Posts Tagged ‘Thomas Cummings’

In light of the ever-growing presence of well drilling activity in the Marcellus Shale formation, Attorneys Joseph Price and Thomas Cummings of the DLP law firm recently received accreditation after attending a comprehensive continuing legal education course in Houston, Texas presented through the Oil, Gas and Energy Resources Law Section of the State Bar of Texas.
The substantive portions of the course materials included and overview of the applicable State and Federal regulations that cover jurisdiction over roads, traffic, noise, odors, leases, permits, pipeline easements and royalty payments. In addition, the program addressed the legal obligations of property owners (the “surface owner”) and well drilling operators in the event of a well drilling work accident, damage to the surface owners property, damage to adjacent owner’s property, or personal injury suffered as a result of a well drilling operation.
The course program, as offered by the University of Texas School of Law, provided instruction in problem areas that develop in the areas of oil, gas and mineral law. Course presenters included law professors, as well as private counsel and corporate attorneys who practice in the natural gas and oil drilling litigation field.

A recent study out of Pennsylvania State University has been quoted by the gas industry as predicting that as many as 98000 new jobs may be created in Pennsylvania as a result of increased drilling for natural gas.

The Pennsylvania personal injury Attorneys at Dougherty Leventhal and Price LLP are committed to protecting the rights of workers and their families for injuries or death suffered while working at drill sites. Attorney Thomas Cummings and Attorney Joseph Price will be attending a seminar at the University of Texas which will discuss issues involving gas drilling. Attorney Cummings handles workers compensation claims for injured workers. Attorney Price handles serious/complex personal injury claims involving injury or death. Both Attorney Cummings and Attorney Price have been named Super Lawyers by Philadelphia Magazine.

Any person or family suffering death or injury as a result of gas drilling in Pennsylvania should contact Dougherty Leventhal and Price LLP immediately for a free consultation.

In a case involving the recently-created Uninsured Employer Guaranty Fund (UEGF), Attorney Thomas Cummings of the DLP law firm secured an award of wage loss benefits and payment of medical expenses for a gentleman who was injured while employed for an entity whose workers’ compensation insurance coverage had lapsed.
On November 9, 2006, Governor Rendell signed Act 147 into law. Act 147 established and funds the Uninsured Employer Guaranty Fund, which provides benefits to injured employees of uninsured employers. Article XVI of the act requires that an injured worker notify the Fund within 45 days after the injured worker knew that the employer was uninsured. Further, Act 147 prohibits an injured worker from filing a claim petition against the Fund until at least 21 days after notice of a claim is made to the Fund. Prior to the creation of the UEGF, employees of uninsured employers were limited in their ability to secure payment of benefits under the Pennsylvania Workers’ Compensation Act. With the creation of the UEGF, injured employees could now seek recovery from a state-administered fund which streamlined the litigation process and afforded the opportunity to recover benefits from a viable entity.
The facts in the instant case were both shocking and newsworthy. The injured worker was employed by Zigzag.net, an internet marketing firm. The owner of Zigzag.net also was involved in a separate private investment company. An investor in that company called for a meeting that was scheduled at the Zigzag facility on February 12, 2007. Unfortunately, the investor showed up for the meeting armed with a handgun and a semi-automatic pistol and opened fire, killing three people and wounding a fourth. The surviving victim, the claimant in this case, was able to splice together telephone lines that had been cut by the shooter and call “911″. The shooter subsequently shot and killed himself when confronted by police.
Zigzag.net had allowed it’s workers’ compensation insurance policy to lapse. Fortunately, the UEGF was now in place which afforded the victim the opportunity to pursue a claim based upon the fact that the shooting and resultant injuries had occurred while he was “in the course and scope” of his employment, despite the fact that there was no insurance coverage in place. The UEGF fund was given proper notice and the claim was filed. Depositions and hearing testimony were offered by the victim and a representative of the police department which investigated the shooting. Thereafter, the parties were able to agree to an amicable resolution which provided payment of medical bills and wage loss benefits.
If the shooting had occurred just 4 months earlier prior to the enactment of the UEGF provisions, the injured worker would have been faced with the task of pursuing a claim against an uninsured entity with little assets. The creation of the UEGF allowed the victim the opportunity to secure an award of benefits which justly compensated him for his work-related damages.
If you or a loved one has been injured at work, please feel free to contact me, Attorney Tom Cummings at 570-347-1011 or email me at tcummings@dlplaw,com.