Articles Posted in Workers’ Compensation

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.

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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.

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.

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

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).

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 attorneys and staff of O’Connor Law wish you and your family a Happy Thanksgiving and safe journey to those who are travelling this holiday weekend!

This week the Pennsylvania Superior Court decided in favor of Kraft Foods Global Inc., saying that they could not be sued for damages by a Nabisco employee who was severely injured by cracker-cutting equipment.

According to an article on BusinessInsurance. com, the employee began working at the Philadelphia bakery in 1999 or 2000, when the plant was then owned by Nabisco Inc. Nabisco was acquired by Kraft in 2001. The employee lost his left arm and injured his right hand while operating a Ritz Cracker machine in 2007.

The employee sued Kraft for his injuries, arguing that the company has a “distinct and separate role” from Nabisco that makes it a liable third party in his case. He also claimed that Kraft was liable because it was the successor to Nabisco, which made the machine that injured him.

Videos recently released by the U.S. Department of Labor’s Occupational Safety and Health Administration have been designed to alert workers and employers about the hazards of the construction industry.

According to a news release issued Nov. 14, the 12 videos are each two to four minutes long, are available in either English or Spanish and all but one are animated. The topics covered include falls, workers who are struck by vehicles or heavy equipment, sprain and strain injuries, trenching and excavation hazards, and carbon monoxide poisoning.

According to OSHA, the videos are based on real-life incidents and include detailed depictions of hazards and the safety measures that would have prevented injuries and fatalities.

The high injury rates of health care workers in nursing homes have not gone unnoticed by the Occupational Safety and Health Administration (OSHA). In a Nov. 9 announcement, Assistant Labor Secretary David Michaels said, “OSHA is responding by launching, in the next few months, a national emphasis program on nursing home and residential care facilities.”

In 2011, about 500 nursing homes were subject to OSHA inspections because they had above-average numbers of workers with on-the-job injuries.

In the Nonfatal Occupational Injuries and Illnesses Requiring Days Away from Work, 2010, the Bureau of Labor Statistics issued a report on how often employees missed at least one day of work because of a workplace injury on illness. For nursing aides, orderlies, and attendants, 489 out of every 10,000 employees had medical issues that kept them home. Among health care workers, the most common injuries were muscle sprains, strains, and tears, totaling 56 percent. Bruises and contusions made up 9 percent. The most common causes of these injuries were overexertion from activities including lifting, falls, and contact with objects.