Pennsylvania Workers' Compensation Lawyers Blog

Attention Pennsylvania Hunters: Treestand Tips and a Treestand Recall

Published on: December 5, 2009 | O'Connor Law

Hunting season is in full-swing in Pennsylvania. Following safety measures when using a treestand can be just as important as safely using a rifle or muzzleloader. Remember:

Wear a safety belt. A safety belt will prevent you from falling if your stand collapses.
Before using your stand, check it for loose nuts and bolts and replace any worn chains or straps.
Secure your stand on a mature tree. Avoid trees that are rotting or have dead limbs.

It’s also important to keep up-to-date on any product recalls that may affect your hunting equipment. For instance, on Nov. 12, the U.S. Product Safety Commission and the Gander Mountain Company announced a recall of approx. 13,000 Hang-On Fixed Position Treestands. There have been two reports of consumers falling while using the treestand. If the strap is fastened incorrectly, the clasp may open unexpectedly, and both the user and the treestand can fall from the tree. The recall affects the 2008 model GMT101 and the 2008 model GMT103 Hang-On Fixed Position treestands. They have wire mesh on the base of the platform to the top of the footrest and a Gander Mountain logo on the front of the seat. The seat has a camouflage pattern that is branded “AP” and “REALTREE.” The treestands were sold only at Gander Mountain from July 2008 to July 2009. Consumers are advised to stop using the treestands immediately. They can be returned to Gander Mountain for a refund or exchange.

Maine Tackles the Problem of Misclassified Employees

Published on: December 4, 2009 | O'Connor Law

As the U.S. economy struggles to survive, states across the nation are looking at all available avenues for bringing in revenue. In an article on the Maine Public Broadcasting Network (www.mpbn.net), it is estimated that the state of Maine is losing more than $40 million dollars a year in tax revenues from “employee misclassification”: a way for employers to categorize employees as independent contractors so that they can avoid providing benefits and paying state and local taxes. This has prompted the creation of a state task force to address the growing problem of employee misclassification in Maine.

The task force, created by Maine Gov. John Baldacci, has heard the same stories repeated by a number of workers who have been taken advantage of by employers:

“This guy owed me so much money. We lost – I was renting a house, I have two kids. I’m on assisted living now to this day – it wouldn’t have happened if it wasn’t for people like him.”

“This is hundreds and hundreds of people that this is happening to every day. And people depend on this money. When somebody says, ‘I’m going to pay you this money’ and then they don’t, well, what are you supposed to do?”
The problem is most evident in the construction industry. The article noted that a 2005 study by Harvard University found that one in seven construction employers in Maine misclassified workers as independent contractors.

One worker was prompted by his boss to sign a release saying that he had been paid for his work – even though he had not. John Leavitt, business manager for the New England Carpenters Union in Maine, said this was just another example of how some contractors feel they can exploit their workers.

But employee misclassification affects not just the construction industry, but other types of businesses, as well. The state task force hopes to find a way to ensure all businesses are compliant with existing laws.

Government Report Shows Employers Reluctact to Report Workplace Injuries to Keep Workers’ Comp Costs Down

Published on: December 3, 2009 | O'Connor Law

Like any insurance coverage, reporting more workplace injuries can result in higher costs to employers for their workers’ compensation coverage. Now the results of a recent investigation by the Government Accounting Office (GAO) and the federal Occupational Safety and Health Administration suggest that employers are discouraged from reporting workplace injuries and illness because it could affect their workers’ compensation rates.

The report from the GAO, a nonpartisan government research organization, noted, “Several researchers and labor representatives said that because employers’ workers’ compensation premiums increase with higher injury and illness rates, employers may be reluctant to record injuries and illnesses.”

According to an article on the Insurance & Financial Advisor website (www.IFAwebnews.com), the report also found evidence that “businesses sometimes hire independent contractors to avoid the requirement to record workers’ injuries or illnesses because they are not required to record them for self-employed individuals.”

Patients with the Bard® Composix® Kugel® Mesh Patch Used in Hernia Surgeries May Not Be Aware of Complications

Published on: November 19, 2009 | O'Connor Law

Hernia surgery is a fairly common procedure, with approximately 750,000 performed each year in the United States. But for those patients who have had the Kugel Mesh patch implanted as part of their hernia repair, this simple procedure can be painful or even fatal.

