fired from his job for attempting to file for WC benefits.

According to an article on the MadisonRecord.com, a man was working as a supervisor for an explosives company in Alton, IL when he sustained leg and arm injuries, that kept him out of work for 1 week. When he tried to file for workers' comp benefits so that he could be reimbursed for his medical costs, his suit claims that he was fired from his job just over 2 weeks later.

In the article, the man's suit states, "The termination of the Plaintiff's employment with the Defendant is causually related and intended by the Defendant in retaliation for Plaintiff's pursuit of his remedies under the Workers' Compensation Act."

Continue reading "Illinois Worker Fights for Compensation" »

According to an article on Health.com, there are some jobs and job characteristics that could potentially increase your risk for heart disease. Work-related factors that can affect your heart include sitting at a desk for long hours, irregular working hours, as well as exposure to some chemicals or pollution. So Health.com put together a list of some jobs to watch out for, as well as some ways to keep your heart healthy if you do work in one of these fields.

Desk Jobs: People who sit at a desk for extended hours have a higher risk of heart problems than workers who have more active jobs. It appears that prolonged sitting can cause a drop in insulin sensitivity and enzymes that break down fat. Standing up and walking around occasionally during working hours may help.

Emergency Responders: Emergency responders often juggle periods of less activity with high stress activity. According to the article, about 22% of deaths of police officers and 45% of deaths of firefighters that occur on the job are due to cardiovascular disease. Stress, exposure to pollutants, as well as other risk factors can contribute to their heart problems. It's important for emergency responders to focus on healthy eating, exercise, and lowering blood pressure to try and reduce the risk of heart disease.

Shift Workers: Jobs that involve rotating shifts are linked to higher risk of heart disease and type 2 diabetes. Shift work often disrupts a person's "body clock", that regulates blood sugar, blood pressure, and insulin levels. Short amounts of sleep are linked to greater heart risk. Also, night shift workers also seem to be more likely to smoke.

Factory Jobs: Those who work at jobs that are highly demanding, such as factory jobs where there are hourly quotas, are thought to be at higher risk of heart disease. Workers often have little control over the pace or other parts of the job. The famous Whitehall study involved a study of about 11,000 British civil servants and found that workers with low job control had double the risk of heart disease compared to those with more control over their jobs. The study also found a 67% increased risk for coronary heart disease among British civil servants who worked 11 or more hours a day, compared to those who worked 7 to 8 hours.

BusinessManagementDaily.com recently posted an interesting question: do workers' comp laws apply if an employee is injured while working in his home and using his own equipment?

According to the article, this is possible if the employee is injured while acting in the course and scope of his employment. It mentioned the case of a woman who was injured when she fell down the stairs to her basement home office while talking on the phone to her supervisor. The Pennsylvania Commonwealth Court said she injured herself in the course and scope of her employment because she was engaged in furthering the employer's business at the time she was injured.

Continue reading "Workers' Comp and Telecommuting" »

The phase-out of incandescent light bulbs for more energy-efficient lighting alternatives is taking its toll on Global Tungsten and Powders Corporation (GTP) in Towanda. According to WNEP.com, the Bradford County company will be eliminating 150 jobs this year due to a drop-off in sales of the wiring used in incandescent bulbs.

GTP is one of Bradford County's largest employers, with 950 people employed at its Towanda plant. Job eliminations will begin in September. A company spokesman said this will mean retirement, a transfer, or for fewer than half, layoffs.

Continue reading "Bradford County Plant Facing Layoffs" »

Gov. Tom Corbett signed Senate Bill 1375 into law Thursday, ensuring federally funded Extended Benefits in Pennsylvania will continue to unemployment compensation claimants through March 10.
Extended Benefits, additional weeks of unemployment compensation payable to qualified workers when the state's unemployment rate reaches a certain level, are only payable after individuals have exhausted their rights to state-funded benefits and federal Emergency Unemployment Compensation. High Unemployment Period Extended Benefits are payable to individuals who have exhausted their regular Extended Benefits.
The new legislation will allow claimants to receive High Unemployment Period Extended Benefits through Feb. 18, 2012, and regular Extended Benefits through March 10, 2012.
The Department of Labor & Industry's Center for Workforce Information & Analysis estimates the law will allow 17,000 claimants to collect $30 million in federally funded Extended Benefits from Feb. 5 through March 10, 2012.

