Author Archives: Ira Weinstock
Pennsylvania Workers’ Compensation: Are injured workers required to meet with a rehabilitation nurse?
Answer: No. Pennsylvania workers’ compensation insurance carriers often hire nurses to “monitor” the medical care of an injured worker. The rehabilitation nurses follow injured workers to their doctor appointments and at times put pressure on the doctors to release the injured worker to return to work as well as direct the medical care. Injured… Read More »
I Had a Work Related Injury But My Employer is Not Insured
A few times a year we meet clients who have sustained work related injuries, but their Employer does not have Pennsylvania Workers’ Compensation Insurance. Under Pennsylvania law, Employers are generally required to purchase Pennsylvania Workers’ Compensation Insurance, however, if they don’t, you could still be eligible for Pennsylvania workers’ compensation benefits. Act 147 which… Read More »
NLRB Office of General Counsel Finds Misclassification of Truck Drivers is a Violation of the National Labor Relations Act
The National Labor Relations Board (NLRB) Office of General Counsel recently issued an Advice Memorandum regarding an alleged violation of Section 8(a)(1) of the National Labor Relations Act (NLRA) concerning an Employer’s misclassification of employees as independent contractors. See Pacific 9 Transportation, Inc. Case 21-CA-150875. The Employer, Pacific 9 Transportation, Inc. operated a trucking… Read More »
Motor Vehicle Accidents and Willful Misconduct
A common scenario in employment discharge cases, especially with commercial truck drivers, is a discharge based upon a “preventable accident.” Some employers will discharge an employee based upon a single incident depending on its severity or based upon multiple incidents which may be less severe. The fact that an accident has occurred, however, does… Read More »
Hearing Loss – The Most Common Work Related Illness in the U.S.
Work related hearing loss is often overlooked and undetected by employees and employers. Many workers don’t even realize that work related hearing loss is a compensable injury under the Pennsylvania Workers’ Compensation Act. The Center for Disease Control (CDC) has found that hearing loss is the third most common chronic physical condition in the… Read More »
Happy Labor Day!
Happy Labor Day! To all of the hard working Americans and the American Labor Movement, thanks for your efforts in allowing us all to achieve the American Dream! Ira Weinstock, P.C.
Harley-Davidson Announces Layoffs in York County
On August 31, 2016, Harley-Davidson announced it was laying off, between 100 to 200 employees at the York facility. According to an article in “The Street”, the full year’s projected shipped motorcycles will be off by approximately 5,000 units. That same article states that both full time and casual employees will be part of… Read More »
Pennsylvania Construction Workers and Employee Misclassification
Many employers in the Pennsylvania building trades will attempt to classify employees as “independent contractors” to avoid paying taxes on their wages as well as other potential liabilities such as workers compensation. The Construction Workplace Misclassification Act, 43 P.S. §§ 933.1 – 933.17 (“Act 72” or “The Act”), went into effect on February 10,… Read More »
Pennsylvania Medical Marijuana and Social Security Disability Claims
Yes, it can. In April, the Pennsylvania Legislature passed SB3, now Act 16 of 2016, authorizing a medical marijuana program in the state. However, as of this writing (July 2016), its use by adults is not yet permitted. It will take approximately two years for the program to be running and fully functional. When… Read More »
Occupational Diseases and Pennsylvania Workers’ Compensation
A recent Pennsylvania Commonwealth Court case has found that a deceased firefighter was not eligible for Pennsylvania Workers’ Compensation benefits after the firefighter died from gastric cancer. In City of Williamsport v. Workers’ Compensation Appeal Board the Fatal Claim Petition, filed by the Decedent’s wife, alleged that Decedent’s death from gastric cancer in October… Read More »