Pennsylvania Workers' Compensation Lawyers Blog

Attorney David A. Miller at Michael J. O'Connor & Associates Included in the 2010 Pennsylvania Rising Stars List

Tue, 15 Jun 2010 15:48:24 -0500

It is with great pride that the attorneys at Michael J. O'Connor & Associates, LLC announce that Attorney David A. Miller has been selected as a Pennsylvania Rising Star in the field of personal injury.

Pennsylvania Rising Stars, as published in the June 2010 edition of the Philadelphia and Pennsylvania Super Lawyers magazines, represent the top 2.5% of attorneys across the state. To be eligible for selection as a Rising Star, an attorney must be age 40 or younger, or in practice for 10 years or less.

Rising Stars recognize the top up-and-coming attorneys in the state. The Pennsylvania Rising Stars for 2010 were selected from the results of an extensive nomination and polling process conducted by Law & Politics and published in the June 2010 issue of Philadelphia magazine and in Pennsylvania Super Lawyers - Rising Stars Edition. This is Miller's second year to make the Rising Stars list.

Two Attorneys at Michael J. O'Connor & Associates Top the 2010 Pennsylvania Super Lawyers List

Tue, 15 Jun 2010 15:45:48 -0500

For the seventh year in a row, Michael J. O'Connor, founder of Michael J. O'Connor & Associates, was selected and named as a Pennsylvania Super Lawyer in the field of workers' compensation law as published in the June 2010 edition of Philadelphia Magazine as well as the recent edition of Super Lawyers magazine.

In addition to Mr. O'Connor, Attorney Paul J. Duffalo was named to the list this year.

Attorneys named Super Lawyers are considered to be the top five percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics. O'Connor was named a Super Lawyer in 2004 and each year following, making this his seventh year in a row to top the list of workers' compensation attorneys in Pennsylvania. This is Duffalo's third year to make the list.

To be named a Super Lawyer, an attorney must first go through a rigorous three-step process that begins with a nomination by his/her peers. The nominations occur on ballots that go out to all lawyers throughout the state who have been in practice for at least five years. These nominations are to be based on personal observation rather than solely on reputation.

O'Connor's seventh consecutive Super Lawyer designation makes evident his continued determination to uphold an outstanding level of legal representation. Duffalo has been recognized for his success and hard work for the third year in a row, and will undoubtedly continue to be named to the list in the coming years. His dedication to injured workers is recognized amongst his peers and demonstrated in his professional achievements.

Workers' Compensation and Medical Leave

Wed, 26 May 2010 06:00:00 -0500

If a worker is injured on the job, he or she may consider using a medical leave instead of filing a workers' compensation claim. But without knowing the difference between family medical leave and filing for workers' comp, the injured employee could do more damage to themselves in the long run financially.

The Family Medical Leave Act (FMLA) entitles an eligible employee up to a total of 12 weeks of unpaid leave during any 12-month period because of a serious health condition. An employee may elect, or the employer may require, the employee to substitute accrued paid vacation, personal leave, or sick leave during this period of time. When the employee returns to work, the employer must return the worker to his former position or an equivalent position, with equivalent employee benefits. Usually, when an employee takes FMLA leave, he or she does not get paid. The employee may elect to use vacation pay, sick pay, or paid time off if the employee has earned these benefits.

If an injured worker takes Family Medical Leave, but finds that he or she cannot return to work after the 12 weeks expire, generally the employer is not obligated to rehire the worker at a later date. In these types of cases, the employer is not required to hold the job open indefinitely.

The Importance of Notifying Your Employer of Your Injury

Tue, 25 May 2010 10:26:16 -0500

The case of a Pennsylvania woman whose workers' compensation claim petition was reversed is an important reminder of how critical it is to report your work injury immediately to your employer.

