Dougherty, Leventhal & Price, LLP

Scranton Work Injury Lawyer

Tom Cummings — Sun, 27 May 2012 20:56:04 +0000

The Pennsylvania Commonwealth recently addressed the issue of the burden on an employer in establishing that a surviving dependent spouse is party to a common law marriage. Under Section 307 of the

Pennsylvania Workers’ Compensation Act, in situations where a person is fatally injured in the course and scope of employment, compensation benefits are payable to the survivors of that person, typically, the widow/widower and their children. However, the act alos indiactes that should any dependent of a deceased employe die or remarry, the right of such dependent or widower to compensation shall cease. If a widow remarries, she shall receive 104 weeks of compensation in a lump sum. In PPL v. WCAB (Hicks), the facts indicated that Sandra Rebo (Claimant) was receiving workers’ compensation benefits as a dependent spouse following the death of her husband, George Rebo (Decedent). Mr Rebo’s employer filed a Termination Petition on June 12, 2008 seeking to cease compensation payments alleging that Claimant was involved in a “meretricious relationship”. Employer later amended its Petition to seek alternative relief based on an assertion that Claimant had remarried.

Claimant testified that she was the widow of Decedent and that she has not remarried. She acknowledged that she resides in a home with Gary McDonald and that she and Mr. McDonald split expenses. She stated that they did not currently engage in any sexual activity. Claimant admitted that she and Mr. McDonald did previously engage in sexual activity off and on through 2006. She stressed that she has no intention of marrying Mr. McDonald and that the two do not hold themselves out as husband and wife. She acknowledged that she and Mr. McDonald represented to Mr. McDonald’s employer that they were common law husband and wife for the purpose of having her placed on his health insurance coverage. She also admitted she and Mr. McDonald completed their federal income taxes as â€œmarried filing jointly.â€ However, she indicated that she never engaged in an official marriage ceremony with Mr. McDonald. McDonald also testified in this matter. He agreed he represented to his employer, Phillipsburg Borough, that he and Claimant were common law husband and wife for the purpose of having her placed on his health insurance. He further agreed that the two completed tax forms as â€œmarried filing jointly.â€

The Workers Compensation Judge(WCJ) denied the Termination Petition concluding that the employer failed to meet its burden of proving that the Claimant was involved in a meretricious relationship. The WCJ further opined that Employer did not establish a right to any relief based upon Claimant entering into a common law marriage. The WCJ acknowledged that Claimant and Mr. McDonald live together, that they filed tax returns as a married couple, that they engaged in sexual relations for a period of time and that they represented to Mr. McDonald’s employer that they were a married couple for insurance purposes. However, the WCJ determined that Claimant and Mr. McDonald never formed any intent to enter into common law marriage noting thatâ€œthey have simply tried to â€˜game the system\’ by saying that they were common law married when that posture benefited them financially.â€

The Commonwealth Court, in hearing this case on appeal, noted that common law marriage can only be created by an exchange of words in the present tense, spoken with the specific purpose of creating the legal relationship of husband and wife, and this is a heavy burden and must be established by clear and convincing evidence. The Court thus determined that the employer, as a matter of law, did not establish that claimant and claimant’s male roommate had entered into a common law marriage so as to require termination of benefits. The Court also indicated that evidence of words sufficient to establish a definite agreement to marry were required in order for employer to satisfy its burden. Any presumption of common law marriage based on proof of cohabitation and reputation was unavailable to employer, and claimant’s roommate stated that the two never agreed to be married.

Your Spanish Speaking Lawyer Says Happy Memorial Day Weekend

Brian Price — Sun, 27 May 2012 15:04:08 +0000

Back on May 5, 2012 we celebrated the Cinco de Mayo and the great Mexican victory over the French at Puebla. This weekend, we in the United States remember all of the brave men and women who have sacrificed their lives over the past 250 years to give to us the freedoms that we take for granted today. From the Revolution to the Civil war, from World War II to Iraq, our brave men and women have placed honor and country over self in order to protect us and keep us free. There is no Liberty and Justice without their sacrifices. Happy Memorial Day. Enjoy your family, friends and life. Remember those who afford you this privilege! Brian G. Price, Esquire

TOWANDA, BRADFORD COUNTY and WELLSBORO, TIOGA COUNTY GAS DRILLING and TRUCK ACCIDENT LAWYERS–DLP–Natural Gas Cars, Trucks and Buses?

