Posts Tagged ‘employment’

            Tony was hired to work at the natural gas extraction sites In Pennsylvania at his home in Texas. When Tony signed the employment agreement, he stated that he would submit any Workers’ Compensation case to the state of Texas since his employer was principally based in Texas. Tony did not realize that the reason for this clause in his contract was because Texas Workers’ Compensation benefits for injured workers are far less comprehensive than those for injured workers in Pennsylvania.

            Tony was involved in heavy physical work on the jobsite and while lifting he sustained several herniated discs in his back. Tony was told that he had to pursue his compensation claim in the state of Texas and under the laws of that state.

ISSUE:          Is Tony’s employer correct?

ANSWER:     No. In the state of Pennsylvania, regardless of where the contract was entered into, an employer cannot compel an injured worker to only pursue compensation benefits as this employer attempted to do in one state. Pennsylvania has jurisdiction over any injuries occurring within the state of Pennsylvania regardless of where Tony’s employer is based. Tony would be wise to utilize the laws of Pennsylvania as opposed to the laws of Texas. For example in Texas if Tony is advised by any doctor including the doctor hired by Tony’s employer that he Tony has recovered, Tony’s medical and loss wage benefits would stop automatically. In Pennsylvania Tony would be allowed a hearing and would be allowed to present his own testimony including his treating physicians.

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. 

Canonsburg, PA – Today, Marcellus Shale Coalition president and executive director Kathryn Klaber issued the following statement responding to a report issued by the Keystone Research Center calling into question the employment impact associated with responsible shale gas development:

“In the heat of a budget battle in Harrisburg, opponents of responsible natural gas development have launched yet another thinly-veiled, politically-timed attack on an industry that is creating family-sustaining jobs for men and women across the Commonwealth.  But families across Pennsylvania are seeing firsthand the reality of Marcellus development: it is fueling economic growth, employment, and investments in roads and infrastructure at rates not seen in decades.

“According to the Department of Labor and Industry, unemployment in counties with Marcellus development remains below the state average. Along Pennsylvania’s Northern Tier, where development is most concentrated, employment has jumped 1,500 percent since the end of 2007. Furthermore, Marcellus operators are investing billions of dollars into Pennsylvania’s economy – from constructing state-of-the-art operating facilities, to building new offices, to leasing land for responsible development and driving economic growth in our rural communities. Take into account the more than $1 billion in taxes generated by Marcellus activity over the past half-decade, stable and affordable energy prices made possible by responsible natural gas development, and the ancillary employment impacts cascading through businesses across the Commonwealth, and only then can the full act of Marcellus development be realized. Once again, the rhetoric of opponents of Pennsylvania’s clean and abundant energy supply is simply not squaring with reality.

“People who were out of work and now have jobs thanks to Marcellus development are more than statistics, and they are proud that they now have jobs. Attempting to trivialize their new employment opportunities simply to fulfill a political agenda not only denies the real economic benefits from Marcellus, but also demeans the very people who are employed.”

The economic impact of responsible shale gas development is being felt in every corner of the commonwealth:

Family Sustaining Wages

• “The average wage in the core industries was $73,150, which was about $27,400 greater than the average for all industries.” (Center for Workforce Information & Analysis, June 2011)
• “The average wage in the ancillary industries was $61,871, which was more than $16,100 greater than the average for all industries.” (ibid)

Employment Impact

• “Areas with significant Marcellus Shale drilling activity have seen notable decreases in unemployment rates.” (ibid)
• “The Northern Tier Workforce Investment Areas (WIA) experienced an increase of employment growth of over 1,500%.” (ibid)
• “The Central WIA was second in terms of employment growth by volume and by percentage with an employment increase of almost 1,000%.” (ibid)
• “Significant employment gains were seen in each WIA that had substantial Marcellus Shale drilling activity.” (ibid)

Infrastructure Investment

• “Marcellus shale drillers spent $411 million in the past three years to help rebuild Pennsylvania roads…” (Pittsburgh Tribune-Review, June 21, 2011)
• “Since 2008, approximately 21% of the payments have been made toward local roads, while approximately 79% went toward improving roads maintained by the state.” (MSC press release, June 21, 2011)

