We read an interesting blog this week on ThePopTort.com. It brings to light the effect that judicial elections can have on injured workers, using the example of a law that was recently passed in Ohio. We recommend that you click on the link below to read the full article:
http://www.thepoptort.com/2010/03/judicial-elections-have-consequences.html
The website RiskandInsurance.com recently discussed a ruling by the Pennsylvania Workers’ Compensation Appeals Board that upheld the denial of a worker’s petition for benefits because he did not establish an employer-employee relationship.
According to the article, the worker was a plumber who injured his arm while on the job. The company’s owner stated that the plumber arrived at a jobsite one day and asked to work. The company’s owner stated that he hired the plumber as a contractor. Although the company’s owner provided large tools, he did not supply the hand tools, a truck, or training. As a result, the plumber’s claim was denied because he was not an employee of the company. When the plumber argued that the company admitted the existence of an employment relationship by referring to him as an employee in the company’s answer to his petition, the board rejected his argument. The board said that a party’s overall characterizations in its pleadings do not constitute admissions of legal matters.
The article summarizes that, in Pennsylvania, an employer’s failure to specifically deny the existence of an employment relationship does not automatically admit an employment relationship existed. To establish an employer-employee relationship, a worker must show that the employer exercised sufficient control over his or her work.
According to a recent ruling by the Commonwealth Court of Pennsylvania, a workers’ compensation insurer can suspend benefits when an injured worker refuses to enter a detox program… even if the program will not treat the worker’s medical condition or help him or her return to employment.
The ruling arose from a case involving an employee who had been receiving workers’ compensation benefits for 10 years for a lumbar spine injury when her former employer tried to end her benefits. The workers’ comp judge denied the employer’s request to terminate the benefits, but instead said that the injured employee should enter a detoxification program to help wean her off the prescription pain medication she had been taking for her injury.
When the injured employee refused the detox treatment, the employer filed a petition to suspend her workers’ comp benefits on the grounds that she was refusing reasonable medical treatment.
According to an article on the OCRegister.com, a Murietta, CA roofing contractor pleaded guilty to 16 felony counts, including perjury, filing false documents, and making false statements, for failing to provide workers’ comp insurance for an employee who injured himself.
The article reported that, according to prosecutors, the roofing contractor purchased the minimum workers’ compensation insurance policy for his company, then reported that he had no employees. To hide their employment, he paid his workers in cash and submitted inaccurate payrolls reports.
When an employee filed a workers’ compensation claim as a result of a fall from a roof, the roofing contractor denied that the man worked for him. As a result, the employee was denied benefits.
The maximum sentence for the convictions is 21 years and eight months in prison. According to prosecutors, the roofing contractor is expected to be sentenced to three years in state prison.
A Pennsylvania appeals court ruled that Kraft Foods Inc. could not reduce a workers’ compensation claimant’s partial disability benefits because it did not provide any evidence of actual job openings that were available to the claimant.
In February 2004, the claimant injured his right knee while employed as a utility worker for Kraft. In 2007, Kraft sought to reduce the claimant’s benefits by saying that “work was generally available.” The appeals court did not accept Kraft’s argument that under Pennsylvania law it could use testimony from a rehab counselor that general, entry-level jobs were available to the claimant. Instead, the appeals board ruled that Kraft needed to show that “existing actual jobs are open and available” to the claimant.
For many employees who are making only minimum wage, it is a struggle to keep themselves and their families afloat. Now an article in The New York Times has brought to light a startling revelation: that more than half of the low-wage workers in the city are cheated of some of their pay.
According to a report titled, “Working Without Laws: A Survey of Employment and Labor Law Violations in New York City” by the National Employment Law Project, the average worker in a low-wage job in New York City lost $58 a week, more than $3,000 a year, because he or she was not paid minimum wage or overtime, or because of some other violation of labor laws. These types of workers include laundry employees, home health care aides, deliverymen, and grocery baggers, to name a few. The report estimated that more than 315,000 workers were denied some of their deserved pay.
The authors of the report explained, “This report exposes a world of work in which America’s core labor and employment laws are failing to protect significant numbers of workers in the nation’s largest city. These protections – the right to be paid at least the minimum wage, the right to be paid for overtime hours, the right to take meal breaks, access to workers’ compensation when injured and the right to advocate for better working conditions – are being violated at alarming rates in the city’s low-wage labor market.”