The U.S. Food & Drug Administration (FDA) initiated a recall beginning in December 2005 of the Bard(r) Composix(r) Kugel(r) Mesh Patch, a device used to repair incisional (or ventral) hernias. The patch is manufactured by Davol, Inc., a subsidiary of C.R. Bard. The patch contains a “memory coil ring” that allows the patch to be folded so it can be surgically implanted through an incision. The ring then springs open and the patch lies flat once it is in place. However, the ring within the patch can break, causing pain, bowel perforations, bowel obstruction, and life-threatening injuries.

The Kugel Mesh patch is estimated to have been used in 100,000 patients. More than 80 injuries and several fatalities have been reported to the FDA as a result of the use of the patch. Because the manufacturer, Davol, does not have access to patient records, it only notified its customers, who are hospitals and doctors. Although Davol has relied on
these hospitals and doctors to get the word out to patients, many patients have not been contacted…and many more patients may still be at risk.

If the ring in the patch breaks, patients may experience symptoms including unexplained or persistent abdominal pain, fever, tenderness at the implant site, or other unusual symptoms. Patients who have been implanted with these patches and who have these symptoms should seek immediate medical attention.

The FDA issued three recalls for the Kugel Mesh patch from December 2005 to January 2007. Six different sizes of the patch have been recalled, including extra-large oval, large oval, and large circle. If you think you may have a Kugel Mesh patch as a result of hernia surgery, it is best to consult with your doctor or surgeon.

FDA Reports Pennsylvania Residents Using Diabetes Drug Byetta May Be at Risk for Kidney Problems

Published on: November 13, 2009 | O'Connor Law

On Nov. 2, the U.S. Food and Drug Administration announced that labels for Byetta, an injectable, blood-sugar-lowering drug used to treat type 2 diabetes, would be updated to warn those taking the drug of an increased risk for kidney problems, including kidney failure.

Byetta was approved in 2005, and almost 7 million prescriptions were written for it between 2005 and 2008. Doctors and patients tend to like Byetta because it is easier to inject than insulin and had also been found to promote weight loss in some patients.

In an article on CNN.com on Nov. 4, Dr. Richard Hellman, the past president of the American Association of Clinical Endocrinologists, and a clinical professor at the University of Missouri–Kansas City School of Medicine, said that side effects of Byetta can include diarrhea, nausea, and vomiting, which may contribute to changes in kidney function.

“If someone starts vomiting, they can lower the volume of fluid in their body. If it gets to dangerously low levels, their kidneys could be damaged and kidney failure could take place,” said Dr. Hellman.

Between April 2005 and October 2008 the FDA received 78 reports of kidney problems related to Byetta. Although some patients already had kidney disease before they started using Byetta, others developed kidney problems after taking it.

Symptoms of kidney problems can include changes in urine color, swelling that starts in the feet and legs, fatigue, nausea and vomiting, and trouble sleeping. If left untreated, kidney damage can worsen and could turn into kidney failure. Patients with any of these symptoms are encouraged to report them to their doctor.

Maclaren Strollers Sold in U.S. Recalled Due to Finger Amputations

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

Maclaren USA has recalled nearly 1 million of its strollers after 12 children had their fingers amputated after being caught in the strollers’ hinges.

The Consumer Product Safety Commission (CPSC) on Nov. 9 announced that the voluntary recall concerns Chinese-made strollers sold in the U.S. from 1999 to November 2009 at Babies ‘R’ Us, Target, and other children’s product retailers.

Affected Maclaren models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno, and Easy Traveller. When the stroller is opened or unfolded, the hinge can cause a “fingertip amputation or laceration hazard to the child.”

Pennsylvania Legislators Support Ban on Texting While Driving

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

Last week, we blogged about Philadelphia’s ban on the use of hand-held cell phones while driving. Now Pennsylvania will follow suit as local Schuylkill County legistators support a bill before the state House that would ban texting by all drivers.

In an article in the Nov. 11 edition of the Republican & HERALD, state Rep. Neal Goodman, D-123, said, “According to transportation experts, there is nothing more distractive and dangerous than texting while driving. They say that cell phone use is a close second.”

The bill, known as House Bill 2070, was approved by the House Transportation Committee on Nov. 10. Violations would be punishable with a $50 fine. Fines would double to $100 for offenses that take place in a school zone, active work zone, highway safety corridor, or emergency response area. Only motorists contacting 911, drivers in stopped traffic, or drivers with their vehicles in neutral or park would be exempt.

