Articles Posted in Workers’ 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.

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 O’Connor Law, 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.

“O’Connor Law 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 O’Connor Law 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

According to CNN.com, officials maintain that the rescue of 3 Kentucky miners trapped in a Bell County mine on Monday will be successful.

The U.S. Mine Safety and Health Administration said the miners, trapped behind water in Jellico No. 1 mine, are unhurt. Emergency responders have been speaking with the trapped miners as four pumps remove water from the mine.

The mine became flooded by heavy overnight rain, filling the mine and trapping the miners 600 feet from the entrance. Water has stopped coming in and it has been confirmed that there is enough oxygen for the men. Officials do not yet have an estimated time for rescue.

The Times-Tribune.com of Scranton recently posted an interesting Opinion column about an issue that arose at a recent state Senate hearing: that some unemployed people are gambling away their workers’ compensation benefits at casinos. It appears to be a reflection of our current economic conditions: people who have lost their jobs are trying to cover those losses at a slot machine or black jack table.

According to the article, neither the state Department of Labor and Industry nor the state Gaming Control Board has data on how many Pennsylvanians gamble with their workers’ compensation benefits because there’s no way to track it. But the issue came up at a State hearing on extending benefits for about 45,000 of the 450,000 Pennsylvanians receiving workers’ comp.

By regulation, casino ATMs must reject debit cards issued by the state Department of Public Welfare. Similarly, state Sen. Lisa Boscola, a Northampton County Democrat, has introduced legislation that would require casinos to block workers’ comp debit cards as well. However, her amendment has failed every time it’s been introduced.

As working men and women try to gain some footing in the recession, we were happy to read a recent article by The Morning Call of Allentown (Mcall.com) about a workshop held at Pennsylvania CareerLink Lehigh Valley that helped those laid off from the Wells Fargo call center in Bethlehem learn how to navigate the job market.

Joyce Sivell, a client services manager at CareerLink, was quoted as saying, “Losing a job is like a death in the family. It’s like having a rug ripped out from beneath you.”

These workshops are hosted by the state to help those who have lost their jobs in a bleak job market.

Laid off workers learn how to file for unemployment compensation, what health care options and job training opportunities were available, and where to find credit counseling and other social services that are available for assistance.

Attendees also learned how they could use part-time work to stretch out their unemployment compensation, as well as state-subsidized health insurance programs that can lower their health care costs while looking for a job.

Continue reading

One of our local newspapers, CitizensVoice.com, reported a workplace accident that injured an employee this week at a Wilkes-Barre business.

According to the article, a large beam or pipe being moved by machinery became loose and fell on an employee at Mountain Productions, a company that builds stages for events. Although the employee’s name was not released and the details of the accident were not made public, Luzerne County emergency dispatch said that the employee’s leg was severed in the accident.

An investigation into the accident has been launched by the federal Occupational Safety and Health Administration.

Continue reading

Our colleagues at the Workers Injury Law & Advocacy Group (WILG) provided information in an article posted in today’s Huffington Post about reform of workers’ compensation laws. At issue is a Maine bill that would lessen the role of psychological and emotional harm in determining a worker’s right to compensation after an injury. On one side is the Maine Chamber of Commerce and insurers who are for the bill. On the other side are labor groups and workers, in particular emergency responders, who feel that mental and emotional injuries are as important as physical injuries when it comes to compensation.

Proponents say the reforms are aimed at lawyers who manipulate the system. The articles points out legislative activity in a number of states, including Maine, North Carolina, Illinois, and Montana, that is attempting to reign in the costs to employers of workers’ compensation claims.

In the article, a representative of the WILG, which represents claimants’ attorneys, told the Huffington Post that “workers’ rights and benefits, nationwide, appear to be under greater attack this session.” For example, in North Carolina there is no cap on the amount of time an injured worker can collect compensation. But opponents would like to see that limited to 500 weeks, saying higher taxes and insurance premiums for employers discourages businesses from settling and staying in the state. Those against the cap are afraid such a bill could make it harder for injured workers to change doctors and could redefine what is meant by “suitable” employment.

An interesting article that we found recently on Becker’s Orthopedic, Spine & Pain Management Review outlines some factors that doctors and surgeons take into consideration before performing surgery on workers’ compensation patients.

1. Some spine surgeries that can be done in an outpatient ambulatory surgery center usually reimburse well for workers’ compensation cases. So it may not be uncommon for a doctor to recommend an anterior cervical and lumbar discectomies and some fusions to be done in the outpatient setting.

2. When a doctor assesses a patient for surgery, they not only examine a patient’s physical characteristics; they also assess a patient’s psychological health and the patient’s motivation to recover. Another factor they consider is the length of time a patient has been on pain medication, as that can cause further complications.

3. According to an article published in the Journal of Spinal Disorders & Techniques, recovery expectations among workers’ compensation patients with back pain can predict their recovery. A study of workers’ compensation claimants found that those who had negative work-related recovery expectations were more likely to have slower suspension of time-loss benefits and slower claim closure in patients with back pain.

4. A study by Trang H. Nguyen, MD, of the University of Cincinnati College of Medicine, showed that spinal fusions led to worst long-term outcomes in workers’ compensation patients compared to those patients who underwent nonsurgical treatment. The study examined workers who underwent spinal fusion for low back pain, most of whom had degenerative disc disease, herniated discs or nerve root disease. Spinal fusion patients were also more likely to continue to use opioid drugs for pain management. Those who received conservative treatment were more likely to return to work.

5. Doctors and surgeons are required to predict outcomes and recover time by the claimant’s company because the company must set aside money for the employee’s medical care until the injury is healed. The physician’s prediction can be off, however, in which case the company will ask the physician to revise it.

Continue reading

The InsuranceJournal.com has reported the Pennsylvania insurance agents are asking lawmakers to pass legislation that will allow insurers to cover owners or partners of small businesses through a workers’ compensation policy.

Although this legislation was introduced last year to the general assembly, it failed to make it out of committee. Kari Kissinger, government affairs director for the Insurance Agents & Brokers Group in Pennsylvania, is optimistic this year, saying, “Insurers have supported it in the past and we anticipate that they will do the same this session.”

The legislation would change the insurance laws in the state of Pennsylvania, to allow coverage for sole proprietors, partners of a partnership, or officers of a limited liability company.