The U.S. Department of Labor's Occupational Safety and Health Administration cited Scranton Dunlop Inc., doing business as Sandone Tire, for 19 safety violations, including four repeated, at its Scranton facility.
Proposed penalties total more than $58,000.
OSHA initiated an inspection as part of its Site-Specific Targeting Program for industries with high injury rates.
The repeated violations, which carry penalties of $26,600, include failing to ensure that open-sided floors and/or platforms four feet or higher were guarded with railings and toe boards; failing to ensure employees were able to open an exit door from the inside at all times without keys, tools or special knowledge; failing to properly guard pulleys with parts seven feet or lower from the floor or work platform; failing to properly guard horizontal belts; failing to provide proper covers for all pull boxes and fittings; and failing to install face plates for snap switches mounted on boxes.
The company was cited for the same violations in 2008.
The serious violations include failing to provide railings and other guards for stairways; failing to provide intermediate railings in other areas; failing to provide water sprinklers for a paint spray booth; failing to make portable fire extinguishers available and accessible; failing to train workers on using fire extinguishers and forklifts; failing to correct a variety of electrical hazards; failing to inspect powered industrial trucks; failing to secure lifted loads; and failing to separate oxygen and fuel-gas cylinders.
Four other-than-serious violations include uncovered floor holes, substandard exit signs, inadequate inspection of the energy control program and unlabeled hazardous chemical containers.
According to an OSHA news release, Sandone Tire, which employs about 75 workers, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

As our economy continues to struggle, we've all come to value our jobs, no matter what type of work it is. But with jobs at such a premium, some employers see it as an opportunity to take advantage of their employees. A sad example is offered in an article by the Associated Press about a slaughterhouse in Kansas that allegedly has not been paying employees for all time worked.

According to the article, hourly employees receive "gang time" compensation, which means employees are only paid when product is moving. Also, employees are only paid for a total of 10 minutes to put on and remove protective gear. Workers claim they are not being paid for all the time they work.

As a result, a lawsuit has been filed on behalf of nearly 700 workers at the slaughterhouse. Today a federal judge granted conditional class-action status that would include all hourly production employees. The judge also ordered that notice of the lawsuit must be posted in English and Spanish at the facility.

Continue reading "Kansas Slaughterhouse Workers Granted Class-Action Status" »

A warning to those on workers' comp: be careful of the photos you post to your social network profiles, because they can potentially be used against you.

According to an article on ABCNews.com, an appeals court ruled that photos of an injured employee posted on his Facebook and MySpace accounts that showed him "drinking and partying" could be used to deny him further workers' comp benefits.

The employee was injured on the job when a refrigerator fell on him. He received compensation for medical expenses and also received temporary total disability benefits for more than a year. After three surgeries resulting from his injury, he sought an extension of his benefits, saying that "excruciating pain" required further medical treatments and disability payments.

According to the article, an administrative law judge and the Arkansas Compensation Commission denied his application for additional benefits, so he hoped the Arkansas Court of Appeals would reverse the ruling. In his appeal, the employee requested that the court ban the photos from the social network sites because they were unrelated to his medical treatments.

However, the appeals court agreed with the previous rulings and denied additional treatments because diagnostic tests showed "no recurrent hernia and surgery."

An opinion written by a judge on the Arkansas Court of Appeals stated, "We find no abuse of discretion in the allowance of photographs. Clement contended that he was in excruciating pain, but these pictures show him drinking and partying."

Continue reading "Social Network Photos Used to Deny WC Claim for Additional Benefits" »

According to a press release from the Pennsylvania Department of Insurance, a 5.7 percent decrease in overall workers' compensation costs has been approved that could result in $160 million in savings for Pennsylvania employers.

"Pennsylvania employers are able to benefit from the outstanding job they are doing to provide safer workplaces," said Labor & Industry Secretary Julia Hearthway. She added, "There are 9,652 businesses enrolled in our Certified Workplace Safety Committee program, so they will receive an additional five-percent discount. More than 1.3 million people work at businesses with a certified safety committee."

Although some will see rates go up and some will see no change, employers can expect a 5.7 percent rate decrease on average in 2012.

According to Insurance Commissioner Mike Consedine, "Our workers' compensation insurance system is sharply competitive, yet this marks the first time in three years that the Pennsylvania Compensation Rating Bureau has filed for a rate decrease."

The U.S. Department of Labor's Occupational Safety and Health Administration recently cited QG LLC for eight serious violations of the process safety management standards at its Atglen facility in response to an employee complaint.
According to the OSHA website, proposed penalties on the North Haven Connecticut based web offset printing company total $54,000.
About 240 employees work at the Atglen site located in Chester County.
The citations include failing to provide information about the equipment being used, establish written operating procedures and safe work practices, conduct employee training, conduct a pre-start up safety review, implement written procedures for ongoing integrity, develop procedures for management of change, certify that compliance was evaluated at least every three years, and ensure that installations of equipment in hazardous locations were intrinsically safe or approved for the hazardous location.
OSHA has specific requirements for the management of hazards associated with processes using dangerous chemicals and serious violations occur when there is substantial likelihood that death or serious physical harm could result from a hazard about which the employer knew or should have known.
QG LLC has 15 business days after receiving the citation to comply, ask for an informal conference with OSHA, or to contest the citation and penalties.