Archive for the ‘DLP Law’ Category

          Billy Jean and Earl had been married for six years and seemed to have a perfect marriage.  Needless to say, Billy Jean was totally shocked when Earl approached her and stated that he wanted a divorce.  Earl made it clear that it wasn’t anything that Billy Jean had done so much as the fact that Earl simply fell in love with another woman. Through further questioning, Billy Jean found out that Earl’s new girlfriend was Billy Jean’s cousin Ruby.  Billy Jean stated that if men were cows, Ruby would have been hung years ago as a cow rustler because she had done this many times before.  Billy Jean stated that Ruby had a particular taste for married men and that Earl would certainly be dumped and fall into a long line of men who had had their good marriages broken up by Ruby.

Billy Jean was so incensed that she decided to see a lawyer to see if she could sue Ruby for alienation of affections or any other possible cause.  Billy Jean certainly felt that Ruby had ruined her life not to mention the fact that the divorce would have a devastating effect on the two young children that Billy Jean and Earl had.

QUESTION:          Can Billy Jean pursue a civil action against Ruby?

ANSWER:          At this time there are seven states in the U.S.,  mostly in the South, where a scorned spouse can sue the new boyfriend and/or girlfriend for property damages. In those states the spouses are considered a unique form of property,  and thus,  in effect when one is alienated from the other because of actions taken by people such as Ruby, the injured spouse has the right to sue people such as Ruby.

In Pennsylvania no such cause of action exists, and Billy Jean’s only revenge will be support payments for her and her children and ultimately,  the eventual “I told you so”  to her husband Earl.

Natural gas drillers, environmental groups and DEP are exploring ways to utilize the millions of gallons of acid mine water abundant in the coal mining regions of Pennsylvania. Because the fracking process which has opened up the Marcellus Shale region to natural gas drilling requires hugh amounts of water, all groups involved are are trying to find an exonomical and efficient method of tapping into the almost endless supply of mine water. If effective, the use of mine water would limit use of fresh water, especially from smaller streams. Mine water use may also help clean existing acid water from streams and rivers. The 13 trial lawyers at DOUGHERTY LEVENTHAL PRICE LLP–DLP—drilling accident, car accident, gas truck and big truck accident, quarry accident and blasting accident attorneys, continue to follow this and other NATURAL GAS ISSUES in NEPA and throughout Pennsylvania.

Question: My employer has filed a Petition to Suspend my Workers Compensation benefits. Will they now stop paying my benefits?
Norma S., Scranton, PA
Answer: As the employer filed a Petition to Suspend your benefits, I’m assuming that you were recently examined by a physician who offered the opinion that there has been an improvement in your work-related medical condition and that you could perform some type of work. I’m also assuming that there has been some type of job offer or vocational efforts showing job availability. That being said, the employer cannot simply stop paying benefits unless you have had the opportunity to contest their allegations before a Judge at a hearing. At the hearing, you will be allowed to present evidence in oposition to the dfendant’s request to reduce or stop your benefits.
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.

Spurred by the growth of the Marcellus Shale gas industry and mild winter, natural gas prices have reached ten year lows. Chesapeake Energy, faced with lower revenues, has decided to cut back gas drilling efforts in Pennsylvania and reduce the number of gas drilling rigs to about 25. The cutback affects operations in Susquehanna, Bradford and Wyoming counties. Meanwhile, because of uncertainties in the Middle East drivers may see $4.00/gallon gas prices at the pumps in the near future. The 13 trial lawyers at DOUGHERTY LEVENTHAL PRICE LLP–DLP–continue to follow these and other issues involving natural gas drilling as they represent victims of big truck, gas truck, automobile, quarry and explosion accidents in NEPA, Central and throughout Pennsylvania.