A worker claimed that after cleaning 42 tanning beds in one day, she experienced numbness in her right arm and several fingers, and pain in her shoulder. She was awarded temporary total disability benefits after alleging that she suffered a disc herniation with radiculopathy. However, the Pennsylvania Workers' Compensation Appeal Board reversed the petition, finding that the claimant failed to provide timely notice of her work injury to her employer.

The injury took place on May 25, and the employee told her employer on May 31 that she had pain and numbness going down her arms. However, she did not specifically relate these problems to her work until she sent a letter to her employer on Oct. 11. Since this date was more than 120 days from the date of the work injury, the board concluded that the claimant failed to provide notice in a timely manner and she was denied compensation.

Misclassification of Employees Continues to Be an Issue in Pennsylvania

Fri, 14 May 2010 05:00:00 -0500

We read an interesting article this week on Pittsburgh's Post-Gazette.com on the misclassification of employees.

According to the article, the state's Unemployment Compensation fund is being underfunded because about 9 percent of the state's workforce are misclassified as independent contractors. By categorizing a worker as an independent contractor, a company save money because it does not need to pay for benefits for the employee including workers' compensation and unemployment insurance.

But determining whether or not a worker fits the description of company employee can be tricky. In addition, many workers are just happy to have a job and may not want to cause a stir given the current recession and high unemployment rates. It might not become an issue for the worker until he or she is hurt on the job. To read the full article, click on this link.

Michael J. O'Connor & Associates Welcomes Newest Member, Atty. Debra A. Matherne

Fri, 07 May 2010 06:00:00 -0500

Michael J. O'Connor & Associates has announced the appointment of the newest member of the law firm, Debra A. Matherne.

Matherne earned her Juris Doctor Degree from the prestigious Villanova University School of Law, Villanova, PA. Her undergraduate degree was obtained at Grove City College, Grove City in Psychology with an emphasis in English.

She is a member of the Pennsylvania Bar Association, the Dauphin County Bar Association, and the American Bar Association.

Matherne brings a heavy emphasis on workers' compensation cases to Michael J. O'Connor & Associates, which has 14 locations throughout the Commonwealth. With over 18 years of experience, she is one of the top attorneys practicing in Workers' Compensation in the state of Pennsylvania.

Earlier in her career, Matherne worked for Michael J. O'Connor & Associates for eight years.

"We're very happy to have Attorney Matherne back. She is truly an advocate for injured workers," said Michael J. O'Connor.

Matherne lives in Mechanicsburg with her husband and three children.

Today is the First National 'No Phone Zone' Day

Fri, 30 Apr 2010 09:37:19 -0500

In January, Oprah Winfrey began a campaign and launched a public service announcement to end distracted driving. Today, April 30, is the first national "No Phone Zone" Day, an effort to break Americans of the deadly habit of talking or texting while driving, a habit that kills nearly 6,000 people a year, according to the National Highway Traffic Safety Administration.

"A call or text isn't worth taking a life," said Winfrey.

On Friday's show, Winfrey will interview Jacy Good of Lancaster County, who lost both her parents when a tractor trailer driver who was talking on a cell phone drove into the path of their car.

According to an article on LancasterOnline.com, Good is working with a Montgomery County legislator who is sponsoring a law that would ban the use of hand-held cell phones while driving in Pennsylvania, which has been dubbed "The Jacy Good Law."

Good is spreading the word about the dangers of using a cell phone while driving. Good commented, "Then my parents' death had some meaning so no one will have to go through what my family was forced to."

Deadline Today to Vote in Pennsylvania's May Primary

Mon, 19 Apr 2010 16:15:28 -0500

Pennsylvania Governor Edward G. Rendell is reminding residents that today is the deadline to register to vote in Pennsylvania's May 18 primary election. In the primary, voters cast ballots for candidates for a variety of offices, including governor, lieutenant governor, state senator and representative, and U.S. senator and U.S. representative.

Secretary of the Commonwealth Pedro A. Cortes said, "I would like to remind everyone who has moved since they last voted to apply for registration using their new address.
Individuals applying to register to vote for the May 19 primary must be:

A citizen of the United States for at least one month before the primary;
A resident of Pennsylvania and the election district in which the individual desires to register and vote for at least 30 days before the primary; and
At least 18 years of age on or before the primary.

