What is Malingering?

What is “malingering” and how can it affect your workers’ comp case?

Malingering comes up often in the context of workers’ compensation. Malingering is a term used to describe the action of exaggerating or falsifying one’s illness or injury to gain some benefit (such as workers’ comp payments).

Workers’ compensation program administrators and officials of the employing company often accuse employees who receive workers’ comp payments of “malingering” as a way to extend benefits. These accusations, which happen on a fairly regular basis, are unfair to dedicated employees who continue to suffer effects from injuries or illness contracted on the job. Such workers are rightfully owed benefits.

A Medical Definition of Malingering:

WebMD defines malingering as:

“‌. . . pretending to have an illness in order to get a benefit. The feigned illness can be mental or physical. […]

What Is the Coming and Going Rule in Workers’ Comp?

Workers’ compensation is insurance that provides financial aid to employees to cover the medical expenses and lost wages due to work-related illnesses, diseases, and injuries. The Pennsylvania Workmen’s (Workers’) Compensation Act was enacted in 1915 and is mandatory for most employers across the state. The insurance is meant to benefit both the employee and the employer, protecting the employee in cases of illness and injury on the job, and the employer from being sued for such cases. Compensation is roughly 66% of the employee’s average weekly wage.

There is an exception, however, to workers’ comp. It’s called the Going and Coming Rule. 

What is the Going and Coming Rule?

According to DMV.ORG, the Going and Coming Rule is when an employee gets into an accident and/or is injured commuting either to or from work. It exempts the employer from paying workers’ comp since the injuries didn’t take place doing a work-related task or in the physical workspace. […]

Amazon workers’ attempt at unionization

The workers’ comp lawyers at Munley Law Personal Injury Attorneys examine the attempt at unionization made by Amazon workers

From the summer of 2020, Amazon has been in the middle of a spirited unionization effort from some of the workers at its Bessemer, Alabama warehouse. Through the Retail, Wholesale and Department Store Union (RWDSU) the employees staged protests that have been largely online and through the phone because of the pandemic. 

The organizers were hoping these protests would yield the same results that pushed for the unionization of employees in high-profile companies in the U.S. and were hoping for similar results for Amazon’s Alabama warehouse.

As Amazon, Chewy, and other warehouses continue to crop up across the Lehigh Valley and throughout our region, it is worth understanding how unionization efforts unfold for Amazon workers.

The push for unionization: how it all began 

The push for unionization started after a small group of workers at the company’s Bessemer Alabama warehouse went to the local branch of the retail workers’ […]

Does Workers’ Compensation Cover Seasonal Workers?

Does Workers’ Compensation Cover Seasonal Workers?

Businesses supplement their staff in peak seasons like summertime and winter holidays by hiring seasonal employees. As the workforce grows, coverage requirements evolve, including workers’ comp seasonal employees’ demands.

The Pennsylvania Minimum Wage Act doesn’t give a clear distinction between full-time, part-time, seasonal, and temporary employees. Some employers provide more benefits to full-time staff than other workers.

So, what happens if you are a short-term employee and you sustain a work-related injury or illness? This post explains how the Pennsylvania Workers’ Compensation Act protects seasonal workers.

Workers’ Compensation Coverage for Seasonal Employees

Pennsylvania worker’s compensation covers nearly all workers, including part-time, temporary, and seasonal employees. Employers like corporations, nonprofits, unincorporated businesses, and even entities with just one employee must provide workers’ compensation coverage.

However, […]

What is the leading cause of workplace fatalities?

The leading cause of work-related fatalities

Overwhelmingly, motor vehicle accidents are the leading cause of workplace fatalities in the U.S. Car and truck crashes account for 40% of job-related deaths each year, according to the National Safety Council. Motor vehicle accidents are the #1 or #2 cause of job-related death across all industry groups.

