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Author Archives: Site Administrator

Pregnancy Discrimination

By Ira H. Weinstock, P.C. |

According to the U.S. Department of Labor, women now make up nearly half of the U.S. labor force. Three out of every four women entering the workforce will experience at least one pregnancy while employed. Unfortunately, employers fail to recognize that pregnancy does not give them the right to treat employees unfavorably because it… Read More »

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EMPLOYEE HURT AT AN EMPLOYER’S PARTY IS NOT ENTITLED TO WORKERS COMP

By Ira H. Weinstock, P.C. |

In previous articles we have discussed the requirement that employees must be within the course and scope of their employment when injured in order to get workers compensation benefits. In a recent case in the Commonwealth Court, the Court held that an employee hurt at an employer’s party is not entitled to workers comp…. Read More »

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Workers Compensation for Post Traumatic Stress Disorder

By Ira H. Weinstock, P.C. |

In a recent Pennsylvania Supreme Court case, the High Court awarded workers compensation for Post Traumatic Stress Disorder. In Pa Liquor Control Board v. Workers’ Compensation Appeal Board (Kochanowicz), the Court held that getting robbed was not a normal part of the job of a Pennsylvania Liquor store employee. The Claimant, Greg Kochanowicz was… Read More »

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Employer Violates Weingarten by Failing to Allow Active Assistance of a Union Representative

By Ira H. Weinstock, P.C. |

Pursuant to the U.S. Supreme Court case of Weingarten a Union employee called into a meeting with an employer that could reasonably lead to discipline, is entitled to Union representation upon request by the employee and the employer violates Weingarten by failing to allow active assistance of a union representative. In a recent National… Read More »

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Employer Fined For Retaliation Against An Injured Worker

By Ira H. Weinstock, P.C. |

The Occupational Safety and Health Administration (OSHA) recently ordered an Employer fined for retaliation against an injured worker. OSHA ordered Metro-North Commuter Railroad Co. to pay $250,000 in punitive damages and $10,000 in compensatory damages as a result of their violation of the Federal Railroad Safety Act. See http://www.dol.gov/opa/media/press/osha/OSHA20142176.htm In this case, the employee… Read More »

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Employee Use of Employer Email

By Ira H. Weinstock, P.C. |

Employee Use of Employer Email to Engage in Protected Concerted Activity The convenience of email has altered the way most people communicate, especially in the work place. Employee use of employer email to discuss working conditions can be very common in the workplace.  But what rights do employees have to use employer equipment to… Read More »

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Pennsylvania Workers’ Compensation: What Benefits Can you Collect:

By Ira H. Weinstock, P.C. |

Pursuant to the Pennsylvania Workers Compensation Act, an injured worker may recover only five types of benefits: loss of earnings due to the injury specific loss (ie. loss of a finger, arm, leg, hearing, ettc.) death benefits as a result of a work injury illegally employed minor’s benefits reasonable and necessary medical benefits The… Read More »

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2015 Maximum Pennsylvania Workers Compensation Rate

By Ira H. Weinstock, P.C. |

The Pennsylvania Department of Labor and Industry determines on a year to year basis the maximum workers compensation rate for injured workers in Pennsylvania.  The Department of Labor and Industry has announced that the 2015 Maximum Workers Compensation Rate in Pennsylvania is $951/week for all work injuries suffered  after January 1, 2015.  An Employee can determine… Read More »

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Rotator Cuff Tears—Work Related Injuries

By Ira H. Weinstock, P.C. |

One of the most common work related injuries are rotator cuff tears.  A rotator cuff tear occurs either by degeneration or by trauma to the tendons of the four different muscles of the shoulder comprising what’s commonly referred to as the rotator cuff.  The muscles start in the scapula and attach to the head… Read More »

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Social Media Impact on Personal Injury Case

By Ira H. Weinstock, P.C. |

Social media is a veritable treasure trove of information in Pennsylvania personal injury and workers compensation cases. Sometimes that information benefits the Claimant or Plaintiff, but more often than not, it works against the Plaintiff.  Case in point, a Florida man received an $80,000.00 confidential settlement payment for his age discrimination claim against his… Read More »

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