October 28, 2009

Prompt Passage of Economic Recovery Act Payment for 2010 Needed

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.

October 22, 2009

Concurrent Employment

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.

October 14, 2009

Abnormal Working Conditions

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.

October 7, 2009

Employer Responsible for Paying for Repairs

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.