Author Archives: Ira Weinstock
I Have Been Served with a Termination, Suspension and/or Modification Petition in my Pennsylvania Workers’ Compensation Case. What’s Next?
Help! My employer has filed Termination, Suspension and Modification Petitions against me. Now what? There are several ways your benefits can be stopped by the insurance company. Your benefits can be modified (reduced) or suspended (stopped but allowing ongoing treatment) or terminated. Often, an insurance company will file all three! A favorite tactic of… Read More »
What is a Mediation in Pennsylvania Workers’ Compensation?
If you have an open workers’ compensation case in Pennsylvania there’s a strong chance that at some point you may have to appear in front of a Workers’ Compensation Judge, especially if you have a serious injury that may prevent you from returning to your pre-injury job. If you have an accepted workers’ compensation… Read More »
Organizing Temporary Employees Under the National Labor Relations Act
With the prevalence of temporary employment agencies and temporary workers in the workforce, it has been difficult for Unions to organize temporary workers who enter a previously organized workplace. In Oakwood Care Center, 343 NLRB 659 (2004) the National Labor Relations Board (NLRB) ruled that bargaining units that combine employees who are solely employed… Read More »
Who is Covered under the Pennsylvania Heart and Lung Act?
Who is Covered under the Pennsylvania Heart and Lung Act? Compensation for injuries on the job for certain enumerated occupations, generally dealing with law enforcement, are covered under the Pennsylvania Heart and Lung Act. Those occupations include: State Police Liquor Control Board Enforcement Officers Liquor Control Board Investigators Parole Agents State Correction Employees with… Read More »
Pennsylvania Unemployment Compensation and Workers’ Compensation: Can I Get Both?
Yes you can. However, your eligibility for both will be determined based on a variety of factors. If you were fired, the employer will be required to prove that you were fired for willful misconduct. If the employer fails to meet that burden, you will be eligible for unemployment benefits. It’s not uncommon that… Read More »
OVERTIME PAY FOR MORE U.S. WORKERS AND AVERAGE WEEKLY WAGE CALCULATIONS
In a previous article, we discussed new overtime rules that will go into effect on December 1, 2016. These new overtime rules could affect up to 4 Million U.S. workers. These changes could be significant for Pennsylvania injured workers. When a worker is injured on the job, the employer is required to prepare a… Read More »
New Overtime Rules to go Into Effect
On May 18, 2016, the Department of Labor’s published a final rule updating the overtime regulations under the Fair Labor Standards Act (FLSA), which will automatically extend overtime pay protections to over 4 million workers within the first year of implementation. Key Provisions of the Final Rule The Final Rule focuses primarily on updating… Read More »
WHAT IS A TERMINATION PETITION?
Will a Termination Petition affect my weekly benefits? Not immediately and hopefully never. If the Employer wins a Termination Petition, the injured workers’ weekly comp checks will stop. However, the filing of a Termination Petition does not mean wage loss benefits will immediately or ever stop. The injured workers’ benefits can continue as the… Read More »
Exceptions to Employment Protection under the Pennsylvania Medical Marijuana Act
In a previous article we discussed the Pennsylvania Medical Marijuana Act (the Act) and the employment protection language included therein. Here we will discuss some of the exceptions to those protections. In addition, many activities related to the use of medical marijuana are by their very nature violations of federal law, and the Act… Read More »