The Pennsylvania Department of Labor and Industry has announced that the maximum workers' compensation benefit rate for an injury that occurs in 2010 will be $845.00 per week. The maximum rate for a 2009 injury is $836.00, making this one of the smallest yearly increases in recent history.
Martin Banks Pond Lehocky & Wilson will sponsor a Blood Drive for the American Red Cross on Tuesday, January 19, 2010 from 9 am - 3 pm. The Blood Drive will take place on the 19th Floor of our building at 1818 Market Street, Philadelphia. Walk-ins are welcome or you can sign up online to donate!
Commissioner of Social Security, Michael J. Astrue, recently announced that the agency has ended the year with fewer disability hearings pending than in the prior year. Social Security ended fiscal year (FY) 2009 with 722,822 hearings pending compared to 760,813 hearings pending at the start of the year, a reduction of more than 37,000 cases. Over the same period, the average processing time for these cases improved from 514 days in FY 2008 to 491 in FY 2009.
“Our backlog reduction plan is working, and progress is accelerating,” Commissioner Astrue said. “Even in the face of a significant increase in our workloads as a result of the worst recession since the Great Depression, we have reduced the hearings backlog for nine consecutive months. Thanks to the efforts of thousands of hardworking Social Security employees and the additional funding we received from President Obama and the Congress, we have exceeded our backlog reduction goal for this year.”
In addition to reducing the number of cases awaiting a hearing decision, the agency again targeted the oldest and most difficult cases for processing. Beginning in FY 2007 with 65,000 cases that were 1,000 days old or older, the agency has continually attacked its “aged” cases. This year, the agency targeted 166,838 cases that were 850 days or older and virtually eliminated this entire universe of cases. The goal in FY 2010 has been reset again to eliminate cases over 825 days old.
For more information about Social Security’s hearings process and backlog reduction initiatives, go to www.socialsecurity.gov/appeals.
Law Does Not Provide for a Social Security Cost-of-Living Adjustment for 2010
Since the Cost-of-Living Adjustment (COLA) went into effect in 1975, this will be the first year that there is no automatic adjustment. Social Security and Supplemental Security Income benefits for more than 57 million Americans will not automatically increase in 2010.
Some other changes that would normally take effect in January 2010 based on the increase in average wages also will not take effect, even though average wages did increase. Since there is no COLA, the statute prohibits an increase in the maximum amount of earnings subject to the Social Security tax as well as the retirement earnings test exempt amounts. These amounts will remain unchanged in 2010. A fact sheet with more information on 2010 Social Security changes can be found on the Social Security Administrations web site.
According to Michael J. Astrue, Commissioner of Social Security said " This year, in light of the human need, we need to support President Obama's call for us to make another $250 recovery payment for 57 million Americans." The president is calling on the Senate to enact this legislation before it becomes too late for Social Security Administration to update its computer systems to implement this needed change. For a full update from the Social Security Administration go to www.socialsecurity.gov/cola.
Ostrawski v. Workers’ Compensation Appeal Board (UPMC Braddock Hospital)
In determining whether a claimant is entitled to include wages earned with a concurrent employer in an average weekly wage the following factors should be examined: the period of employment preceding the work injury, whether periods of layoff were frequent, whether a concurrent employer terminated an employee during a layoff and whether a laid-off employee returned to work following such a period. Moreover, the Court explained that the presence of these factors can sufficiently demonstrate a pre-injury ability to earn wages for the alleged concurrent employment.
McLaurin v. Workers’ Compensation Appeal Board (SEPTA)
The Commonwealth Court upheld a workers’ compensation judge’s finding that a bus driver who was accosted by several hooded young men with guns was not exposed to abnormal working conditions. The employer presented evidence which showed such occurrences were not extraordinary and were envisioned as part of the work. This case seems to uphold the line of cases that state that abnormal working conditions are hard to demonstrate absent illegal activity on the part of the employer.
In a decision filed on September 2, 2009, the Commonwealth Court ruled that an employer is responsible for paying for repairs to an injured workers' home due to substandard construction when that original construction was necessitated by claimant's work injury.
In Equitable Resources v. WCAB (Thomas), the employer was required to make modifications to claimant's bathroom due to claimant's paraplegia caused by his work injury. After that construction was completed, claimant began to experience water leakage in the bathroom and mold began to form in the walls and under the floors. The Court held that the employer is also responsible for paying for the repairs necessary to rectify the poor construction.
The claimant in this case, World Kitchen, Inc. v. Workers’ Compensation Appeal Board (Rideout) returned to work for the employer in a 40-hour a week position in which she was to earn slightly less than her pre-injury earnings. However, she began having problems performing the job and took days off, because of her work-related back pain. The judge and the Board found that she was entitled to benefits based on the amount of actual earnings and not the 40 hour a week job. The Court reviewed the evidence and found that the claimant never established medically or even factually that she was missing work as a result of her work-related back condition. Thus, it reasoned that the employer was entitled to a modification based upon the 40 hour a week job.
The Court and Administrative Proceeding Interpreter Certification Law provides for Administrative Agencies, including the Bureau of Workers' Compensation, to provide language interpreters (including sign language) when required by a claimant at a hearing. The cost of the interpreter is paid by the Administrative Agency. If you require such a service, please notify your attorney's office which can make the necessary arrangements with the hearing office. At least 10 days notice prior to the hearing is strongly recommended.
Martin Banks Pond Lehocky & Wilson will sponsor a Blood Drive for the American Red Cross on Friday, August 7, 2009 from 9 am - 3 pm. The Blood Drive will take place on the 19th Floor of our building at 1818 Market Street, Philadelphia. Walk-ins are welcome!
Five Martin Banks attorneys were recently named “2008 Pennsylvania Rising Stars” in Philadelphia Magazine and Pennsylvania Super Lawyer Magazine, an annual listing of the top lawyers in Pennsylvania.
Partner David F. Stern and associates Francis Ciprero, Thomas Giordano, Jr., Jody Joy, and Amit Shah were selected by their peers statewide and represent the top 2.5 percent of up-and-coming attorneys in Pennsylvania.
The list of Pennsylvania Rising Stars, representing more than 60 practice areas, is published annually in the December issues of Pennsylvania Super Lawyers – Rising Stars Edition, and Philadelphia Magazine.
Pursuant to the Workers' Compensation Act, Section 105.1, the Department of Labor & Industry has determined the statewide average weekly wage for injuries occurring on and after Jan. 1, 2009, shall be $836.00 per week. For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2009, the percentage increase in the statewide average weekly wage is 3.6 percent.
If you were injured in 2009 and your average weekly wage is $1,254 or greater, you will collect $836.00 per week in total disability benefits. If your average weekly wage falls between $627.01 and $1,253.49, you will collect 66 2/3% of your average weekly wage on a weekly basis.
If you were injured in 2009 and your average weekly wage is between $464.44 and $627.00, you will collect $418.00 in weekly total disability benefits.
If you were injured in 2009 and your average weekly wage is $464.43 or less, you will collect 90% of your average weekly wage on a weekly basis.
