buckscountycouriertimes.com Twitter: @CourierTimes facebook.com/pages/buckscouriertimes Utley likely BUCKS COUNTY staying put C1

$1.00 Wednesday, August 19, 2015 Judges blame agency for death

By Jo Ciavaglia Staff writer The day Robert Dietz died, he started work on a water main job at 7 a.m. Shortly after 9:30 p.m., he called his wife to tell her he was still on site, but expected to finish soon. An hour later he was dead of a heart attack. His widow, Judith Dietz, blamed his employer — Lower Bucks County Joint Municipal Authority in Bristol Township — for her 48-year-old husband’s sudden death in November 2007. Robert Dietz worked as a field maintenance man- ager for 20 years for the public water authority, a job Chloe Elmer / Staff Photographer that involved heavy labor The new bathrooms at the Bucks County Emergency Homeless Shelter in Bristol Township give residents a and long workdays. feeling of family, said Audrey J. Tucker, CEO of Family Service Association of Bucks County. Judith Dietz filed a workers’ compensation claim seeking benefits for Residents of Bucks County herself and her child for a work-related death. Under contributed cash to transform the federal law, a widow with one child is entitled to the bathrooms at the an award of 60 percent of a emergency homeless shelter. worker’s wages and up to Sheltered by $3,000 for burial expenses. On Friday, a three-judge Pennsylvania appeals court reversed a denial of her Before claim, finding that Dietz had proved her claim that a “causal connection” existed between the 14-hour work- day involving heavy physi- generosity cal labor and her husband’s fatal heart attack. The authority had Commentary ‌As project superinten- unacceptable became unbelievable. dent of the renovation and “I interacted with some residents as they denied liability and the reconstruction project of watched us work,” DiMaio said. “They’d complaint then went before the decrepit bathrooms at say things like, ‘Wow, this is looking great!’ a workers’ compensation the Bucks County and ‘We can’t wait till the bathrooms judge. Emergency Home- are done!’ ” See Blame, Page A2 ianficaro

G less Shelter in However, DiMaio heard one word Bristol Township from the residents more than any

Phil over the past four other. One word that finished months, Mike at their lips, but came from the DiMaio felt the heart: State’s high eyes watching. Thanks. DiMaio, proprietor of Milex Construc- The residents of Bucks County, tion, in Morrisville, noticed many of the 75 please accept our thank you to all who court unseals shelter residents — men, women, children contributed dimes and dollars to — observing the teams of workers rebuild- The Intelligencer and Bucks County ing the crumbling bathrooms as the resi- Courier Times’ “Buck Up, Bucks orders on AG dents themselves attempted to do the same County” campaign to raise funds to By Margaret Gibbons with their own lives in disrepair. fix the bathrooms at the shelter, a Staff writer He heard the comments through the din temporary residence for individuals The state Supreme of banging hammers and whirring drills and families who have lost safe and Court late Tuesday unsealed during installation of new toilets, bathtubs, stable housing. two prior orders relating sinks, showers, mirrors, lights, ventilation, Your generosity raised $244,000, to a protective order that floors, walls, ceilings, wiring and plumbing. with $184,000 helping improve not involved a grand jury inves- He heard residents’ comments who only the bathrooms but residents’ lives tigating leaks. watched appreciatively as old became in the process. The state’s highest court new, dirty became clean, cramped became The old bathrooms were dingy, said the release of the prior roomy, disrepair became dignified and See Gianficaro, Page A2 decrepit and inhospitable. orders was a response to state Attorney General Kathleen Kane’s comments last week alleging Officials: Military likely to open criminal charges against her stem from an most combat jobs to women attempt by Kathleen Harrisburg Kane Make restaurant-style salads By LOLITA C. BALDOR officials and Associated Press‌ state prosecutors who want in your kitchen, Food WASHINGTON — Two women to discredit her and prevent have now passed the Army’s gruel- the release of reported por- ing Ranger test, and even tougher nographic and/or racially and more dangerous jobs could lie or religiously insensitive ahead. The military services are emails. poised to allow women to serve in Kane, who is criminally most front-line combat jobs, includ- charged with leaking secret ing special operations forces, senior grand jury information and officials told The Associated Press. then trying to cover it up, Based on early talks, officials said at her news conference say the Army, Navy and Air Force that she was barred from 83° Partly sunny likely will not seek exceptions that releasing the emails to make 68° and humid. B3 close any