Tax Revenue Generated by Responsible Marcellus Development

• “Drilling Industry Paid More Than $1 Billion in State Taxes Since 2006, Tax Payments in First Quarter of 2011 Already Surpass 2010 Totals” (Dept. of Revenue press release, May, 2, 2011)
• “The Revenue Department’s analysis, which breaks out tax payments from oil and gas companies and their affiliates through April 2011, indicates that 857 of these companies have already paid $238.4 million in capital stock/foreign franchise tax, corporate net income tax, sales/use tax and employer withholding to the state in 2011. These figures from the first quarter of this year already exceed by nearly $20 million the total tax payments made in all of 2010.” (ibid)
• “The data indicate that counties with 150 or more Marcellus wells experienced an 11.36 percent increase in state sales tax collections between 2007 and 2010.” (Penn State University, February 27, 2011)
• “In counties with ten or more Marcellus wells, returns reporting royalty income increased 44.1 percent and tax income increased 325.3 percent.” (ibid)

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• Study: Marcellus Shale helping region’s economy: “Many areas of Pennsylvania, including the Pittsburgh metro area, are benefitting from the Marcellus Shale drilling activity. That certainly is giving Pennsylvania a boost relative to the rest of the country in terms of employment and gross economic output.” (Pittsburgh Post-Gazette, June 21, 2011)

Posted At: Marcellus Shale Coalition.org

New Pa. Govt. Data Shows The Rate of Marcellus Job Creation “Is Accelerating”; Employment Up 1300% In N. Tier

Canonsburg, Pa. – The Pennsylvania Department of Labor & Industry – like a host of news outlets across the region and the nation – continues to keep a watchful eye on the powerful job creation engine called the Marcellus Shale, the world’s second largest natural gas field behind one in Iran.

In its recent “Marcellus Shale: Fast Facts” employment overview, the Center for Workforce Information & Analysis – a research arm of the Dept. of Labor & Industry –   demonstrates clearly, with new data, the Marcellus Shale’s sustained, growing and unmatched economic strength. In fact, according to this independent, government data, “The number of new hires across the [Marcellus producing regions] is nearly double in 2011Q1 than what it was in 2010Q1; [indicating] that while new employees continue to be hired, the rate is accelerating.”

Under the headline “Marcellus Shale drilling creates 48000 jobs, report says,” thePatriot-News reports this:

Nearly 48,000 people have been hired in the last year by industries related to drilling in the Marcellus Shale, and 71 percent of those people were Pennsylvania residents. Nine thousand of them were hired in the first three months of 2011. The average salary was higher than the statewide average. And the rate of hiring is accelerating.

And a Dept. of Labor and Industry spokesman tells the Citizens Voice that Marcellus-related jobs are “far and away the fastest growing” in the Commonwealth.

Below is an overview of these staggering economic impact and employment figures from theDept. of Labor & Industry – which notes that “areas with Marcellus Shale drilling activity have seen notable decreases in unemployment rates” – by the numbers:

READ MORE

• What They’re Saying: Marcellus Shale “An Opportunity to Revolutionize Energy Policy”
• What They’re Saying About The “Friends of Marcellus” Rally
• Just The Facts: Marcellus Has Generated “More Than $1 Billion in State Taxes Since 2006”
• What They’re Saying: Marcellus Putting Pa. to Work, “Opportunities Are Plentiful, Enduring”
• VIDEO: “The Marcellus: An American Renewal”

Copyright: Marcellus Shale Coalition.org

Canonsburg, Pa. – According to a new USA Today analysis, “The share of the population that is working fell to its lowest level last year since women started entering the workforce in large numbers three decades ago.” In today’s paper, reporter Dennis Cauchon notes that “only 45.4% of Americans had jobs in 2010, the lowest rate since 1983 and down from a peak of 49.3% in 2000. Last year, just 66.8% of men had jobs, the lowest on record.”

The nation’s economic outlook, by most metrics, is grim. In Pennsylvania, modest overall employment growth is projected over the next year, the USA Today reports. Yet there’s a silver lining. While many industries have experienced cutbacks and lower rates of projected job growth, Pennsylvania’s ‘Natural resources & mining’ and ‘Professional & business services’ — at respective rates of 4.0% and 3.2% — continue to be leading sources of job creation in the Commonwealth.

Natural resources jobs account for direct Marcellus Shale-related employment. And according to the USA Today, professional and business services jobs included ‘scientific, technical services, management of companies, administrative support, waste management and remediation services.’ (Yes, these numbers are in line with the Marcellus Shale’s Coalition’s (MSC) analysis from earlier this month – available HERE).

