Pennsylvania Workers' Compensation Lawyers Blog

EB Program Ending in PA

Fri, 18 May 2012 09:23:57 -0500

The U.S. Department of Labor announced recently that because Pennsylvania's declining unemployment rate is too low it will no longer authorize continued payment of Extended Benefits.
The EB program provided 13 weeks of unemployment compensation benefits beyond federally funded Emergency Unemployment Compensation, and 26 weeks of state-funded unemployment compensation.
The last payable week of EB will be the week ending May 12. Claimants currently filing for EB may continue to file claims for weeks they are fully or partially employed through May 12, 2012.
The department will notify, by mail, individuals affected by the end of the program.
Federally funded EB is a separate program from federally funded EUC. The EUC program and participants are not affected by the end of EB in Pennsylvania.

Lehigh County Must Reimburse Nursing Home Workers Denied Raises

Thu, 03 May 2012 10:27:32 -0500

According to the Easton Express Times Lehigh County must reimburse a total of $357,600 to about 200 employees who were improperly denied 2011 wage increases.
The Pennsylvania Labor Relations Board ruled in favor of the union representing nurses and human services employees at Cedarbrook Nursing Home stating the county violated state law in denying the raises.
In the 15-page ruling the board stated four Lehigh County Commissioners said the reason behind eliminating the raises was to send a message to the unions who would be negotiating in 2011 for their collective bargaining agreements.
The denial of raises came when the county had to increase taxes by 16 percent to balance the budget. The labor board noted that despite the financial problems, the county used new tax revenue for pay increases for non-union employees while denying increases for union employees.
The county countered that the move was an attempt to bring equality between the union and non-union employees, but that argument did not sway the hearing examiner.
The county could appeal the decision but the commissioners voted against appealing.
According to the Express Times about $70,000 will be reimbursed by the state and the rest will come from the county's general fund.

Shared-Work Program Begins in PA.

Fri, 27 Apr 2012 08:59:23 -0500

In March Pennsylvania began a Shared-Work Program allowing an employer to temporarily reduce the work hours of a group of employees as an alternative to lay-offs.
Employees covered by the plan receive a percentage of the unemployment compensation weekly benefit amount while they work the reduced schedule, if they are otherwise eligible for UC.
The percentage by which each employee's work hours are reduced is determined by the employer and the reduction percentage must be the same for all employees participating in the shared-work plan.
For each week included in the plan, an employee receives his UC WBA equal to the reduction percentage.
The employer will be charged 100 percent of the UC paid to the participating employees within the effective period of the plan.

Gap in Schuylkill Mall to Close in May

Wed, 25 Apr 2012 16:33:53 -0500

As we try to remain hopeful about the county's economic future, it's hard to ignore when a local hospital like Saint Catherine Medical Center closes its doors. Right on the heels of this news comes the announcement that Gap and Gap Kids in the Schuylkill Mall will close in May.

The RepublicanHerald.com reported that the last day for the Gap stores will be May 26. Gap has been in the mall since 1980. It's not known how many employees will be affected.

An October 2011 press release from Gap Brand Management seems to explain the closure by saying, "At Gap, the company is committed to rebalancing its specialty and outlet stores within North America, resulting in about 700 Gap specialty stores and about 250 Gap Outlet stores by year-end 2013."

80 New Jobs Coming To Luzerne County

Fri, 20 Apr 2012 08:48:13 -0500

Pennsylvania Gov. Tom Corbett announced recently that Certech Inc., a manufacturer of ceramic cores, will create 80 new jobs and retain 185 positions by consolidating an out-of-state operation into its Hanover Township facility near Wilkes-Barre.
The company will also purchase new equipment and will train new employees at the Luzerne County facility.
Certech Inc. received $346,000 in funding from the state Department of Community and Economic Development including $160,000 in job creation tax credits, $36,000 in job training assistance and a $150,000 Pennsylvania First grant.
Mike Kuzdzal, Certech vice president and general manager, said in a news release the Certech facility in Wilkes Barre has one of the most efficient and experienced teams in North America and it was a logical decision for the company to move work into and create more jobs at the site.
The project was coordinated by the Governor's Action Team, a group of economic development professionals who work directly with businesses that are considering locating or expanding in Pennsylvania. The team worked with the Greater Wilkes-Barre Chamber of Business and Industry to assist Certech's efforts to expand.

Facebook COO Draws Attention to Working Hours

Tue, 17 Apr 2012 10:44:04 -0500

In a recent interview, Facebook COO Sheryl Sandberg made the following comment that has sparked debate about working hours, "I walk out of this office every day at 5:30 so I'm home for dinner with my kids at 6, and interestingly, I've been doing that since I had kids. I did that when I was at Google, I did that here, and I would say it's not until the last year, two years that I'm brave enough to talk about it publicly."

