Pennsylvania Workers' Compensation Lawyers Blog

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.

One UPS driver in Ohio really takes his driving job seriously - as he just logged 50 years of service without an accident. This record is a first for UPS.

The driver has a 306-mile round-trip route between Ohio and Kentucky that he drives five days a week. When asked how many miles he has driven in total for UPS, he estimates it to be more than 4 million.

According to an article in the Business News section of the Atlanta Journal-Constitution, UPS has more than 5,200 drivers who have gone 25 years without an accident.

With so many truck accidents on the roads today, we applaud this driver and UPS for their dedication to keeping the roads safe for all drivers.

The state's seasonally adjusted unemployment rate for Dec. 2011 was 7.6 percent, down from 7.9 percent in November, according to the state's Department of labor and Industry.
Pennsylvania's unemployment rate was below the U.S. rate of 8.5 and has been below the national rate for 62 consecutive months.
The rate was down .9 percentage points from Dec. 2010.
The state's seasonally adjusted civilian labor force, the number of people working or looking for work, was down 2,000 in December, to 6,351,000. Resident employment was up 11,000 to 5,865,000 and the number of unemployed residents fell 14,000 to 485,000. The state's labor force was 25,000 in December, above last year's level.
The majority of the increase came from goods-producing industries which were up 6,200 from November. Nine of Pennsylvania's 11 supersectors added jobs in December, with the largest increase coming from 3,000 construction jobs. Mining and logging increased for the sixth consecutive month, up 600, for a record high of 34,400 jobs.

Last week the Pennsylvania State Supreme Court agreed to allow the Workers' Compensation Law Section of the Pennsylvania Bar Association to certify attorneys in the field.

The certification process will give consumers more information in choosing an attorney who is better qualified to handle workers' comp cases.

In 1995, the Pennsylvania Supreme Court ruled that attorneys could advertise that they were specialists in certain areas of law if they received certification from a court-approved body. Since then, the court approved groups to offer certification in practice areas including elder law and trial attorneys, but not workers' comp. Now that's changed.

Written certification exams may be available as early as this fall. Applicants must be licensed to practice law in Pennsylvania, have at least 5 years of experience in workers' comp law, and spend at least half of their time practicing in the field. Certification will last for 5 years.

The state Department of Labor and Industry believes filing and managing unemployment compensation claims online is the easiest, most convenient way for claimants to work with the department.
In a recent news release, L&I Secretary Julia Hearthway said many unemployment compensation services are available online, 24 hours a day, seven days a week and providing these online services gives claimants the opportunity to file and manage their claims from their own homes, a CareerLink office, public library, or any location where an Internet connection is available.
The unemployment website enables the claimants to file an initial claim, reopen a claim, file a biweekly claim, check a claim status, view payments, manage account information, and receive answers to frequently asked questions.
To file an unemployment compensation claim online, or to manage an existing claim, visit www.uc.pa.gov. To find the Department of Labor & Industry online visit www.dli.state.pa.us.

There may be some good news this week for the labor market. According to an article on CNNMoney.com, the Labor Department reported that 352,000 people filed initial unemployment claims last week, down from 402,000 claims the previous week. This is the lowest number filing for unemployment since the week ending April 19, 2008.

The article continued to say that when initial jobless claims fall below 400,000, it is often a sign of an improving labor market.

"Claims rarely go below 300,000, so when you're around 350,000 you're close to the job market being back to normal," said Robert Brusca of FAO Economics.

The article also said that the number of people who continue to receive unemployment benefits dropped 215,000 from the previous week, another positive sign.

Continue reading "Jobless Claims at Lowest in 4 Years" »

We were sorry to hear the news reported on the TimesLeader.com that Kraft Foods Inc. will eliminate 60 positions at its Hanover Industrial Estates location as a result of company restructuring. In total, 1,600 Kraft jobs will be lost in North America this year.

In the article, Kraft's corporate spokeswoman Valerie Moens said, "We are working to minimize the impact wherever possible through attrition and open positions."

It was reported that the Kraft announcement happened just days after Offset Paperback Manufacturers said it would cut 69 positions at its plant in Dallas.

Lawrence M. Newman, vice president of Policy, Planning and Development for the Greater Wilkes-Barre Chamber of Business & Industry, is quoted in the article as saying, "The unfortunate reality is that we continue to have an increasingly globalized marketplace and we continue to have an economy that still has not regained its appetite for consumer spending. And so there continue to be ramifications like the one that you say today."