jobs to women. Marine her point by a protective Corps leaders, they say, have order issued by Montgom- expressed concerns about allowing ery County Judge William Index women to serve in infantry jobs and R. Carpenter, who super- Advice...... D4 Money...... B8 yet may seek an exception. vised the grand jury looking Classified...... D7 Movies...... D5 The services are wrapping up into the leaks. Comics...... D6 Obituaries..... B6 reviews and must make their rec- However, the sealed Editorial...... A10 Puzzles...... D14 orders made public on Lotteries...... A2 TV...... D5 ommendations to Defense Sec- retary Ash Carter this fall. The Tuesday indicate Kane may officials spoke on condition of Robin Trimarchi / Associated Press have had that authority to anonymity because they were not One of the 20 female soldiers, (top left) who is among the release the email informa- authorized to discuss the internal 400 students who qualified to begin Ranger School, does tion at least as far back as debate. lunges in between obstacles on the Darby Queen, one of December. See Combat, Page A2 the toughest obstacle courses in U.S. Army training. See Kane, Page A2 Wednesday, August 19, 2015 From the Front Page A2 Bucks County Courier Times RETIREMENT He found the medical PLANNING records showed that in 83° Blame 215-968-6638 Anthony Petsis 2002 Dietz was diagnosed apetsis.com 68° with a mild narrowing of & Associates Continued from Page A1 the leg arteries that did not TODAY Partly sunny Dietz had only to prove a and humid. require treatment. He also At the subsequent hear- went to the hospital that connection between the ing, Dietz testified that her year twice complaining of death and the employment, husband’s job involved chest pain, but neither time not that he experienced LOTTERIES Tues., 8-18-15 ONLINE POLLS heavy labor, including jack- more strenuous than usual hammering roads, repair- was diagnosed with cardiac problems, according to duties. www.buckscountycouriertimes.com ing water main breaks and The case was remanded NEW JERSEY PENNSYLVANIA cutting tree roots out of court documents. The doctor concluded to the original judge who, Pick 3: 3-9-3 Cash 5: 5-21-25-26-30 Did the Eagles first pre-season game the sewer system. He fre- using the correct standard, Straight: $278.50 that Dietz’s heart attack Midday Pick 2: 2-1 make you feel any differently about the quently worked longer than granted the fatal claim team’s prospects for this year? occurred when a sudden Box: $92.50 Pair: $27.50 a 40-hour week and was petition, court documents Pick 4: 5-4-5-4 Pick 2: 6-4 blood clot developed in 46% No always on call. show. The authority then Straight: $1,635.50 Midday Pick 3: 1-6-3 a heart artery. A clot can 49% Yes, I feel better about the team During their last con- appealed, and the appeal Box: $272.50 Pick 3: 7-3-9 develop as a result of cold Cash 5: 17-21-25-36-38 5% No, I feel worse about the team versation, Dietz told his board reversed the judge’s Midday Pick 4: 9-6-3-2 wife that he had been doing weather, stress and physical decision, in part because Midday Pick 3: 0-5-3 Pick 4: 6-7-8-7 labor that releases adrena- Straight: $265 roadwork and jackhammer- neither the doctor nor Midday Pick 5: 1-3-9-5-0 Vote in our latest poll ing for hours, and he and line, which tends to thicken Dietz’s wife knew what Box: $44 Pair: $26.50 the blood, and a small tear Pick 5: 1-1-8-7-6 his coworkers were tired duties he performed on the Midday Pick 4: 1-4-1-9 Should college athletes be in the lining of the heart Treasure Hunt: because they’d been on the day of his death and the Straight: $2,265.50 permitted to unionize? artery, which leads to sud- Box: $188.50 3-4-11-15-20 job site a long time, accord- lack of witness testimony den clotting, the court doc- from coworkers about his ing to court documents. uments said. Judith Dietz said her hus- activity, the court docu- MULTI-STATE LOTTERIES But in a deposition sub- ments note. band did not complain mitted by LBCJMA, an Tues., 8-18-15 Mon., 8-17-15 Sat., 8-15-15 about feeling ill and there Judith Dietz filed Mega Millions: Cash4Life: Powerball: internal medicine doctor another appeal, which was nothing unusual about with a focus on cardiology 2-7-33-39-53 9 5-19-21-24-27 3 3-13-17-42-52 24 the conversation, court resulted in the common- disputed Dietz’s expert. He wealth judges’ review of documents said. said that as of 2000, Dietz the case. The panel found Twitter: @CourierTimes About an hour after facebook.com/pages/buckscouriertimes had peripheral artery dis- the doctor’s testimony for their conversation, one of ease in his legs, which is a Robert Dietz supported the Robert Dietz’s coworkers hardening of the arteries findings that working on a came to the house and took that restricts blood flow. At field maintenance crew for involved in the project were former executive editor of his wife to a hospital, where the time, the expert said, 14-plus hours caused