What's been startling about Sandberg's admission, especially for those in the technology field, is that it raises the question: is it OK to work standard hours in today's competitive marketplace and uncertain economy?

An article on CNN.com delves into this issue and explores other possible biases about working hours, such as balancing home and work life, single workers versus those who have a family, and new technology that allows some workers to continue working even after they come home from the office.

For more information, you can read the full article here.

Jobless Rate in Schuylkill County Hits Lowest Since January 2009

Fri, 13 Apr 2012 06:00:00 -0500

Although state and national unemployment rates remain the same, Schuylkill County's rate decreased 0.5 of a percentage point to 8.5 percent in February, the lowest it has been since January 2009.

According to an article on the RepublicanHerald.com, a seasonal decline was seen in February in industries such as retail trade as seasonal workers were laid off, and leisure and hospitality jobs, as winter activities and holiday traveling ended.

The article also noted that trade, transportation and utility jobs increased, including professional and business services. Mining, logging and construction was up compared to last year.

Schuylkill County's rate is tied with Clarion and Lackawanna counties for 56th lowest among the 67 counties in Pennsylvania. Bradford County had the lowest rate of 5.1 percent while Cameron County had the highest rate at 10.7 percent.

Employees of Saint Catherine Medical Center Uncertain of Their Future

Thu, 12 Apr 2012 07:58:12 -0500

As the story continues to unfold, employees of Saint Catherine Medical Center are becoming frustrated with the lack of information about the future of the facility, according to an article on the RepublicanHerald.com.

Yesterday the hospital filed for bankruptcy under Chapter 11. Today the facility's owner, Robert M. Lane, held a meeting with employees, but many walked away without much information. After the meeting, representatives from the American Federation of State, County and Municipal Employees were on hand to help Saint Catherine workers fill out paperwork.

In the article, some employees mentioned a number of problems at the facility, including deductions like union dues being taken from employee paychecks but not forwarded to the union, not receiving paychecks on time, and ongoing shortage of supplies at the hospital.

Pittsburgh Candy Manufacturer Cited for Safety Violations

Wed, 11 Apr 2012 08:48:57 -0500

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Tsudis Chocolate Co. for two repeat and 14 serious safety violations at its Pittsburgh candy manufacturing facility.
According to a news release, OSHA opened an inspection after a worker sustained head injuries while setting up operations on a machine that started up inadvertently.
The news release stated the injury was caused when a machine was not locked to prevent accidental start up.
Tsudis employs approximately 135 workers at the Pittsburgh facility.
The repeat violations involve failing to provide workers with adequate training in safe energy control and electrical work practices. Similar violations were cited in October 2010.
The serious violations involve deficient energy control procedures, improper storage of materials, inadequate machine guarding, electrical hazards and failing to provide proper exits/means of egress.
Proposed penalties total $84,150 and the company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

OSHA Looks For Information to Prevent Concrete Construction Injuries and Death

Tue, 03 Apr 2012 09:21:23 -0500

On March 28, the Occupational Safety and Health Administration issued a request for information seeking comments on how to prevent injuries and deaths from reinforcing concrete activities in construction and from vehicles and mobile equipment backing into workers in construction, general industry, agriculture and the maritime industry. According to workerscompensation.com, OSHA will use the comments received to learn more about how workers get injured and what solutions exist to prevent such injuries and deaths, including possible regulatory action.
Workers using reinforcing methods to strengthen concrete face potential life-threatening hazards including impalement, collapsed walls, and slips and falls.
According to OSHA more than 30 workers died from these activities from 2000 to 2009.
Workers also face fatal injuries when struck by backing up or when caught between backing vehicles and objects like loading docks.
OSHA states 360 workers died from backover incidents from 2005 to 2010.

Comments on this RFI must be submitted by June 27, 2012. Interested parties may submit comments at http://www.regulations.gov, the Federal eRulemaking Portal. Comments may also be submitted by mail or facsimile. See the Federal Register notice for details.

Insurance Company Will Not Renew Workers' Comp Policy for Borough of Nazareth, PA

Mon, 02 Apr 2012 06:00:00 -0500

According to an article on InsuranceNewsNet.com, the borough of Nazareth, PA will need to look for a new insurance company for their workers' comp policy. This is due to excessive claims totaling nearly $1.1 million from 2009 to 2012.

The article said that Nazareth Mayor Fred Daugherty explained that 98% of the workers' comp claims during that period were from police department personnel.