Continue reading "Kraft in Hanover Township to Lose 60 Positions" »

A Lansdale company is looking out for both injured workers and insurers in the face of U.S. Post Office closings that could delay workers' compensation checks. In response, InsurCard will begin offering the InsurCard Visa ® Prepaid Card for Workers' Compensation payments.

With more than 487 Post Office closings across the U.S., printed and mailed claim-payment checks may not arrive as promptly to workers' comp claimants. But those who use an InsurCard Visa Prepaid Card are guaranteed on-time payments, since payments are deposited onto the card electronically so that funds are available immediately. The cards are accepted by ATMs, banks, and merchants, and wherever Visa debit cards are accepted. For insurers, payments are delivered to claimants on time, with no concerns for lost or stolen checks.

To see if this is an option for you, or for more information, visit InsurCard's website at fwww.insurcard.com.

Gov. Tom Corbett announced Jan. 9 the appointment of John E. Stevens as chairman of the state Civil Service Commission. Stevens was sworn in Jan. 3 after a unanimous senate confirmation Dec. 13. He will complete the four years remaining on the six-year term of former commissioner Marwan Kreidie.
The State Civil Service Commission, a three-member, bipartisan, independent
administrative agency, manages the state's merit employment system, which
covers approximately 58,000 employees in 38 state agencies and another 10,000 in
more than 300 county and local government agencies.
The commission administers tests for various civil service-covered positions and
compiles lists of eligible applicants, investigates allegations of violations of civil
service regulations and holds hearings on appeals and other matters related to
disputed personnel
Stevens, a U.S. Army Major General, retired, is the state's first civil service commissioner who is a veteran. He has more than 36 years of service in the U.S. Army and National Guard and is a Lehigh University Emeritus Professor of Management and Marketing; and Director, Master of Professional Studies in Supply Chain Management, Smeal College of Business, Pennsylvania State University. He holds a Ph.D in Management and M.A. in Industrial Relations form the University of Cincinnati and an M.B.A. and B.S. in Industrial Management from the University of Dayton. He is also a graduate of the Army War College.

On Jan. 30, regulations will take effect for a rule under the U.S. Longshore and Harbor Workers' Compensation Act that will exclude most workers who maintain or repair recreational boats and watercraft.

According to an article on BusinessInsurance.com, an amendment under the American Recovery and Reinvestment Act of 2009 excluded laborers who repair or dismantle any recreational water vessel from coverage under the Longshore Act, as long as they are covered under a state's workers' comp law.

The new regulations will include an updated definition of "recreational vessel" as well as standards for determining the effective date of a worker's injury.

The Longshore Act requires compensation and medical care for employees injured on the navigable waters of the United States, or in adjoining areas used in loading, unloading, repairing, or building a vessel.

Additional eligibility requirements have recently been added to the Pennsylvania Unemployment Compensation Law.
According to the state Department of Labor and Industry, if the effective date of your application for unemployment benefits is on or before January 1, 2012 you are required to do all of the following:
1. Register for employment search services with Pennsylvania Career Link within 30 days after you file your application.
2. Conduct an active search for work during each week that you seek UC benefits, except your waiting week.
3. Keep a record of your work search activities and provide the record to the department when requested.

In order to meet your weekly work search requirement, you must satisfy one of the following during each week that you seek benefits:

The first option is to apply for at least three jobs during the week and either
1. Attend a job fair
2. Search positions posted on CareerLink or Internet job banks
3. Create a post or resume in the CareerLink system or other resume posting service
4. Contact colleagues, former co-workers or other individuals in similar professions or occupations to make known your availability for employment or to obtain information about employment opportunities
5. Use an employment agency, employment registry, or school placement service
6. Take a civil service test or other pre-employment test
7. Participate in a program offered through CareerLink

If you work part time during a week and claim partial benefits you are only required to apply for two jobs during a week and you do not have to satisfy any other part of the option.

The second option is to maintain an active registration in a union hiring hall.
In addition, under the addition to the law, you are required to keep a record of your efforts to find work each week that you seek benefits and you must retain the record for two years. You are encouraged to use Form UC-304, Record of Job Applications and Work Search Activities, which is located online or in the middle of the mailed version of Form UCP-1, the Pennsylvania Unemployment Compensation Handbook.

The active search for work does not apply:
1. For any week that you are in training approved by L&I or under the Trade Act.
2. For any week that you are required to participate in the Pennsylvania Profile Reemployment Program at CareerLink.
3. For any week that you are participating in work sharing under Article XIII of the UC Law.
4. If your employer reduced your hours of work or laid you off for economic reasons and your employer has advised you that you will return to work within 28 calendar days after the date when you last worked

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" »