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NORTHWESTERN PENNSYLVANIA AREA LABOR NWPA ALF News FEDERATION SPECIAL POINTS FEBRUARY 2018 EDITION OF INTEREST: · The NWPA ALF’s AMERICA’S YOUTH MOVE TO ACTION: jurisdiction covers 19 With so many mass shootings especially “School Shootings” in recent decades, the Pennsylvania Counties: Armstrong, Beaver, offering of thoughts and prayers are simply not enough. We have seen nothing Butler, Cameron, tangible that offers an end or even reduction of these events, like common sense gun Clarion, Clearfield, laws. The guns used in these events are most often weapons designed for war (the Crawford, Elk, Erie, killing of humans) like the AR-15. Banning these weapons, bump stocks, and their Forest, Indiana, ammunition will not prevent those responsible gun owners from enjoying their Jefferson, Lawrence, passions of hunting, sporting clays, trapshooting, target practice, etc.. No one wants to McKean, Mercer, Potter, take guns away from hunters/responsible gun owners. Any “Gun Law” will need to Venango, Warren and include the requirements of background checks, safety training, Licensing, and mental Westmoreland. health requirements. · We produce this After the February 14th Mass school shooting at Marjory Stoneman Douglas High , the newsletter for the outcry for change has grown and Americas Youth have drawn a line in sand saying members of our “We have had enough!” Poignant speakers like; Emma Gonzalez, Cameron Kasky, affiliates. Ariana Ortega, Alex Wind, Sheryl Acquaroli, Spencer Blum, David Hogg, and Zachary · Any comments or Norris have been calling out our legislators and telling them to prove they value their questions about this lives by passing much needed common sense gun laws. They commented that any newsletters or its contents legislators who receive money from the NRA or refuse to vote to pass common sense should be sent to the gun control should wear a “Badge of Shame”. America’s youth have gone to their NWPA ALF is located at State Legislators in Florida to discuss gun violence. The students will continue this fight 1276 Liberty St. Ste. 2 in in the hopes that the mass shooting at Marjory Stoneman Douglas High will be the last Franklin, PA 16323. one. They had a lie in at their state capitol today and are planning additional events to keep the momentum going which include: INSIDE THIS ISSUE: “MARCH FOR OUR LIVES” Updates on IRE’s... 2 Labor Solidarity 3 Saturday, March 24th Scholarship Deadlines 4 Washington DC Why You Need 4 Sign-up at: http:// act.everytown.org/sign/ NWPA ALF Meetings 5 march-for-our-lives Imperfect Notice is 6 Sufficient Notice High School Walk Out Labor Day Parade 6 Committee Meetings Friday, April 20th CLC Meetings 7 The plan calls for high school students to Workers Memorial 8 walk out on April 20, the 19th anniversary Services of the Columbine shooting. No time has been specified yet. The plans are current- Please wear orange if possible when Moment of Silence 7 ly being housed on Twitter along with a attending these events. It is the National Change.org petition page that has over Symbol of Solidarity for the movement to Casey Roundtable 8 76,000 signatures as of Tuesday morning. Stop Gun Violence. PAGE 2 UPDATE ON IRE’S—ARE WE ANYWHERE NEW? by Barb Holmes Attorney As you may remember, last summer individuals who did not challenge the need to speak again on these issues. we advised that Pennsylvania IRE when it was originally held could What this also means is that the Supreme Court struck down the have the benefit of thePROTZ Pennsylvania Legislature is looking at impairment rating provision that decision, that is whether they were ways to modify an injured worker’s was contained in the Pennsylvania time-barred or had waived the benefits on the basis of such an Workers’ Compensation Act, argument. In one case, the examination again, but this time by allowing the compensation carrier Commonwealth Court held that the crafting the language of the statute in to request a specific evaluation after injured worker was foreclosed from a way that a Court will not strike it an injured worker had received 2 attacking the prior IRE because he did down as unconstitutional. That years of benefits and then modify not challenge it at the time, and did legislation is in the works right now, benefits to partial disability based not have evidence that his disability from information we receive from on that examination. This change to had increased since that exam. The those in Harrisburg. When it will partial did not change the amount of Supreme Court, on petition for come to a vote is anyone’s guess, but money that injured worker received, appeal, vacated that decision and it is something that the Legislature but it put a cap on those benefits at sent it back to the Commonwealth feels is important, so