We call it the ‘Marcellus Multiplier’ – the powerful supply chain, made up of a host of small and mid-sized businesses, that plays a critical role in enabling the responsible development of clean-burning American natural gas from up to 9,000 feet below ground. Here’s a quick look at how this job-creating impact is revitalizing communities:

• While Fewer Than Half Americans Had Jobs Last Year, Penn Tech Grads “Can Pick From 15 to 20” Marcellus Jobs: Students graduating from the Pennsylvania College of Technology with two-year degrees in heavy equipment technology and diesel mechanics are being offered up to $20 an hour, said Mary Sullivan, dean of natural resources management. Some graduates are earning $70,000 a year, she said. Companies are telling the college “we’ll take everyone you can give us and then some,” Sullivan said. A graduate can pick from 15 to 20 jobs, she said. (Patriot News, 4/9/11)

• “Pennsylvania Enters ‘Golden Age’ of Natural Gas”: More [Marcellus] jobs draw in more people, boosting the state economy and the finances of individuals. Supply store owners like Paul Battista have tailored their inventories to meet the demands of the natural gas industry, resulting in a boom in profits. “From ‘08 to ‘09, we probably had a 30-35 percent increase in our gross sales,” Battista said. “And from ‘09 to ‘10, we had a 100 percent increase in our business. And so far, 2011, we’re seeing another 100 percent increase over 2010.” (CBN News, 4/14/11)

• “Landscape Architects Find New Business in Marcellus Shale”: The term “landscape architect” is more likely to conjure images of Central Park in New York than it is drilling rigs in Pennsylvania, but the natural gas boom in the Marcellus Shale has brought new life to a profession hit hard by the recession. … However, work generated by the Marcellus industry has become the bread and butter for many of his colleagues in the west and north-central portion of the state, said [Thomas] McLane. …McLane said he’s already seeing a surge in commercial and residential work along Route 6, the main road across the northern tier. (Patriot-News, 4/11/11)

Families, consumers, small businesses and those looking for steady work across the region recognize these clear economic benefits. In fact, a recent Institute for Public Policy & Economic Development poll analysis determined that a clear majority of Pennsylvanians support the responsible development of American natural gas from the Marcellus Shale.According the survey, “among those who did have opinions, more than two times as many expressed support for developing the gas industry as opposed it.” By clear margins, respondents not only support or strongly support Marcellus Shale development, but they also believe the “availability of jobs and job training opportunities were more likely to be expected to ‘get better.’”

More important than new jobs and millions in tax revenue generated for local governments and for the Commonwealth, though, is the industry’s unwavering commitment to protecting the environment and getting this historic opportunity right. “Drilling can proceed safely,” said PennFuture president and CEO Jan Jarrett this week. She’s absolutely right. And as Ray Walker Jr., senior vice president of Range Resources and chairman of the MSC, told a crowdof 700 in Pittsburgh on Monday evening: “Nobody wants to do it right more than the companies that do it.”

Interested in joining our industry? Please visit the MSC’s Jobs Portal to learn more about employment opportunities, because we’re hiring.

Copyright: Marcellus Shale Coalition

     The Pennsylvania Commonwealth Court has ruled that a denial of workers compensation benefits was proper in a case involving the issue of whether the injured worker (“claimant”) was in the course and scope of employment when the injury occurred. In Penn State University v. WCAB (Smith), the Court has determined that evidence was insufficient to establish that the workers’ compensation claimant, Mr. Smith, injured himself while in the “course and scope” of his employment.  Smith broke both of his ankles when he jumped down a flight of stairs while on his lunch break. Typically, an injury is compensable under the Workers’ Compensation Act only if the injury arises in the course of employment and is causally related thereto. An injury may be sustained in the course of employment under the Workers’ Compensation Act where the employee is injured on or off the employer’s premises while actually engaged in furtherance of the employer’s business or affairs. However, an activity that does not further the affairs of the employer will take the employee out of the course and scope of employment and serve as a basis for denial of the claim. Generally speaking, neither small temporary departures from work to administer to personal comforts or convenience, nor inconsequential or innocent departures will remove the claimant from the course and scope of employment.

     In the day of his injury, Mr. Smith was cleaning dorm rooms at Perry Hall for Employer’s Housing Department.  Claimant left Perry Hall to take his 30 minute unpaid lunch leave at Bruno’s, an on-campus dining facility where Claimant had an employer-sponsored meal plan. Claimant was walking from Perry Hall to Bruno’s on a walkway that included three flights of stairs. He intentionally jumped down the second flight of approximately twelve steps, landing very hard with his feet flat and fractured both ankles.