According to the state of Pennsylvania's website, residents may apply in person at a county voter registration office; the state department of Public Welfare or Health; PennDOT photo and driver license centers; Armed Forces recruitment centers; county clerk of orphan's courts or marriage license centers; area agencies on aging; county mental health and mental retardation offices; student disability services offices of the State System of Higher Education; offices of special education in high schools; and Americans with Disabilites Act-mandated complimentary paratransit providers.

The Department of the State's voter education website, VotesPA.com, allows voters to check their voter registration status, download a voter registration form, and obtain directions to their polling place. The site also includes tips for first-time voters and members of the armed services, and instructions on how to cast a ballot.

The law offices of Michael J. O'Connor & Associates want you to do your part and get registered to vote!

Michael J. O'Connor & Associates Introduces Live Chat Feature to Website

Fri, 16 Apr 2010 12:02:21 -0500

In an effort to be as responsive to our clients' needs as possible, the law office of Michael J. O'Connor & Associates has added a live chat feature to our website (www.oconnorlaw.com). Now if you have a question at any time of the day, you'll be able to reach us through a simple click of the mouse. Let the experienced attorney team at Michael J. O'Connor & Associates get you the justice you deserve.

Wilkes-Barre Businessman Violated Workers' Comp and Income Tax Laws

Tue, 13 Apr 2010 15:06:55 -0500

Our thoughts and prayers go out to the families of the miners who were killed in the tragic accident in West Virginia. As residents of the coal region here in Schuylkill County, we are all too familiar with the risks and dangers associated with working in the mines.

On the heels of this accident, we recently saw an article on the TimesLeader.com about a local coal industry businessman who violated workers' compensation insurance and income tax laws.

According to the article, Al Roman, owner of the Huber Breaker and No. 1 Contracting, was sentenced on six counts of workers' compensation insurance payment and one count each of willfully evading earned-income tax and failure to make required payments.

The Northeastern Pennsylvania Insurance Fraud Task Force said Roman and No. 1 Contracting failed to obtain and maintain workers' compensation insurance coverage from July 2006 until March 2008. This was brought to light when an employee filed a workers' comp claim after injuring himself on the job in 2006.

The investigation also determined that over $109,000 was withheld from the pay of employees for Act 511 taxes beginning in January 2004, but never handed over to tax authorities.

Roman received five years probation and ordered to pay back more than $170,000.

How Judicial Elections Can Affect the Rights of Injured Workers

Fri, 26 Mar 2010 15:07:45 -0500

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

In Pennsylvania, Failure to Deny Employee Status Does Not Admit Employment Relationship

Thu, 25 Mar 2010 12:30:35 -0500

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.

In PA, Workers' Comp Benefits Can Be Suspended If Worker Refuses Detox

Fri, 12 Mar 2010 14:17:05 -0500

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.

At the hearing, the physician who would oversee the injured employee's detox program testified that although the treatment would not allow her to return to her pre-injury job, it would allow her to return to normal functioning and enhance her prospects for gainful employment. The judge agreed with the physician's opinion, ruling that the detox program was reasonable medical treatment.

While this "forfeiture" provision of the Workers Compensation Act is rarely used, injured workers should be aware of its existence. Often a treating physician will offer surgery, however the patient is reluctant because the surgeon advises that the procedure has many risks and may not improve the patient's condition and could actually worsen the injury and disability. In those instances it is usually considered reasonable to refuse the treatment, however every case is unique and therefore an injured worker should always consult with his or her attorney before making the decision to refuse treatment.

California Roofing Contractor Found Guilty of Workers' Comp Fraud

Wed, 03 Mar 2010 10:18:25 -0500

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.

PA Court Rules Kraft Can't Reduce Workers' WC Benefits

Thu, 11 Feb 2010 15:36:59 -0500

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.