Joe Price — Sun, 27 May 2012 12:36:57 +0000

Today is the running of the Indy 500 open wheel race. The cars will be traveling well over 200 mph while hundreds of thousands of race fans cheer on their favorite drivers. Fuel milage in the single digits per gallon will not be an issue. However, in the real world, the cost of gasoline remains high as does the cost of imported oil. The MARCELLUS SHALE NATURAL GAS BOOM has resulted in great quantities of natural gas and very low prices. The Philadelphia Inquirer reports today that there is a growing movement underway at the state and federal level to increase the use of natural gas motored TRUCKS, CARS AND BUSES. Both Democrat and Republican politicians like the idea of building out the infrastructure system at filling stations to include natural gas pumps. Likewise, according to the story, natural gas powered TRUCKS, CARS AND BUSES are being developed with new technology to make them cheaper and more reliable. The natural gas boom in NEPA, Western and Central pennsylvania is beginning to pay off for natural gas drillers and their workers.

The 13 Trial Lawyers at DLP have developed experience in handling GAS DRILLING ACCIDENT cases throughout BRADFORD, TIOGA, WYOMING AND SUSQUEHANNA COUNTIES. DLP has represented thousands of accident victims for over 35 ears throughout Gas Country and NEPA.

NEPA MOTORCYCLE ACCIDENT LAWYERS–DRIVERS BE ON THE LOOKOUT FOR MOTORCYCLES!!

Joe Price — Sat, 26 May 2012 12:02:27 +0000

As motorists head to the road this holiday weekend, the MOTORCYCLE ACCIDENT LAWYERS AT DLP urge all motorists to be respectful and on the lookout for our friends on motorcycles. Many bike lovers choose the Memorial Day weekend to take their bikes out of storage and enjoy the miles of scenic Pennsylvania highways. Keep an eye out for them and give them and all drivers on the road the respect they deserve. Let’s make this Memorial Day Weekend the safest ever on Pennsylvania Highways!!!

GAS DRILLING ACCIDENT AND TRUCK/CAR ACCIDENT LAWYERS IN NEPA–DLP–Weather Heats Up As Do Water and Expert Issues

Joe Price — Sat, 26 May 2012 11:54:53 +0000

The weatherman is cooperating this Memorial Day weekend as near record temperatures are expected throughout Pennsylvania Gas Country, the home of numerous State Parks, family hunting cabins and favorite mountain vacation stops. As the heat rises, so has the heated rhetoric surrounding gas drilling water issues and gas drilling expert studies and results. In Western Pennsylvania, property owners have filed a lawsuit alleging that their water has been polluted by gas and oil drilling activities in their neighborhood. According to reports in the Pittsburgh Post the lawsuit is the result of a long standing debate between the property owners and drilling company.

Elsewhere, gas drilling critics are challenging the impartiality of the educator responsible for the recent University of Buffalo and also the recent Penn State natural gas drilling studies. Critics claim that the studies’ author is funded by organizations friendly to natural gas drilling. the author denies the allegations.

DLP and it’s 13 Trial lawyers has represented thousands of clients and collected millions of dollars in recoveries over the last 35 years. DLP has readily expanded its practice into representation of workers and innocent victims injured or killed as a result of GAS DRILLING ACCIDENTS, GAS TRUCK ACCIDENTS, CAR ACCIDENTS caused by TRUCK CONGESTION and speeding, QUARRY ACCIDENTS, MOTORCYCLE ACCIDENTS AND OTHER TRAGIC EVENTS.

FELIZ DIA DE LOS CAIDOS EN ACCION

Brian Price — Fri, 25 May 2012 16:11:28 +0000

Los 13 Abogados Litigantes y el personal de Dougherty, Leventhal & Price, LLP- DLP les desean a todos sus clientes y amigos un feliz y seguro Fin de Semana del Día de los Caídos en Acción. Con tráfico adicionas de Camiones y Carros en las carreteras, especialmente en el Campo del Gas en Pensilvania, los conductores necesitan tener extra precaución este fin de semana cuando regresen o vallan a sus lugares favoritos de vacaciones. Disfruten y estén seguros!!

