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A deer ran into Carol’s car causing extensive damage. Carol took the car into the “We-Fix-‘Em-Right” Body Shop as instructed by her insurance agent. After about one week, Carol got a call from the body shop stating that her vehicle was ready but also advising her that there were additional repairs made on her vehicle that were not caused by the accident. The repairman stated that the repairs were done in order to make the vehicle safe to drive. The cost of these additional repairs was almost $1,300 and was not going to be covered by Carol’s insurance. Carol was upset that the repairman never contacted her to get preauthorization to make these repairs.

Carol went down to the body shop and requested the keys to her car at which time the manager of the body shop advised her that the car would not be released until the outstanding bill was paid.

ISSUE: Does the body shop have a right to retain possession of Carol’s car?

ANSWER: No. Carol is protected by the Consumer Protection Act. This Act specifically has a provision that states that it is an unfair practice for a person to use his or her’s custody or control over a consumer’s goods to pressure that consumer into renegotiating the terms of a consumer transaction. In this particular case, the repair shop owner clearly had no authorization to perform any further work on Carol’s car without Carol’s permission. This was true even if the repair shop felt that it was not safe for Carol to drive the car without the additional non-accident related repairs.

Carol would not be responsible for the additional charges and if her vehicle was not released to her promptly, she will have a right to also be reimbursed for all expenses incurred to rent a vehicle until her own vehicle is returned.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Social Security Disability Insurance (SSDI) pays benefits to blind or disabled persons who have “insured” status. “Insured” status means that the person contributed funds as deducted from his earnings and paid to the Social Security trust fund. These contributions are based on earnings (or those of your parents or spouse) as required under the Federal Insurance Contributions Act (FICA).
Supplemental Security Income (SSI) pays cash assistance to aged, blind, and disabled persons (including children) who have limited income and limited resources. SSI is funded by the Federal government from general tax revenues. Some states provide payment of a supplemental benefit to persons in addition to their SSI benefits.

The Social Security program provides benefits to people who meet the definition of disability per the Social Security Act. “Disability” is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
The law defines “substantial gainful activity” as work activity that involves significant physical or mental effort that is done for pay or profit. A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. In order to establish a physical or mental impairment, the claimant must present medical evidence consisting of signs, symptoms, and laboratory findings in addition to testimony by the claimant regarding the individual’s symptoms.
If you have questions regarding Social Security benefits, call me at (570) 347-1011 or email me at [email protected] for a free consultation.
Tom Cummings

Under Pennsylvania law, in order to establish a claim for benefits under the Workers Compensation Act, an injured worker needs to establish that there was an employment relationship between the injured worker and the alleged employer. This issue is typically seen in cases where the “employer” asserts that the injured worker was not an “employee” or was an independent contractor. The facts of the case are analyzed in the context of several questions regarding the control of the “employee”:

• Did the “employer” have the right to select the “employee”;
• Did the “employer” have the right and the power to remove the “employee”;
• Did the “employer” have the power to direct the manner of the work performance;
• Did the “employer” have the potential power to control the “employee”;
• Who provided the tools or equipment utilized by the “employee”;
• Who secured the work that was being performed;
• Was the “employee” paid by the job, by the week, by the hour, etc.

If you are injured at work and have questions about a workers compensation claim, call me at (570) 347 -1011 or email me at [email protected] for a free consultation.

Paul was only sixteen years old when he was killed in a tragic one car accident. Paul was a passenger at the time of the accident and had been living with his mother who was a single mom.

Paul was an only child and the apple of her eye. Paul’s mother became an emotional wreck as a result of the loss of her son and suffered from severe depression which was almost incapacitating to her.

ISSUE: A lawsuit was commenced against the negligent driver and the issue arose as to whether or not Paul’s mother had a right to sue for her own extreme mental distress even though she was not a witness nor was she involved in the auto accident in any way.

ANSWER: No. Paul’s mother was not injured directly in the accident nor did she witness it. As the executor of Paul’s estate, Paul’s mother will be able to recover any funeral benefits or medical bills but will not have a right to sue for her own extreme mental distress.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

To establish a claim for benefits under the Pennsylvania Workers Compensation Act, the injured workers has the burden of establishing:
(1) An employment relationship during which (2) an injury occurred (3) in the course and scope of employment. The injured worker must also establish that there is a (4) causal relationship between the injury and the employment. Further, to establish a claim for wage loss benefits, the injured worker must show (5) that the injury resulted in disability or death. Lastly, it must be established that there is valid Pennsylvania jurisdiction.

If you are injured at work in Pennsylvania, the Workers Compensation Act entitles you to payment of wage loss benefits for time missed from work while you are disabled as a result of your work injury. To calculate the amonunt of wage loss benefits you will receive, you first need to calculate your average weekly wage (AWW). The AWW is calculated as of date of the work injury. Various methods are utilized to calculate the AWW per Section 309 of the Act. The calculations are based upon gross earnings. The calculation methods consider if the claimant is paid by week, month or year.
If wages vary from week to week, the claimant’s earnings earnings from the four 13 week calendar quarters that pre-date the date of injury are utilized. The quarterly wages are divided by 13 (number of weeks per quarter). The average of the three highest quarters is the average weekly wage (AWW).
The weekly compensation rate is generally 66 2/3 % of the AWW.

Question: I work for a business based in Pennsylvania. I was injured on the job but my injury occurred out-of-state. Can I pursue a Pennsylvania workers comp claim?

Answer: It will depend on the facts and your work situation. The Pennsylvania Workers Compensation Act applies to all injuries that occur within Pennsylvania. If the injury occurs outside of Pa., the Act may apply if:

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Question: You’ve been injured on the job. Your employer has acknowledged the claim and has paid your wage loss benefits and is paying for your work related medical expenses. Can you now sue your employer in a civil case seeking additional damges for pain and suffering, future losss of earnings, etc.?

ANSWER: Generally speaking, NO. The Pa. Workers Compensation Act contains provisons which hold that a workers compensation claim is the exclusive remedy available to an injured employee against his employer for injuries suffered on the job. The Act states “the liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to damages in any action at law or otherwise on account of any injury or death” suffered in course and scope of employment.

However, if the work-related injury suffered by an employee is caused by the negligence of a third party, then the employee may bring a civil action seeking damages against the negligent third party.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

With the ever-growing number of employees working in the Marcellus Shale gas drilling field comes the increasing risk of workers being injured on the job. Here at Dougherty, Leventhal & Price, we have the experience to assist you in the litigation of your workers compensation injury claim should you be injured on the job. A work injury can often be the result of the negligence of a third party. In such situations, the injured worker, in addition to having a claim against his employer under the Workers Compenastion Act, may also have a civil liability claim against the negligent third party whose action caused or contributed to the injury. The lawyers at DLP will carefully review your case to insure that all of your rights are properly protected and that you are fairly compensated for your injuries.