the Gianficaro Worth & Co, of Plumstead, The Intelligencer, Bucks Judith Dietz learned he had his doctor advised him to cardiac event and death and which donated the plumbing County Courier Times and died on the job, according stop smoking, but he did that the board erred when and fixtures; Marjam Supply Burlington County Times. to court documents. He was not. it required Dietz’s widow Continued from Page A1 Co., of Philadelphia, which She retired in June. Two in full cardiac arrest when The authority’s expert to show evidence of his spe- donated the drywall; and years ago, she wondered first responders arrived at witness claimed it is com- cific duties the day of the The balance of the total Associated Building Spe- what The Intelligencer and the work site. There was no mon for people with PAD heart attack. amount raised went to Advo- cialties, of Blackwood, New Courier Times could do autopsy. to also have coronary artery “The overwhelming cates for Homeless & Those Jersey, which supplied the in terms of a fundraiser to Judith Dietz testified disease and suggested that circumstantial evidence in Need to purchase a new bathroom accessories. help needy organizations that her husband smoked a Dietz’s heart attack was in this case shows that ADA-compliant bus to trans- Also cooperating on the in Bucks County. During a pack of cigarettes a day for inevitable. The doctor exertion from (Dietz’s) added there was nothing regular work activities over port needy folks to and from fundraising project were tour of the homeless shelter at least 13 years; in 2004 unusual about the work the course of a 14-hour community meals and to Comcast, Family Service with Tucker, Walker was or 2005 the family doctor Association of Bucks County, shocked by the cramped ordered a stress test and Dietz was doing the day workday caused his heart Code Blue shelters in Lower he died, since he had per- which operates the shelter, kitchen and substandard it showed no sign of heart attack,” Judge Mary Han- Bucks County. formed the same job for 20 nah Leavitt wrote in the and AHTN. appliances being used to disease. He took medica- The balance of the fund- tion for high cholesterol for years. decision. ing for the nearly $500,000 On Monday, FSA feed the homeless. She had The judge initially ruled The authority has 30 conducted a tour of the found her cause. about a year. He was 6 feet, bathroom project came from 2 inches tall and weighed that Dietz failed to show days to appeal the decision. a $150,000 donation from upgraded bathrooms made “When I first gave Pat her husband’s heart attack Attorney James Downey possible only by your caring. the tour, I hoped maybe about 200 pounds. was “causally related” to The W.W. Smith Charitable Dietz also presented III, who represents the Trust, of Gladwyne, and a “What these new bath- there was something she his job and denied the LBCJMA, directed ques- rooms do for the families could do to help with the deposition testimony from fatal claim petition. Dietz $150,000 construction grant a board certified emergency tions to the attorney for the here is give them a feel- kitchen or the bathrooms,” appealed and the Worker’s authority’s insurance car- secured by the Bucks County medicine and thoracic ing of family,” said Audrey Tucker said. “She saw the Compensation Appeal rier, but did not provide the Commissioners from the surgeon who reviewed her J. Tucker, CEO of FSA. condition of the kitchen Board vacated the denial on attorney’s name. state Department of Com- husband’s available medi- the grounds that the judge “They’re now able to care didn’t meet our needs. She Jo Ciavaglia: 215-949-4181; munity and Economic cal records, death certificate applied an incorrect stan- for their children in clean said this is what we need to email: [email protected]; Development. and his wife’s testimony. Twitter: @jociavaglia bathrooms with bathtubs to dard. The board found that “People might see the do in the community, that bathe them. bathrooms and wonder if people would “buck up” “The bathrooms were where all the money went,” just one dollar, we could small; if there were three the changing role of women, and it reflects said Franco D’Andrea, a transform the kitchen. family members, they “After the kitchen proj- the individual identities of the services and partner in Forrest Grove wouldn’t all fit. Now, moth- Combat how they view their warrior ethos. Enterprises, of Horsham, ect was done — that Buck ers can have all their chil- Up project raised $282,000 Only a handful of jobs in the Navy and which oversaw the project. dren in the bathroom. They — Pat and I had lunch Continued from Page A1 Air Force are currently closed to women. “But it is more than what can be a family. Parents can one day, and I asked if it Last year the Navy considered seeking you see; it’s ripping up Even if Marine leaders object, they are connect with their young was possible to do a Buck an exception that would have prohibited concrete floors and walls, likely to meet resistance from senior Navy children as they bathe them, Up for the bathrooms. She women from serving on older guided mis- putting in new plumbing, and Defense Department officials who want and there are children’s said, ‘Yep.’ ” sile frigates, mine-countermeasure ships wiring, heating, ventilation the military to be united on this issue. changing tables. Giving Meanwhile, my wife, and patrol coast craft. Some argued that and air conditioning, and Undercutting the Marines’ reserva- those ships, which are due to be phased out them new bathrooms shows Amy Gianficaro, direc- new exhausts. It’s an exten- tions is that Special Operations Command in coming years, would need millions of the respect we should all tor of community affairs is likely to allow women to compete for dollars in construction to add facilities for sive project.” have for them as people. for Calkins Media, parent In addition to Milex Con- the most demanding military commando women and it wasn’t worth the expense. “We are so very grateful company of The Intell and jobs — including the Navy SEALs and struction and Forrest Grove to the community in Bucks But Navy Secretary Ray Mabus with- Courier Times, pitched the the Army’s Delta Force — though with drew that plan in a memo late last month County for making the lives AHTN bus project as a pos- the knowledge that it may be years before of our residents easier.” that was obtained by the AP. Officials said sible Buck Up project. She women even try to enter those fields. Navy leaders concluded that since women Vol. 106, No. 198 Added Michael J. Mattie, and Walker agreed to com- Women have been steadily moving into can serve in all the same jobs on other ships © 2015 Courier Times, Inc. president of the FSA board bine the worthy causes. previously all-male jobs across the military, no real exclusion existed. Enterprises, other companies of directors: “Dignity is a The Courier Times is printed in part on “Because of the shared including as members of the Army’s 160th The Army and Marine Corps, how- recycled paper and is recyclable. word that quickly comes to fabric of helping those in Special Operations Aviation Regiment, ever, have thousands of infantry, artillery mind when I think of what need, we decided to incor- best known as the helicopter crews that and armor jobs that are currently closed to Subscribers these new bathrooms will porate the two,” Gianficaro flew Navy SEALs into Osama bin Laden’s women. There has been a lot of study and give to the residents. These how to reach us said. compound. Women are also now serving debate over whether to open those positions, bathrooms were in such dis- Mattie stressed the Circulation Customer Service: on Navy submarines and in Army artillery because they often involve fighting in small 1-866-492-1514 (Toll free) repair. It created substantial need for the community to units. units on the front lines, doing physically Business office: 215-949-4000 emotional trauma to the resi- become involved to make Friday will mark another milestone as punishing tasks. News: 215-949-4200 dents, compounding their vital projects like the one at the two women graduate at Fort Benning, The Marine Corps set up a task force this Classified: 215-949-4100 stress. Now they feel more the shelter a reality. Georgia, from the Ranger school, a physi- year to set gender-neutral job standards and Obituaries: 215-949-4196 respected.” “Funding is stagnant, News tips: 215-949-4172 cally and mentally demanding two-month determine whether incorporating women [email protected] Thirteen bathrooms were so people have to pitch combat leadership course. Completing the into small squads affected unit cohesion or transformed — three on in,” he said. “I know that course lets the two women wear the coveted combat readiness. Companies made up of all Circulation: Our home delivery the men’s side, eight on the without the “Buck Up” Ranger black-and-gold tab, but it does not men and mixes of men and women spent up customers should receive their women’s side, one for men campaign from the Calkins let them become members of the Ranger paper by 6:30 AM weekdays and 8 to three months in California performing a AM Sunday. For service inquiries, with a young daughter or company, and the stories regiment. Neither woman has been publicly broad range of unit tasks and going through please call our service center by 10 adolescent boy, and another about the project through- identified by the military. detailed scientific evaluations to see how AM at 1-866-492-1514. generously donated to the out the campaign in their Longer term, the uncertainty of the they did. residents by the homeless newspapers, I’m certain Marine decision underscores the wrenching Notice: Unless otherwise requested Senior leaders are reviewing those in advance by a customer, all print shelter staff. A baby bathing we wouldn’t have raised as debates