it will likely be 500 weeks. The Pennsylvania Court to re-consider the application of discussed in the coming months. Supreme Court in the PROTZ case PROTZ. In another decision, the For the present, however, individuals considered this provision of the Act Commonweal Court held that the whose benefits were transferred to to be unconstitutional, because it Supreme Court “essentially struck the partial using this examination may no did not put sufficient checks and entire IRE provision from the Act,” longer be confined to the receipt of balances on how the AMA Guides to thereby reinstating the injured 500 weeks of benefits, if they the Evaluation of Permanent worker’s benefits. continue to be totally disabled. Any Impairment were to be used in The Appeal Board has issued individual whose benefits were making this assessment. The decisions reinstating injured workers modified based upon an IRE, Workers Compensation Act had to total disability benefits, but only as particularly those still receiving required that “the most recent of the date of the PROTZ decision, benefits, should contact counsel with edition” of the Guides be used in the knowledge and understanding of the determination, and since there had meaning that they are considered to be totally disabled as of June 20, Workers’ Compensation Act been several editions since the time 2017. WCJ’s are taking all different immediately. Those individuals who the law was enacted in 1996, the approaches, some denying the return underwent such an exam but whose PROTZ Court felt that there were to total on the basis that employees benefits may have stopped because not strict enough guidelines for the did not attack the IRE previously, to the 500 weeks has passed should also use of the AMA’s Guides. What the throwing the IRE out entirely and contact counsel, as it may not be too Supreme Court did not do was tell considering the injured worker to late to re-open the claim and the lower tribunals— have been on total disability benefits reinstate benefits. It is essential for Commonwealth Court, Appeal Board the entire time, that is, never having these individuals to investigate the or Workers’ Compensation Judges-- been transferred at all, as though the possibility of setting aside that how the law was to be applied going IRE never happened. examination and percentage of forward. impairment without delay! What these varying decisions mean is Since that time, the Commonwealth that the Commonwealth Court will Court has issued several decisions ultimately have to try to make a involving IRE’s. The issue primarily uniform way of handling these cases, before the Court is whether and that the Supreme Court may Blaufeld Schiller & Holmes Attorneys at Law Phone: 412-391-0775 or 800-343-9384 Fax: 412-391-7194 PAGE 3 Labor Solidarity Events in NWPA Other Locations of Major Events PAGE 4 WHY YOU NEED UNINSURED MOTORIST COVERAGE TO PROTECT AGAINST AUTO ACCIDENTS By Signa Ruberg Under Pennsylvania law, every motor statutory minimum of insurance, so drunk driver, driving on a suspended vehicle liability insurance policy issued your PIP pays $25,000, but you have license without any insurance. Imagine in the commonwealth must offer the still lost $75,000. You file a claim the drunk driver is 24 years old, with no option to purchase uninsured against the other driver, who was at financial assets to pay a judgment. motorist (UM) and underinsured fault, but that driver only has the Without UM/UIM coverage, you’d only motorist (UIM) coverage. There is no minimum required coverage of have your PIP and your health insurance requirement to purchase this $15,000. Now you have a shortfall of to defray costs. coverage, and it does add to the cost $60,000. At this point, you can file a At our firm, we believe in carrying the of your policy. But there are many claim with your own insurance maximum amount of insurance you can reasons to buy UM/UIM coverage, company under your UIM policy. If afford. When calculating your household which can save you from severe you have $25,000 in UIM, you can budget, you should count UM/UIM financial hardship after a serious decrease your shortfall to $35,000. insurance as a necessity, not a luxury. accident. You will still have to sue the at-fault If you need assistance with this or any First, let’s understand how this driver to get a judgment for the total other work comp or injury issue, please insurance works. Pennsylvania law amount, plus your lost earnings and feel free to contact the Attorneys at requires all drivers to purchase certain your pain and suffering. But at this RUDBERG LAW OFFICES, LLC toll free at minimum levels of coverage: point, if you have a good health 1-866-306-2667 or email insurance policy, your out-of-pocket [email protected].

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