The Pennsylvania Commonwealth Court recently ruled that a resignation from employment as a condition for settlement of a workers’ compensation claim can bar that employee’s claim for unemployment compensation benefits. In the case of Lee vs. Unemployment Compensation Board Of Review, the claimant/employee, Ms. Lee, was injured in 2005 while on the job. In 2009, Lee settled her workers’ compensation case for a lump sum payment. In consideration for the settlement agreement, Lee also signed a separate release/resignation letter and resigned from her employment with her employer. The resignation/release agreement contained language indicating that Lee waived “any and all claims relating to (her) work injury that (she) has or may have against (the employer) including, but not limited to, any claim under the American with Disabilities Act of 1990, as amended; the Pennsylvania Unemployment Act, as amended, or the Pennsylvania Human Relations Act, as amended”.
Lee subsequently filed for unemployment compensation benefits. The Commonwealth Court ruled that a denial of unemployment compensation claim was proper holding that the resignation was a voluntary act and did not provide a necessitous and compelling cause. The Court noted that Lee admitted that she resigned in order to settle her workers’ compensation claim.
If you are contemplating settlement of a workers compensation claim, contact DLP at 570-347-1011 or email me at [email protected] for a free consultation.
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.
Tom Cummings

Each year, a typical nursing home with 100 beds reports 100-200 falls. As many as 3 out of 4 nursing home residents fall each year. Many of these go unreported. About 5% of adults 65 and older live in nursing homes, but nursing home residents account for about 20% of deaths from falls in this age group. Patients often fall more than once. The average is 2.6 falls per person per year. About 35% of fall injuries occur among residents who cannot walk.

How serious are these falls?

• About 1,800 people living in nursing homes die each year from falls.
• About 10% to 20% of nursing home falls cause serious injuries; 2% to 6% cause fractures.
• Falls result in disability, functional decline and reduced quality of life. Fear of falling can cause further loss of function, depression, feelings of helplessness, and social isolation.

Where will Shell construct it’s new natural gas “cracker” plant to take advantage of the Marcellus Shale natural gas boom??? Pennsylvania? Ohio? West Virginia? All three states are rolling out the red carpet in hopes of landing the project which will bring an estimated 12,000 construction jobs and up to 8000 permanent jobs. West Virginia lawmakers are proposing a 25% tax break incentive to lure the project. Pennsylvania legislators, including Senators Toomey and Casey, are pushing their state for the facility. Ohio officials have met with Shell officials to promote their state. Shell is in the process of making its decision and the stakes for jobs and economic benefits could not be higher. The 13 trial lawyers at DOUGHERTY LEVENTHAL PRICE LLP–DLP–representing CATASTROPHICALLY injured clients involved in gas truck, automobile, gas drilling rig, quarry, blasting and explosion burn accidents continue to follow this and other Marcellus Shale natural gas drilling issues in NEPA, Central and other parts of Pennsylvania.

Williams Pipeline Services announced this week the start up of the company’s new Springville gas collection pipeline in NEPA. Williams has been working hard to acquire property rights, construct and start the new collection pipeline in order to serve the natural gas industry and consumers in Pennsylvania. Williams is continuing its efforts to construct additional pipelines throughout Pennsylvania.

If you are an employee injured at work, there are certain things you must prove to establish a claim for workers compensation benefits. First of all, the burden of proof is on the employee to show a connection between the injury and the employment. In some cases the circumstances surrounding the injury make it obvious that the incident or injury is work-related. In other circumstances, the connection is not so obvious and the injured worker must present competent factual testimony as well as competent, unequivocal medical testimony to establish the connection. The medical opinion evidence must be rendered within a reasonable degree of medical certainty, which requires that a physician who has treated and examined the injured worker presnet opinions that are more than mere guesses or probabilities.
If you’ve been injured on the job and have questions about your claim, call us at 570-347-1011 or email me at [email protected]
Thomas P. Cummings, Esq.

Officials at the Wilkes Barre Scranton International Airport announced a significant increase in passenger traffic attributed to the Marcellus Shale natural gas boom in NEPA. Gas field workers from Texas, Oklahoma and othe states are flying in and out of the airport as they support drilling efforts and pipeline construction in Northeastern and Central Pennsylvania. Additionally, gas industry management and professional support people are using the airport as their main hub to access their company offices in NEPA. Airport officials note that airline carriers are adding larger planes on select routes to accommodate the natural gas industry passenger boom. The 13 trial lawyers at DLP, representing catastrophically injured individuals in gas drilling, gas truck, quarry explosions and othe serious accidents continue to follow this and other issues in the Marcellus Shale regions of NEPA, Central and throughout Pennsylvania.