     The Court determined that Mr. Smith’s actions in light of the nature of his employment (performing housekeeping or cooking duties) could not be viewed as furthering employer’s business or affairs noting that he voluntarily jumped down a flight of stairs on a “whim,” and that he had thoughts of doing it before the injury date. The Court went on to state that he did not trip or fall down the stairs, but walked up to the edge and jumped off the stairs and injured himself upon landing.  The Court concluded that the employer did not encourage in any way Claimant to jump a flight of stairs during his lunch break and that the facts did not establish that Smith’s actions furthered a specific interest of Employer.

Federal Economic Data Makes Clear the Marcellus Shale’s Positive Impact Across the Commonwealth

Canonsburg, Pa. –  The Mighty Marcellus Shale – the world’s second largest natural gas field – continues to be a driving economic force in the Commonwealth, helping to create jobsfor tens of thousands of Pennsylvanians, revitalizing rural economies, generating millions in tax revenue, bolstering small business and manufacturing growth and creating opportunities for a host of other industries across the region. Because of the ‘enormous’ benefits associated with clean-burning, American natural gas – as President Obama said in a recent speech – an American Renewal is underway in the region.

And while tens of thousands of good-paying, Pennsylvania jobs, tied directly to responsible Marcellus Shale development, have been created – upwards of 212,000 jobs over the coming years, according to Penn State University experts – data from the U.S. Bureau of Labor Statistics (BLS), an arm of the Labor Department and the “the principal fact-finding agency for the Federal Government in the broad field of labor economics and statistics,” clearly demonstrates this connection.

What follows is an overview of BLS economic data – specific to “Natural Resources and Mining” jobs [direct natural gas production-related employment is accounted here] – from 2009 to 2010 in key Marcellus Shale producing counties across the Commonwealth, as well as the number of Marcellus wells drilled in each county during that same time period. Of important note, 1,224 construction-related jobs were created in these Marcellus-producing counties during the same period, according to BLS data. This uptick in construction-related employment is attributable to the robust supply chain supporting Marcellus development.

Copyright: Marcellus Shale Coalition

                Paul had sustained a serious back injury while working and had been on Workers’ Compensation for over one year. Despite several operations, Paul’s back was not better and to return to work at any type of gainful employment seemed unlikely. After Paul’s injury,  he had developed other problems involving his shoulder as well as heart issues.

ISSUE:          Paul was wondering whether he could apply for Social Security since he was already receiving Workers’ Compensation benefits.

ANSWER:     Yes. Social Security is a Federal program that provides benefits for the disabled and Workers’ Compensation is a state program. Social Security uses a different standard and will take into consideration all of Paul’s problems regardless of whether they are work related or not. Thus his heart condition and his shoulder condition will also be considered in determining whether Paul is entitled to Social Security benefits.

            If Paul is deemed eligible back to the date of his work injury for Social Security, Paul will entitled to Medicare coverage on his non-work related medical bills as well. Paul’s monthly Social Security check will be less since Paul is collecting State Workers’ Compensation benefits as the Federal Government gets a credit to a certain extent for those 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. 

Encana’s decision to stop drilling in Luzerne County means major development won’t happen here.

By Jennifer Learn-Andes [email protected]
Luzerne County Reporter

The environmental impact of natural gas drilling is subject to debate, but nobody disputed that driller Encana Oil & Gas USA Inc.’s continued presence in Luzerne County would have created jobs and work opportunities.

Hauling, construction, heavy equipment rental, road building, legal, surveying, title searching, engineering – the list goes on.

Then there’s the purchasing power of new residents who need food, housing, clothing and entertainment.

“In places where gas development has been very active, there has been major employment increases and business activity directly related to that gas development,” said Tim Kelsey, a professor of agricultural economics at the Penn State Cooperative Extension, which has been actively involved in studying natural gas issues.

Encana’s decision to scrap drilling in Luzerne County means that major development probably won’t happen here, Kelsey said.

The company announced Thursday that the two exploratory wells it has drilled in the county are unlikely to produce natural gas in commercial quantities, prompting the company to immediately cease operations in Luzerne and Colombia counties.

Kelsey characterizes the company’s departure as a “missed opportunity.”

“It’s different than a situation where you have a major employer who quits and leaves, suddenly leaving many people unemployed,” Kelsey said. “It was more an opportunity that looked like it was coming to Luzerne County but won’t happen.”

Luzerne County businesses may still capitalize on the natural gas boom in neighboring counties, in large part because of its proximity to major highways, Kelsey said.

“Luzerne County can still capture some of that supporting activity. The county could still see some benefits,” Kelsey said.

Wilkes-Barre-based Borton-Lawson, for example, has been providing architectural and engineering services to natural gas companies in neighboring counties in addition to Encana, said Mike Wilk, vice president of the company’s civil business unit.