going on within the military over results. subscription packages include and changing station, two much money as we needed the Thanksgiving Day edition and large closets and one small to help the residents here.” the Christmas Day edition and all closet were also built. On Monday, DiMaio customers are charged for these and several other workers newspapers at the Sunday newspa- Previously, the men’s Carpenter said as much be charged criminally, per rate. bathrooms had no bath- stood proudly in the shel- ter, being lauded for and last week when he issued launched her own indepen- tubs, only showers, and the Kane a statement responding to dent investigation before Online Customer Service: admiring their good work women had only two tubs, Kane’s call for him to lift Subscribers may temporarily stop for a great cause. He stood filing charges against Kane. delivery, report service problems, leaving many parents to wait Continued from Page A1 the protective order. Kane’s preliminary outside one of the sparkling sign-up for EZPay or pay for service to bathe their young chil- Carpenter — respond- hearing on those criminal at BucksCountyCourierTimes.com. dren. There are now three bathrooms and nodded. Those orders say that ing to Kane’s statement at charges is scheduled for new tubs on the women’s, or “The bathrooms are the purpose of the protec- a press conference she held Aug. 24. Digital Edition: The Courier Times safer and more accessible,” offers a digital edition subscrip- family, side, and one on the tive order issued by Car- to address the criminal Kane’s legal team, tion. The digital edition is an exact men’s side. he said. “But this was about penter was designed to charges filed against her by responding to Kane’s com- replica of the Courier Times. Call “Adding the new bathtubs more than fixing a bunch of prevent the intimidation, the Montgomery County ments promising to answer for details. is a huge improvement,” bathrooms. This was about obstruction or retaliation District Attorney’s Office the media’s questions if she improving the lives of peo- against witnesses in the Offices are Mattie said. “Some mothers and at which she declined was permitted to release the wheelchair had to put the kids in the ple who just need a little leaks investigation. The to take questions from the emails to explain her side of accessible! sinks to bathe them. This help. I don’t know what protective order “was never media — said Kane already the story, appeared to back project was all about improv- else you have to say.” intended to prevent (the possessed the emails and off from their client’s com- Advertising I do. state Attorney General’s that those emails were ments Tuesday. Levittown ing the lives of families who need our assistance.” Thanks. Office) from carrying out never introduced into evi- “We expect that the Display: 215-949-4125 its constitutional duties,” Classified: 215-949-4100 The “Buck Up, Bucks Phil Gianficaro can be reached dence before the grand jury appropriate public disclo- at 215-345-3078, pgianficaro@ according to the unsealed Legal: 215-949-4112 County” project was estab- probing the leaks. sure will occur with the Fax: 215-259-0603 calkins.com or @philgianficaro on materials. Also, nowhere in the vigorous defense of the lished by Patricia S. Walker, Twitter. Billing questions: Furthermore, those district attorney’s criminal criminal charges that have Classified, legal ads: 215-269-5060. orders said, the protective complaint detailing the been laid against her,” Retail ads: 215-949-4088. order was “never intended Advertising credit: 267-580-3139. charges against Kane is said lead attorney Gerald Corrections to restrict or impact ‘appro- there any mention of the Shargel, a partner in the USPS 06890 Published Sunday priate public disclosure’ pornographic emails. New York law firm of Win- thru Friday including New Years, of information connected Memorial Day, July 4th, Labor Day StoryCorps is not part of the Margaret R. Grundy Memorial Li- County District Attor- ston & Strawn. “These & Christmas) by Courier Times Inc., brary’s monthlong recording project “Everyone Has a Story to Tell with the possession and/ ney Risa Vetri Ferman, images and the emails to 8400 N. Bristol Pike, Levittown PA – What’s Yours?” The recordings won’t be preserved at the Amer- or distribution of possi- receiving the findings of which they are attached 19057. Periodical postage paid at bly pornographic images Levittown, PA. Postmaster: Send ican Folklife Center at the Library of Congress in Washington, the grand jury investigat- are essential to demon- address changes to Bucks County D.C., and won’t be broadcast on National Public Radio’s Morning by members,” of the state ing the leaks and a rec- strating Attorney Kane’s Courier Times, 8400 N. Bristol Pike, Edition. Wrong information was published on Monday’s edition. Attorney General’s Office. ommendation that Kane innocence.” Levittown, PA 19057