Motor vehicle workplace deaths by industry

All workers can be at risk of a fatal work-related crash, whether or not driving is a major part of their job duties. Of course, some industries are more prone than others. Not surprisingly, workers who drive a vehicle as a primary part of their job including truck drivers, delivery drivers, and first responders face the highest risk. Consider the fact that one in three long-haul truck drivers have experienced a serious crash during their career. Motor vehicle accidents were responsible for half of workplace fatalities in the gas and oil extraction industry and 46% of work-related deaths for EMS first responders. […]

National Trucking Law Award Renamed in Honor of Robert W. Munley

Marion and Daniel Munley receive national trucking law award renamed in honor of their father and Munley Law Personal Injury Attorneys founder, Robert W. Munley

Marion Munley and Daniel W. Munley received the American Association for Justice (AAJ) Trucking Litigation Group’s “Robert W. Munley Award” on Sunday July 12 during the AAJ’s virtual Annual Convention.  Formerly the “Chairman’s Award,” the award was renamed this year in honor of the late Robert W. Munley (1930-2019). The award is presented annually by the Chair of the Trucking Litigation Group to an attorney who has done extraordinary work to further the group’s objectives: educating other lawyers on trucking law matters and contributing to the improvement of highway safety through legal work and advocacy.

A trucking law pioneer

Attorney Jeanmarie Whalen, a partner at the Florida firm Domnick, Cunningham and Whalen and immediate past chair of the Trucking Litigation Group, […]

Employees sue companies in public nuisance lawsuits

COVID-19, workplace protections, and public nuisance lawsuits

The coronavirus pandemic has drawn attention to issues related to workplace safety and employee protections.

This week, the Pennsylvania Department of Health issues a new order requiring hospitals to better protect healthcare workers from the coronavirus. Hospitals will be required to provide respirators to staff involved in direct care of COVID-19 patients, replace soiled or damaged respirators on request, require universal masking, and notify staff members who have been in close contact with someone who has tested positive for COVID-19. They must also provide testing for their workers. These changes come after months during which nurses and other healthcare workers complained of inadequate protections, rationing PPE, and other safety concerns.

Workers suing McDonalds, Amazon test public nuisance theory in workplace safety lawsuits

Employees at McDonalds and Amazon seeking better workplace conditions have taken legal action against their employers. […]

How long does it take to resolve a personal injury case?

How Long Does It Take to Resolve a Personal Injury Claim?

One of the most common questions that our clients ask is: how long it will take to settle my personal injury case?  Unfortunately, no lawyer can answer that question for certain because every case is different and it can take time to reach the best outcome possible (if you encounter a lawyer who claims to be able to resolve your case in a fixed time period, that may be a red flag, and worthy of considering a change in representation). And of course, if the insurance company refuses to offer an acceptable settlement, your case may go to trial which will extend the timeline a bit further.

To help you understand what to expect in a personal injury case, our experienced personal injury litigation team at Munley Law Personal Injury Attorneys explain the timeline of a typical case and the factors that can impact your recovery. […]

Frequently Asked Questions About Sepsis

Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?

What is sepsis and is it serious?

According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.

The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.

Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.

What Causes Sepsis?

Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:

• Pneumonia and Other Lung Infections
• Urinary Tract Infections
• Abdominal Infections
• Bloodstream Infections
• Kidney Infections
• Skin Infections

According to the CDC, […]

Cocktails To-Go Approved in Pennsylvania

Cocktails to-go allowed in Pennsylvania, under these conditions…

Pennsylvania has joined many other states around the country in allowing restaurants and bars to serve take-out cocktails.  With bipartisan backing, Governor Tom Wolf signed this temporary measure.  The new law applies to hotels and licensed restaurants and taverns that have lost at least 25% of their average monthly sales as a result of restrictions placed on them during the covid pandemic.  The hope is that this new flexibility will allow restaurants not only to stay in business but to possibly hire back additional employees that may have been furloughed. 

The drinks must be a combination of spirits and mixers and must be made on the premises.  Wine and cocktails made with wine are not included.  

The beverages must be served in sealed containers no smaller than 4 ounces and no larger than 64 ounces.  […]

Marion Munley and Daniel Munley: Lawdragon 500 Leading Plaintiffs Lawyers

Marion Munley and Dan Munley Named to 2020 Lawdragon 500 Leading Plaintiff Consumer Lawyers List

 Marion and Dan are the only Scranton lawyers to make the 2020 list. 