The report notes that more than one-fifth of all low-wage workers in the city were paid less than the minimum wage. Failure to pay overtime to employees who worked more than 40 hours a week was even more common.
According to the article, the report also pointed out that the state’s workers’ compensation system was “not functioning as intended.” It noted that only about one-tenth of workers who had been seriously injured and who were surveyed had filed for workers’ compensation. Nearly half of them had been required to keep working despite their injuries.
Earlier this month, the Pennsylvania Department of Labor & Industry (L & I) announced that the statewide average weekly wage for injuries occurring on and after Jan. 1, 2010 would be $845 per week. The average weekly wage for 2009 was $836.
According to the L & I website, under the Workers’ Compensation Act, injured workers are entitled to wage-loss benefits equal to two-thirds of their weekly wage for a work-related injury.
How much money you will receive while on workers’ compensation depends on:
There is a maximum rate of compensation recognized by the PA Department of L & I, which may result in the amount you are eligible to receive being capped.
MercuryNews.com of San Jose, CA recently reported that three executives and a foreman of a heating, ventilation, and air conditioning installation company in Hollister, CA are facing felony charges of forcing employees to return more than $170,000 in salary from public projects in Santa Clara County.
The charges against the men include taking and receiving the wages of a worker, falsely reporting wages paid on a public works payroll reporting form, violations of workers’ compensation insurance premium fraud, and making a false or fraudulent statement to discourage a worker from claiming benefits or pursuing a workers’ compensation claim.
Company executives would issue a paycheck to workers based on the hourly wage for public works projects, but then demand that the workers return about 75 percent of the paycheck. When a contractor is awarded a public works contract, the contractor must certify that they are paying employees the prevailing wage. The kickback scheme netted more than $170,000 for the company executives.
A recent report from the National Council on Compensation Insurance (NCCI) shows that workers’ comp costs for injured workers aged 65 and older are generally lower than younger employees because older employees are paid less.
Although workers aged 65 and older make up a small share of employment and injury and illness cases – below 5 percent – the number of workers 65 and older has increased by nearly 50 percent since the late 1980s. The report estimates that the number of older workers is likely to increase due to the state of the economy. Many older employees must postpone their retirements and continue to work in the face of depleted life savings and reduced home values.
The report highlighted the following findings:
As old man winter makes his chilly home here in the northeast bringing snow and freezing temperatures, the Pennsylvania Department of Transportation (PennDOT) reminds motorists and especially tractor trailer drivers of a winter-related state law. In 2006 the Pennsylvania Snow/Ice Removal Law went into effect, which states that motorists will face severe fines if snow or ice that falls from their vehicle causes injury or death to other motorists or pedestrians. PennDOT urges motorists to remove all ice and snow from their vehicles before traveling. Taking a few minutes to clear your vehicle of snow and ice before hitting the road can save you money and could save someone’s life.
It’s important for tractor trailer drivers to clear the tops of their rigs not only to prevent any snow or ice from dislodging and striking other vehicles, but also to prevent delays when traveling through Pennsylvania tunnels. Sensors are in place on the approaches to tunnels to detect overheight trucks, including those with snow or ice build-up, and flash a warning to them. If a sensor is triggered, red signals are activated to prevent trucks that are too tall from getting stuck. The trucks must then turn around, which can take several minutes and can cause traffic backups.
In addition, snow-covered trucks that trigger the alarm but still continue through the tunnels can cause ice and snow to be pushed from the trucks onto other vehicles and the roadway causing hazardous driving conditions.
PennDOT offers a few tips for winter driving:
1. Motorists should always check the weather forecast before traveling. Road conditions for interstates and some limited-access highways is available by calling 511 while stopped in a safe location, or by visiting www.511pa.com.
2. Motorists who must travel should allow plenty of space when driving near plow trucks and, for safety reasons, never attempt to pass a truck while it is plowing or spreading winter materials.
3. PennDOT reminds motorists to pack an emergency kit for their vehicles. A basic kit should include non-perishable food, water, blanket, small shovel and warm clothes. When preparing an emergency kit, motorists should take into account special needs of passengers such as baby food, pet supplies, or medications and pack accordingly.
Pennsylvania Workers' Compensation Lawyers Blog
