Pennsylvania Workers' Compensation Lawyers Blog

Two Pennsylvania Employees Receive Large Payoff for Age Discrimination Case

Published on: January 6, 2010 | O'Connor Law

A federal jury awarded more than $1.9 million in pay and $3.5 million in compensation for emotional stress to two scientists who said they were let go from their jobs at a Pennsylvania chemical producer because of their age.

The men were 2 of 29 employees, all over the age of 55, who were laid off during a workforce reduction. Their lawsuit claimed that, when selecting among workers in similar positions, the company chose the oldest employees for layoff.

The jury found that the company willfully discriminated against the men, which entitled them to double back pay damages under the Age Discrimination in Employment Act.

Man Fired after Filing Workers’ Comp Claim

Published on: January 4, 2010 | O'Connor Law

We recently read a story on the StClairRecord.com about an Illinois man who claims his former employer fired him after he filed for workers’ compensation benefits. The man, who had worked at his place of employment for 10 years, filed an Illinois workers’ compensation claim after being injured on the job in May. When his physician OK’d him to return to work in October, the man said the president of the company terminated him on the same day that he returned to work. The man filed a complaint against his employer, claiming, “That said involuntary charge arose out of and in retaliation of plaintiff’s exercise of his rights under the Illinois Workers’ Compensation Act.”

Possum Makes a Surprise Visit in the O’Connor’s Christmas Tree

Published on: December 23, 2009 | O'Connor Law

The O’Connor family got a little more for Christmas than they expected when a hibernating possum popped its head out of their Christmas tree. In 2005, the O’Connor family brought their Christmas tree home and fully decorated it, only to find the sneaky critter nestled in the tree’s branches on Christmas Eve. Click on the video below to watch a clip of the O’Connor family describing their Christmas surprise on The Early Show. Merry Christmas to you and your family from everyone here at O’Connor Law!

Recall of Roman and Roll-up Blinds Is One of the Largest in the Consumer Product Safety Commission’s History

Published on: December 18, 2009 | O'Connor Law

This week the U.S. Consumer Product Safety Commission (CPSC) recalled over 50 million Roman shades and roll-up blinds – one of the five largest recalls in the commission’s history. The recall was prompted by reports of 5 deaths and 16 near strangulations of young children since 2006. The cords on both styles of blinds and shades can get caught around a child’s neck.

The blinds and shades were sold at numerous retailers, including Walmart, JCPenney, Pottery Barn, Ace Hardware, Big Lots, Ross, and many other stores.

The CPSC made the announcement with the Window Covering Safety Council (WCSC) and has been working with the Council to ensure the safety of window coverings. Consumers with Roman or roll-up shades should contact the WCSC immediately at www.windowcoverings.org to receive a free repair kit.

Get There Safely: Tips for Holiday Highway and Air Travel

Published on: December 16, 2009 | O'Connor Law

Millions of Americans will take to the roads and the air as they travel across the country for the holidays. Whether you’re journeying “over the river and through the woods” or just around the block, there are some simple tips to keep you and your family safe.

For Highway Travel

Check road conditions and the weather report. Visit the Federal Highway Administration’s website [fhwa.dot.gov] and Weather.com for the most updated information on traffic reports and weather conditions.

Pennsylvania Workers’ Compensation Appeals Board Finds Riding to Work Location from Office in Scope of Employment

Published on: December 14, 2009 | O'Connor Law

In November, the Pennsylvania Worker’s Compensation Appeals Board overturned a ruling by a workers’ compensation judge to allow the Workers’ Compensation Act to apply to employees who are injured when they are transported by their employer from their place of business to the work site.

The Appeals Board heard the case of an employee who was transported by his employer from the employer’s office to the job site where the employee worked as a laborer. During one ride, the employee suffered head and back injuries when the vehicle he was riding in hit a bump. A workers’ compensation judge dismissed the employee’s claim petition, saying that the travel time to the job could be considered part of Pennsylvania’s Ridesharing Act. Since the Workers’ Compensation Act does not apply to a passenger participating in a ridesharing agreement, the employee would not be eligible for workers’ compensation. However, the Pennsylvania Workers’ Compensation Appeals Board reversed the decision, saying that transportation from the employer’s office to the work site was in the scope of the employee’s work. The Ridesharing Act only includes transportation of employees to and from their place of employment.