"Travelers was the only company that would provide us a workers' compensation policy. Our only option now is to go to the state fund, and we can't even get a figure on that yet," said Mayor Daugherty. However, he did not go into detail regarding what has caused the rise in claims.

The top five insurance companies that provide workers' comp insurance in Pennsylvania are Liberty Mututal, State Workers' Insurance Fund, American International Group, Old Republic Insurance Group, and Zurich Financial Services NA Group.

Financial Future Uncertain for St. Catherine's Medical Center and Employees

Wed, 28 Mar 2012 11:30:08 -0500

We were saddened to read the news in last week's Republican Herald about potential financial problems at St. Catherine's Medical Center in Fountain Springs. A series of mandatory meetings with employees were held by the administration at the end of last week. In the article, Merlyn E. Knapp, president/CEO of St. Catherine's, is quoted as saying, "The message to our employees this morning was stay calm, work with us and give us some time to resolve these difficult issues."

The article reported that several workers who were leaving the meetings complained that some employees were getting their paychecks late. They were told that "some people didn't get paid because their (hospital) bank account was frozen." Although the last payday was Fri., March 16, many employees did not receive their checks until Monday and Wednesday of last week.

The employees also told the paper that they sometimes find themselves short on supplies. One employee is quoted as saying, "In general, it's in every department where they're short of items."

Despite these issues, Knapp is quoted in the article as saying that there are no layoffs "at this time."

Wilkes- Barre Man Dead After Industrial Accident

Wed, 28 Mar 2012 09:11:32 -0500

A Wilkes-Barre man is dead after an industrial accident at the Proctor & Gamble plant in Wyoming County Saturday.
According to WNEP, Jason Slavish, 36, was injured while the plant was down for maintenance and that Slavish was injured during repair work on a paper machine and died of head trauma later that day in a local hospital.
P&G officials said Slavish was a 14-year employee and the plant has not had a deadly incident in decades.
Proctor & Gamble is one of the largest employers in Wyoming County and employees interviewed by WNEP said the company is big on safety, requiring employees to wear steel toe boots and safety glasses.
OSHA has been called in to investigate the accident.

Shell Oil Considers Beaver County Site for Chemical Complex.

Fri, 23 Mar 2012 09:43:51 -0500

Shell Oil recently announced a land-option agreement with Horsehead Corporation to evaluate a Beaver County site for a potential petrochemical complex, including an ethane cracker facility, according to a news release issued by Pa. Gov. Tom Corbett's office.
Corbett said in the release that the Shell plant, if constructed, has the potential to be "the single largest industrial investment in the region in at least a generation."
A study by the American Chemistry Council estimated that more than 10,000 new permanent jobs would be created as a result of the facility locating to the region and Shell expects 10,000 construction jobs will result from site development.
The next steps include additional environmental analysis of the site, further engineering design studies, assessment of the local ethane supply, and evaluation of the economic viability.
The potential complex includes an ethane cracker which would process ethane from
Marcellus natural gas to produce ethylene, a building block for petrochemicals. Ethylene is then used for a number of chemical derivatives that are
used in the production of various products, including food packaging, bottles, house
siding, pipes, carpets, tires, footwear, detergent and adhesives.

New Study Links Work Burnout and Overeating

Tue, 20 Mar 2012 06:00:00 -0500

A new study by the American Journal of Clinical Nutrition has linked employee burnout to overeating, according to an article on CNN.com.

The study involved 230 working women. Even after 12 months, those who were experiencing workplace burnout at the beginning of the study were more likely to have emotional and uncontrolled eating habits than those without burnout.

The study found that body mass index was often associated with uncontrolled eating and that overweight individuals were more likely to engage in these behaviors. But the study found that there was no significant difference in weight between people with and without burnout.

The article noted that everyone responds differently to stress and that some people actually eat less under stress. More participants are needed to corroborate the findings in this study. But the experts agreed that confronting burnout is key to controlling the situation.

"What I find in a lot of people is that food is not the issue. They're not necessarily eating the food for a physiological reason, but they're doing it for a psychological reason. It just happens that food is so readily available," said Meagan Mohammadione, R.D, L.D., at the Emory Bariatric Center in Atlanta.

In the article, another expert said that when stress is not managed in a long-term way, diet and exercise changes can be very challenging. And some short-term diet changes can add to stress, such as reducing carbohydrates, which can lower an already low mood.

To combat cravings at work, the experts recommend the following: have healthy snacks like baby carrots and apples available in place of junk food from the vending machine, and talking a walk to get a little exercise when you feel the need to indulge in a not-so-good snack.