ABOGADOS DE ACCIDENTES DE PERFORACION DE GAS Y ACCIDENTES DE CAMIONES /CARROS- DLP – GASOLINA, AGUA Y TERRENO EN LAS NOTICIAS

Brian Price — Fri, 25 May 2012 16:07:17 +0000

Este fin de semana del Día de los Caídos los ciudadanos de Pensilvania están listos para disfrutar este feriado y esperan temperaturas más altas de lo normal. Ellos también disfrutaran de los precios bajo de la gasolina. Así como el costo del gas natural cayó este invierno pasado, el precio de la gasolina ha reducido drásticamente gracias a que el petróleo ha bajado a menos de $90.00 por barril. Estas son grandes noticias para las personas que conducen a sus lugares favoritos de vacaciones este fin de semana.

En otros lugares, más información del Municipio de LeRoy, en el Condado de Bradford revela que 3 posos de agua potable y 2 corrientes de agua están mostrando señales de contaminación de gas metano. El DEP y Chesapeake Oil y Gas (quienes operan los pozos de perforación de gas cercanos) están investigando. Los dueños de las propiedades han recibido agua potable y filtros mientras la investigación continua. Finalmente, los oficiales en Harrisburg están contemplando en alquilar de más tierra de la mancomunidad, de las universidades y propiedades del estado para perforar más gas natural. El problema ha estado preocupando por muchos años y continua siendo debatido. Los 13 abogados de Dougherty, Leventhal & Price, L.L.P.-DLP representan a victimas lesionadas gravemente a través del Nordeste (NEPA) y Pensilvania Central. Por el momento DLP está manejando el auge de perforación de gas, las explosiones de piedra, los accidentes de camiones y carro, casos en los Condados de Teoga, Bradford, Susquehanna, y Wyoming.

ABOGADOS DE ACCIDENTES DE PERFORACION DE GAS EN EL CONDADO DE BRADFORD- DLP- Las Uniones se Reúnen en Harrisburg – Se Planea Mas Construcción de Tubería de Distribución

Brian Price — Fri, 25 May 2012 15:49:59 +0000

Mientras que la perforación de gas disminuye y el precio del gas natural continúa bajo, oficiales y miembros de uniones se reunieron en Harrisburg el día de ayer para señalar los trabajos de la unión que han sido creados por el auge del gas de Marcellus Shale en Pensilvania. La reunión tenía por objeto señalar que la industria del gas está creando empleos bien remunerados para los residentes de Pensilvania. Los críticos de la perforación de gas natural han reclamado que los trabajos de perforación de gas son temporales y buscan a trabajadores de perforación fuera del estado. Los líderes de las uniones no están de acuerdo con esto y le quieren informar al público.

En otros lados, Penn/Virginia, una compañía de tuberías de distribución, anuncio que planea un proyecto 300 millones de dólares para la expansión de tuberías de distribución en el campo de gas en Pensilvania. Tal vez la producción ha disminuido pero las empresas siguen invirtiendo y contando con el continuo crecimiento.

DLP representa a victimas lesionadas catastróficamente en accidentes dentro del campo de gas en Pensilvania.

Scranton NEPA Work Injury Lawyers

Tom Cummings — Fri, 25 May 2012 13:38:42 +0000

Question: If I’m hurt at work, for how long will I be able to collect benefits?

Answer: If you suffer a serious injury taht totally disables you from working, you can hypothetically collect benefits until you have recovered at least some ability to return to work. However, after you have collected total disability benefits for 104 weeks, your employer can require a medical examination to determine if you are at least 50 percent impaired based upon your work injury according to American Medical Association standards. If the examination findings do not meet the 50 percent threshold, your status can change to partial disability which will limit your benefit duration to 500 weeks.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 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.

HAPPY MEMORIAL DAY FROM DLP

Joe Price — Fri, 25 May 2012 11:44:59 +0000

The 13 Trial lawyers and their staff at Dougherty Leventhal Price LLP–DLP–wish all of their clients and friends a happy and safe Memorial Day Holiday weekend. With additional Truck and Car traffic on the roads, especially in Pennsylvania Gas Country, drivers need to be extra careful this weekend coming and going to their favorite vacation... Read more »