Borton-Lawson hired 20 new employees to work on natural gas business in Bradford, Susquehanna and Wyoming counties, including site design and assistance with permitting applications for well pads and pipelines, Wilk said.

Encana’s departure was disappointing, though the company should still be busy on natural work in other counties, Wilk said.

“We enjoyed working for Encana. We thought they were a very good company to work for, and we were looking forward to more work with them,” Wilk said.

Rosenn Jenkins & Greenwald LLP in Wilkes-Barre has also represented numerous property owners – both in Luzerne County and neighboring counties — in finalizing their natural gas leases, said Joseph Persico, the firm’s managing partner and a partner in the firm’s real estate division.

Persico said he is optimistic that the firm’s natural gas legal work in other counties will continue.

“We have a group of real estate lawyers here who have been following this trend every since it began, and they are familiar with gas leases and gas companies,” Persico said.

Economic growth from the natural gas industry has been “rather significant” in neighboring counties, he said.

“Obviously it was our hope that many of those employment activities would take place here,” Persico said.

Todd Vonderheid, president and chief executive officer of the Greater Wilkes-Barre Chamber of Commerce, said law firms and engineering companies in Luzerne County have been handling natural gas work and will continue to do so.

“Luzerne and Lackawanna counties have been receiving some part of the economic spin-off long before Encana started drilling,” Vonderheid said.

He pointed to Baker Hughes, a drill bit supplier now established in the Crestwood Industrial Park.

“Baker Hughes is a vendor to Marcellus shale. There are companies that need access to vendors who will likely locate in more densely populated areas,” Vonderheid said.

Kathryn Klaber, president of the natural gas industry advocacy group Marcellus Shale Coalition, said the economic impact of Marcellus development “knows no borders or county lines.”

“The supply chain and employment needs of Marcellus operators and those servicing the industry stretch well beyond the areas under development,” Klaber said. “These opportunities will only increase as additional wells come on line and clean-burning natural gas is safely and effectively developed.”

Staff writer Matt Hughes contributed to this report.

Copyright: Times Leader

Harry was employed by Happy Times Candy Company. Happy Times provided transportation for their employees to and from the factory. Happy times utilized a van and provided a driver to pick employees up, such as Harry, from their home and being them to work and then, at the end of the day, take them back to their home.

Harry was riding in the employer-provided van driven by a fellow employee when the van collided head on with another vehicle. Harry suffered serious injuries and attempted to file a claim against his employer under Workers’ Compensation.

Question: Can Harry seek a Workers’ Compensation claim?

Under the laws of Pennsylvania, there exists what is called the Ridesharing Act. This Act provides the transportation of employees to and from their place of employment in a motor vehicle owned or operated by the employer will not be covered under the Workers’ Compensation Act. In essence, the Act eliminates employer-provided transportation from the scope and course of an employee’s employment.

Harry, though, will be able to file suit against the drivers of both the vehicle he was in and the driver of the other vehicle, which was involved in the collision. Unlike Workers’ Compensation, where his only recovery would be lost wages and medical bills, with a civil suit, he can also collect for his pain and suffering.

Normally, co-employees are immune from liability under the Workers’ Compensation Act. Because the Workers’ Compensation Act would not apply, Harry could now sue the driver of his own van and, in effect, bring suit against his employer who provided the driver.

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.

Louie had been working for the Pig & Pork Trucking Company for ten years as an over-the-road truck driver. Pig & Pork Trucking Company had their home office in Indiana. When Louie was hired, he went out to Indiana to fill out his employment application.

On August 17th, Louie was driving back from the west coast on I-80 not far from the Bloomsburg Exit. For some unknown reason, a car that was passing Louie went out of control directly in front of Louie. Poor Louie was badly injured, and it looked like he was going to miss an extended period of time of work.

Louie’s employer insisted that Louie file his comp claim in the state of Indiana since that is where his employer was located, and that is where Louie signed his contract of employment. Louie insisted that he was entitled to workers’ compensation benefits under Pennsylvania law.

Question: Who is right?

Answer: Louie is right. It doesn’t matter that Louie lives in Pennsylvania, but any individual that is hurt while in the scope and course of their employment in the state of Pennsylvania, regardless of where the employer is located or where the contract for employment was entered into, has a right to proceed under the Pennsylvania Workers’ Compensation Act. Injured employees oftentimes select Pennsylvania when they can because of Pennsylvania’s favorable benefit allowance for injured workers.

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.