On April 3, 2020, Lawdragon Magazine named attorneys Marion Munley and Dan Munley to its prestigious list of the 500 Leading Plaintiff Consumer Lawyers. Only twenty-seven Pennsylvania practitioners made the 2020 list, and the two Munley Law Personal Injury Attorneys attorneys are the only Scranton area lawyers to be given this distinguished honor.

In determining the 500 Leading Plaintiff Consumer Lawyers, Lawdragon investigated practitioners in all fifty states and the District of Columbia. Only lawyers who have consistently demonstrated the highest quality of legal representation over the course of their careers are eligible to be named, and Lawdragon places particular attention on attorneys’ recent achievements.

In addition to being named one of the 500 Leading Plaintiff Consumer Lawyers, […]

FMCSA Issues Final Rule on Truckers’ Hours of Service

FMCSA announces final revision to trucker hours of service rules

On May 14, 2020, the Federal Motor Carrier Safety Administration (FMCSA), a division of the federal Department of Transportation (DOT), announced four regulatory changes. These revisions are meant to provide truck drivers with greater flexibility while preserving the safety of commercial truck operators, manufacturers, and retailers. FMCSA Acting Administrator Jim Mullen stated that the changes were based on thousands of suggestions from drivers and other trucking industry members and comments from the public over the last two years. The agency predicts that these amendments will provide $274 million in annualized cost savings.

What Do the FMSCA Revisions Change?

The FMCSA revisions make the following changes to Hours of Service (HOS) regulations:

Expansion of the “Short-Haul” Exception: The FMCSA imposes tracking, reporting, and other requirements for commercial truck drivers, […]

Covid and Easing of Truck Safety Regulations

According to the Federal Motor Carrier Safety Administration (FMCSA), the incidents of truck crashes in the state of PA are among the highest in the nation.  The FMCSA, an arm of the US Department of Transportation, is tasked not only with tracking the safety records of commercial motor vehicles, but also with regulating the industry.  They are focused on reducing large truck and bus crashes, injuries and fatalities.  They perform roadside inspections, investigate truck crashes and develop and enforce safety regulations.

In 2013,  the FMCSA Hours of Service regulations to limit truck driver fatigue went into effect in an attempt to reduce the number of truck crashes. The rules specify the maximum number of consecutive hours that commercial truckers can drive,  the frequency and length of their rest breaks and number of hours of required off duty time.  Most drivers are limited to 11 hours of driving over a 14 hour workday.   […]

Pennsylvania to Begin Easing Covid-19 Restrictions

Portions of PA will soon begin to have their coronavirus restrictions eased. Beginning on May 8, 24 counties located in the north-central and northwestern parts of the state will be the first areas of Pennsylvania to let many businesses reopen and allow individuals to leave their homes, with safety precautions. These counties were chosen as they are less densely populated and have been least impacted by Covid-19.

These counties are having their restrictions eased under the first step in Governor Tom Wolf’s detailed reopening process.   The plan incorporates a three phase matrix to determine when to ease coronavirus based restrictions.  

Red Phase

• All of PA currently under Red Phase.
• Stay-at-home
• While not strictly enforced, travel for life-sustaining emergencies only encouraged
• Large gatherings prohibited
• Essential business only can remain open
• Restaurants and bars limited to carry out and delivery service
• Schools and most child care faciities closed
• Congregate care and prison restrictions in place

  […]

New Covid-19 Treatment Approved

Researchers have been working around the clock to develop both a vaccine to protect against COVID-19 and medications for its treatment. One experimental drug, remdesivir,  has received emergency-use authorization from the US Food and Drug Administration (FDA) according to the New York Times. 

Remdesivir, is manufactured by Gilead Sciences, a California based biopharmaceutical company.  The drug was originally developed to combat Ebola.

CNN has reported that a preliminary trial of the antiviral drug conducted by the National Institute of Allergies and Infectious Diseases (NIAID), showed that the use of remdesivir shortened the duration of the coronavirus in patients by 31% from 15 to 11 days.  It may also reduce the likelihood of death, with a mortality rate of 8% for those taking remdesivir versus 11.6% for those in the placebo group. The test included 1,090 patients worldwide.