Children’s Products Recalled

Published on: December 12, 2009 | O'Connor Law

We posted a blog earlier this week about choosing safe toys for Christmas. Now we’d like to make you aware of three recalls that were announced this week for children’s products.

Amby Baby Motion Beds/Hammocks

On Dec. 8, the U.S. Consumer Product Safety Commission (CPSC) and Amby Baby USA announced a recall of about 24,000 Amby Baby Motion Beds after 2 infant suffocation deaths. As a result of the side to side shifting of the hammock, babies can roll and become trapped against the hammock’s fabric or mattress pad, causing infants to be unable to breath. There is only one model of the hammock, identified by a sewn label that reads “Amby – Babies Love It, Naturally.” The hammock was sold through online retailers, as well as Ambybaby.com, from January 2003 to October 2009 for about $250. Parents are advised to stop using the hammock and to contact Amby Baby USA for a free repair kit.

Employees Sue Seven Philadelphia Health Systems over Unpaid Lunch Breaks

Published on: December 11, 2009 | O'Connor Law

Employees of seven of Philadelphia’s largest health systems are suing their employers, claiming they were not compensated for working through unpaid lunch breaks.

The seven health systems include the University of Pennsylvania Health System, the Jefferson Health System, Temple University Health System, Mercy Health System, Albert Einstein Healthcare Network, Abington Memorial Hospital, and Aria Health System.

In an article on philly.com, Mercy Health System said in a statement, “We remain committed to fair and lawful pay practices and plan to defend ourselves vigorously in any lawsuit.”

Suits were filed in federal and state courts. According to federal and state law, hourly workers are required to be paid for all the time that they are working. The hospitals use a computerized payroll system that automatically deducts an unpaid half-hour lunch break. Hourly employees, including nurses, technicians, and janitors, who are too busy to take lunch, are not paid unless they ask for compensation.

Hospital employees choose to work through breaks because they are reluctant to leave their coworkers shorthanded. Others are afraid to push for their pay for fear of losing their jobs in this economy.

Choosing Safe Toys for Christmas

Published on: December 9, 2009 | O'Connor Law

Although Black Friday is now behind us, there is still a little more than two weeks of Christmas shopping time left. You may find yourself needing to fill the wishes of a little one, whether you’re buying for your own children, grandchildren, or family friends.

When choosing a toy for children, it’s important to choose one that’s safe. Here are just a few tips to aid your gift purchase:

Make sure the toy is age-appropriate. Read and follow the age guidelines on toy packaging. Even a toy for a 3-year-old could have parts too small for a 2-year-old to handle.

Pennsylvania Toyota Owners Should Be Aware of Sudden-Acceleration Problems

Published on: December 7, 2009 | O'Connor Law

41_22_7-Slow-Road-Traffic-Sign_web Toyota Motor Company announced that it is recalling more than 3.8 million Toyota and Lexus vehicles due to sudden-acceleration problems. The company said that floor mats could get stuck under the accelerator pedal if not secured properly. Sudden-acceleration incidents involving Toyota-made cars and trucks has caused 19 fatalities since 2002, according to the LA Times (www.latimes.com).

Toyota is in the process of developing vehicle-based remedies that will include reconfiguring the shape of the accelerator pedal and redesigning driver- and front-passenger-side all-weather floor mats. Toyota will notify owners of the vehicles involved by mail by the end of the year.

Models include:

2007-2010 Camry
2005-2010 Avalon
2004-2009 Prius
2005-2010 Tacoma
2007-2010 Tundra
2007-2010 ES350
2006-2010 IS250
2006-2010 IS350

Federal regulators have called the defect a “very dangerous problem.” Auto industry experts feel it has taken Toyota too long to react, citing a review of over 1,000 consumer complaints to the National Highway Traffic Safety Administration along with various accidents, all stemming from unintended acceleration.