Goodman and state Rep. Jerry Knowles, R-124, both support the bill. State Sen. David Argall, R-29, said he voted in favor of a similar senate bill in July, and that he would support the passage of the bill through both chambers.

Just like litter laws, police may not catch everyone. But distracted drivers can be dangerous drivers, so the hope is that this new bill will make motorists think twice before texting while driving.

Pennsylvania Law Firm Offers Services to Victims of Tractor Trailer Accidents

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

We’ve all seen it in the news: an accident involving a tractor trailer that brings traffic to a halt. Perhaps you’ve even been held captive in your own car when a truck overturned on a Pennsylvania interstate. It can be an inconvenience; but for those involved, it can mean life or death.

Tractor trailer accidents can happen for a variety of reasons, including:

Speeding: Trucking companies get paid to deliver their cargo on time and they bid against each other based on who can ship the freight the fastest and cheapest. To deliver their cargo on time, drivers must drive fast and aggressively, making for very dangerous conditions on the highway.

Overloaded trucks: When a truck is overloaded, it puts stress on every component of the truck, which can lead to catastrophic failure. Overloaded trucks cannot maneuver effectively, which can cause accidents when turning, stopping, or starting. Overloaded trucks can also degrade roadways and bridges.

Driver fatigue: Unrealistic schedules can force drivers to be on the road as much as 77 hours a week, legally. They may drive above and beyond that by forging travel entries in their log books to appear in compliance with all rules and regulations.

Improper maintenance: Maintaining a large truck can be expensive. Trucking companies try to cut maintenance costs, but less maintenance can raise the possibility of accidents from equipment failure.

A large volume of tractor trailers travel through Pennsylvania because it is home to a number of major transportation corridors, including Interstate 76 (the Pennsylvania Turnpike), 78, 80, and 81. These highways are convenient because they connect the eastern part of the country with the southern and western areas. Transporting materials and products over the nation’s highways has become a regular way of doing business. But if proper safety measures are not followed, there can be deadly consequences.

An accident with a tractor trailer can be devastating physically, emotionally, and financially. If the accident occurred while you were away from home and traveling through unfamiliar territory, the situation can become even more complicated. Not only can it be difficult to find a local law firm, you need to find a firm that can handle the legal intricacies of a tractor trailer accident. Many of the offices of O’Connor Law are in direct proximity to Interstate 81, near Frackville, Hazleton, Wilkes-Barre, and Scranton; and Interstate 80, near Lock Haven, Williamsport, Bloomsburg, and Stroudsburg.

Philadelphia Bans the Use of Hand-Held Cell Phones While Driving

Published on: November 4, 2009 | O'Connor Law

The next time you find yourself driving within the Philadelphia city limits, be sure to put down your cell phone. Beginning Nov. 1, Philadelphia police started enforcing a new ordinance which bans the use of hand-held cell phones while driving.

To educate citizens about the new ordinance, police will issue warnings through the month of November. But those warnings will turn into a $75 fine on Dec. 1 for those caught using hand-held phones while driving. That leaves Bluetooth users and those who use other hands-free devices in the clear.

“As long as you’re not holding a phone up to your ear, you’re OK,” said police spokesman Lt. Frank Vanore in an article in the Oct. 28 edition of the Philadelphia Daily News.

The bill was sponsored by city Councilmen Bill Green, William Greenlee, and Frank Rizzo.

“I’ve lived in places where there were cell bans and places where there were not, and in my personal experience there are far fewer close calls when everybody has to keep their eyes on the road,” said Councilman Green.

According to a December 2002 report by the Harvard Center for Risk Analysis, cell phone use was the cause of 6 percent of the auto accidents in the United States each year. Cell phone usage has become an increasing factor in lawsuits; even employers are being held responsible if a worker causes an accident while talking on the phone. It’s becoming clear that the distractions that a cell phone can cause while driving aren’t worth the risk to pedestrians, others on the road, as well as yourself.

Ghosts and Ghouls Haunt the Frackville Office of O’Connor Law

Published on: November 2, 2009 | O'Connor Law

Halloween party 2009 021_1.jpg There were tricks and treats on Oct. 30 in anticipation of Halloween at the law offices of O’Connor Law. Staff members dressed in Halloween attire, enjoying spooky games, ghoulish goodies, a pumpkin-styled cake, and punch. Festivities included a pumpkin decorating contest, with prizes going to “Scariest”, “Prettiest”, and “Funniest”. A Happy Halloween Eve was had by all.