Pennsylvania Workers' Compensation Lawyers Blog

Pennsylvania firefighters who risk their lives to protect their communities now have another reason to be commended: their persistence has helped to expand the Workers’ Compensation Act to include coverage to fellow firefighters who suffer from a cancer caused by exposure to certain known carcinogens
Gov. Tom Corbitt signed House Bill No. 797 into law, designating cancer caused by Group 1 carcinogens as an occupational disease for firefighters. In order to receive compensation, firefighters must: 1) have served four or more years in continuous firefighting duties, 2) establish direct exposure to a Group 1 carcinogen, and 3) have passed a physical exam prior to asserting a claim, or prior to engaging in firefighting, and the exam failed to reveal any evidence of cancer.

The legislation also allows a claim to be made within 600 weeks after the last date of employment to which a claimant was exposed to the hazards of the disease.

On Firehouse.com, Republican Representative Frank Farry of Bucks County, who introduced the bill, is quoted as saying, “There is no greater tragedy that we could have than a firefighter that develops cancer post retirement.”

Farry believes it is important to give firefighters proper insurance coverage so health care and wages are covered.

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An article on BusinessInsurance.com reported on a recent ruling by Pennsylvania’s Supreme Court: an injured worker’s voicemail and other communications showed that she adequately notified her employer her injury, which entitles her to workers’ comp benefits.

The employee was responsible for inspecting helmets made for the U.S Air Force. Over the course of a 2 year period, she experienced swelling in her hands and was forced to leave work due to the pain. She notified her employer of her condition as was required, and she applied for short-term disability. She also indicated to the employer that she believed the injury was not work related. However, a specialist diagnosed her with carpal tunnel syndrome and concluded that her injuries were a result of her work. She notified her employer of the doctor’s diagnosis by leaving voicemails with the human resources department because she was not able to speak directly with anyone at the employer.

When her doctor released her back to work with restrictions, her employer said she they did not have a position that met her restrictions and she was terminated.

A few months later, she filed a workers’ comp claim and a workers’ comp judge found that she did suffer a work-related injury. He also ruled that her complaints of pain, her short-term disability claim, and her voicemail messages acted as sufficient notification to her employer of her injury. Although a workers’ compensation board agreed, a Commonwealth Court judge overturned the decision, saying she failed to sufficiently describe her injuries to her employer.

The case was taken to the Pennsylvania Supreme Court, who reversed the lower court’s order and ruled that the employer was aware that the employee suffered a work-related injury. The Pennsylvania Supreme Court said that although her notice to the employer was not “letter perfect”, Pennsylvania’s workers’ comp law states that “a meritorious claim ought not, if possible, be defeated for technical reasons.”

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As workers’ comp attorneys, we try to stay on top of the latest news regarding workers’ comp cases not only in our own state of Pennsylvania, but throughout the world. That’s why we took notice to an article posted on CNN.com that reported that a health study on the working conditions at Samsung’s Electronics’ semiconductor factories in South Korea posted no health risks to workers.

The study was conducted by a U.S.-based firm, but was commissioned by Samsung. It found no link to the diagnosis of leukemia of several ex-plant workers. However, they would not release data backing the conclusion, due to sensitivity over trade secrets.

A number of Samsung plant workers and their families have been fighting for work injury compensation since 2009, accusing Samsung of using substances for manufacturing semiconductor parts that has led to leukemia and rare forms of cancer.

Kong Jeong-ok, a researcher at the Korea Institute of Labor Safety and Health and a supporter of the former Samsung workers’ group, is quoted in the article as saying, “They [Samsung] have not address any of the controversial issues and continues to lay out abstract answers. It seems like it was all a huge show.”

So far, only 2 ex-employers who died of leukemia after working at the same production line have been successful in winning a suit filed against the country’s workers’ compensation agency in June. Korea’s Workers’ Compensation and Welfare Service filed an appeal after Samsung announced the results of its study.

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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.

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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.

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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.

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