Typically, […]

Business Interruption Insurance

Business interruption insurance is designed to cover the loss of income normally earned by a business as a result of the forced suspension of operations. Unlike property insurance, which covers physical damage, business interruption insurance protects against lost income while the business is closed, and during the rebuilding period after the closing. 

Given the current coronavirus pandemic, the Governor of the state of PA, along with governors in many states throughout the country, has issued a state-wide mandate requiring all non-essential businesses to close. As a result, businesses are looking to their business interruption insurance to help them survive. 

Most business interruption policies will cover:

Profits that would have been earned, based on prior financial statements

Fixed costs still being incurred despite the closure

Extra expenses to allow the business to continue to operate until a return to more normal circumstances

Employee wages to allow you to retain your employees

Taxes to allow you to remain current on taxes and avoid penalties

Loan payments 

When businesses are allowed to re-open, […]

Paycheck Protection Program – What You Need to Know

The Paycheck Protection Program (PPP) is a federal relief program managed by the Small Business Administration (SBA).  The program is  designed to help small businesses keep their workforce employed during the COVID pandemic.  The financial assistance is structured as a loan, to be forgiven if all employees are kept on the payroll for eight weeks, and the funds are used primarily for payroll. Up to one quarter of the loan can be used toward rent, mortgage interest or utilities within specific parameters. 

The initial $349 billion commitment ran out in roughly two weeks, without meeting the total funding needs of small businesses.  On Tuesday, April 21, the Senate approved an additional $310 billion in PPP funding. The bill is widely expected to be signed into law later this week.  Some of the regulations pertaining to the program can be complicated so you should contact your local lending institution or refer to the SBA website. […]

Where Is My Stimulus Check?

Millions of Americans received their Economic Impact Payment this week through direct deposit into their bank accounts.  In total, 80 million people were estimated to receive their funds from the IRS during the week of April 13.  But millions more have not yet received any money.  If you have not yet received your money, don’t panic!  According to Money magazine, there may be many reasons such as:

You might not be eligible.  Details of eligibility can be found on the IRS Economic Impact Payment Information Center.  But, in general, you must meet the following IRS guidelines:

US citizen, permanent resident or qualifying resident alien.

Cannot be claimed as a dependent on someone else’s tax returns.

Have a valid social security number, or a spouse that is a member of the Armed Forces.

Have an adjusted gross income that meets the requirements. […]

Grocery Workers Request First Responder Designation

Roughly 30 grocery store employees have died as a result of COVID-19 and another 3,000 have been directly impacted by the virus, according to a recent report by the United Food and Commercial Workers International Union (UFCW).

On April 14, Kroger, the country’s largest grocery store chain, and the UFCW, issued a joint statement calling on federal and state governments to designate grocery store employees as  first responders. Doing so will allow priority access to personal protective equipment such as masks and gloves.  

Supermarkets have remained open throughout the pandemic.  Thousands of employees continue to work and many of these people have been working extended over-time hours to compensate for co-workers that have contracted COVID-19 or are taking time off to care for ill family members. Many of these employees are working without any protective gear. 

Industry experts anticipate difficulty continuing to retain and add new employees to staff the ever increasing demand for new jobs.  […]

PA COVID-19 Update

As of April 15, the PA Department of Health reported 26,490 PA residents infected with coronavirus. Of those who tested positive, 51% were aged 50 or older, 40% were aged 25-49, 6% were aged 19-24 and the remainder were under 18. 647 people died from coronavirus or related complications.

The most serious cases remain amongst the older population.  More than half of the total numbers of hospitalizations to date are of people aged 65 or older. Residents of nursing homes account for 13% of the total cases.

Cases have been reported in all 67 counties in PA. The counties of Philadelphia, Montgomery, Delaware, Lehigh, and Luzerne have the greatest number of cases.  All of PA remains under a stay home order through April 30. While freedom of travel remains, […]