NFL's Tom Brady and Drew Brees Voice Opposition to Workers' Compensation Bill

Tom Brady and Drew Brees are best known for being two of the greatest quarterbacks in the National Football League today. But while they play for opposing organizations, the two superstars have recently teamed up to write a guest column in the San Francisco Chronicle voicing opposition to AB1309, a proposed California bill that would change the workers' compensation rules particular to professional athletes in that state.

The California bill would limit the ability of professional athletes like those in the NFL to file cumulative trauma workers' compensation claims in California if those athletes had not retired from a team based in that state. However, players retiring from teams outside of California would still be permitted to file workers' compensation claims if they spent 80 percent of their career with or played eight or more seasons for a California NFL team. Workers' compensation claims would have to be filed within a year of an athlete's final game or of a doctor diagnosing the condition, whichever is later.

Representatives from several professional sports associations have expressed concern that teams outside of California are cashing in on workers' compensation benefits from that state, raising costs for sports teams as well as all employers in California. An earlier blog post details the bill and related concerns.

In their column, Brady and Brees voice their opposition to the bill, a position echoed by the NFL Players' Association. The quarterbacks acknowledge their considerable salaries but emphasize the severity of NFL injuries and their impact on the affected players. According to Brady and Brees, the bill "unfairly targets professional athletes by attempting to classify them differently than other interstate workers," and "there is no good reason for professional athletes to be singled out." Drew Brees is one of the players that would be ineligible for California workers' compensation under the bill, despite playing five seasons for the San Diego Chargers.

High-profile contention over AB1309 has propelled the bill to the forefront of discussion about workers' compensation law throughout the entire nation. The bill is now awaiting a vote in the California State Assembly.

Jerry Lehocky to be Appointed President of the Pennsylvania Association for Justice

Pond Lehocky Stern Giordano is pleased to announce partner Jerry Lehocky’s appointment as President of the Pennsylvania Association for Justice (PAJ), effective July 1, 2013. Mr. Lehocky is a founding partner of Pond Lehocky Stern Giordano, which has become the area’s leading workers’ compensation and Social Security Disability law firm since its inception in 2010.

On June 29th, Mr. Lehocky will be inducted as President at PAJ’s Annual Retreat in Bedford, PA.

“Being elected President of this esteemed organization is such an honor. It’s especially important to me because it marks the culmination of more than 20 years of my affiliation with this group, including sitting on the board and serving as Chair of the Workers’ Compensation Section for twelve years. Most importantly, however, it provides an even greater platform for me to help injured victims and advocate for workplace justice,” explains Lehocky.

Mr. Lehocky has the distinct honor of serving as the first president of PAJ whose practice is solely dedicated to workers’ compensation law. As president, he will oversee the organization’s mission of upholding the Constitution and promoting efficient enforcement of justice while leading the approximately 3,000 PAJ trial lawyers who have dedicated their lives to representing victims of various acts of negligence. The Pennsylvania Association for Justice dedicates its operation to the protection and enhancement of the United States trial system and to the education of the public about the important role trial lawyers play in the fulfillment of justice.

Mr. Lehocky’s presidency has been recognized in The Legal Intelligencer, The Pennsylvania Law Weekly, and the Philadelphia Business Journal. Mr. Lehocky was honored with a congratulatory citation from State Representative Ed Neilson, read by Senator Mike Stack, at a reception celebrating Mr. Lehocky’s appointment. You can read an interview with Mr. Lehocky in which he discusses his background and the culmination of his 25 year career in our most recent newsletter.

Mr. Lehocky’s own life experiences have impacted his decision to not only advocate for injured workers in the court room, but also on a much larger scale via political action and in the legislative arena as well. He grew up in a middle class, hard-working family in the blue-collar steel mill town of Aliquippa, Pa. His mother worked at JC Penney’s for 30 years, and his father was a plumber who was diagnosed with lupus at a very young age. Because of this, he has experienced firsthand the toll that being disabled can take on a man and his family. He spent a significant amount of time in hospitals with his father who, between the time of his diagnosis and his death at age 65, suffered four heart attacks and had three sets of triple bypass surgery.

“Were it not for the union health benefits and Social Security Disability benefits, we would have been on the street”, says Lehocky.

Mr. Lehocky is partner at Pond Lehocky Stern Giordano. He has been a litigator of workers’ compensation and Social Security since being admitted to practice in 1985. In his career, he has been a member of the Board of Directors of the Philly Volunteers for the Indigent Program and a member of the disciplinary board of the Supreme Court of Pennsylvania. He also co-authored “House Bill 2738,” which is the first positive piece of workers’ compensation legislation to become law in over thirty years.

Mr. Lehocky is consistently recognized by his peers as a leader in the field of workers’ compensation and has been named to the Pennsylvania Super Lawyers® Top 100 in Pennsylvania and Top 100 in Philadelphia lists for 10 years in a row. Also, he was selected by his peers for inclusion in the Best Lawyers in America® in 2012 and 2013. Read more about Jerry Lehocky.

Lack of Sleep Raises Risk of Work Injuries

It’s long been known that poor or insufficient sleep can have negative health effects and contribute to conditions like obesity and diabetes. Now a new study shows that (not surprisingly) lack of sleep is a significant contributing factor to workplace injuries.

According to new research, people with sleep difficulties are at a 60 percent greater risk of being injured at work than those who are well rested. In fact, it’s been estimated that around 13 percent of work injuries are related to sleep deprivation. Notably, studies looking at the connection between lack of sleep and driving-related work injuries were excluded from this research, suggesting that the incidence of work injuries linked to poor sleep could be even higher.

It’s clear that sleep difficulties can lead to a wide range of problems both in and out of the workplace, and regular sufferers of sleep problems should consult their health care provider. If you have any questions about a Pennsylvania workers’ compensation claim, contact our Pennsylvania workers’ compensation attorneys today.

Managing the Threat of Heat-Related Illness at Work

As summer approaches, the rising temperatures are a welcome respite from the bitter cold of the winter months. But for workers exposed to excessively hot conditions on the job, high temperatures can be dangerous, even deadly.

Heat illness affects thousands of workers every year and can result in death for those who are unprepared to cope with the high temperatures. Heat-related illnesses include:

• Heat stroke
• Heat exhaustion
• Heat cramps
• Heat rash

Unsurprisingly, workers most at risk are those continually exposed to hot and humid conditions, especially those performing hard physical labor and/or wearing bulky clothing or equipment. Age, physical conditioning, and a chance to build up tolerance to the heat can all affect heat illness susceptibility as well.

Fortunately, simple preventative steps can greatly reduce the risk of developing a heat-related condition. The Occupational Safety and Health Administration (OSHA) emphasizes the importance of adequate water, rest, and shade when working in extremely hot temperatures. Additionally, OSHA recommends that workers gradually build up to demanding work in hot conditions to allow themselves to become acclimated to the heat. With this common sense approach, occurrences of heat injuries on the job can be drastically reduced.

If you have any questions about heat-related illnesses and workers’ compensation in Pennsylvania, contact our firm today.

Famed Actor Sued for Not Providing Workers' Compensation Insurance

Well-known comedic actor Jim Carrey has made headlines recently not for an upcoming movie, but for a failure to purchase workers’ compensation insurance for employees at his art studio in New York. The workers’ compensation board in that state has fined him $72,000 for a failure to purchase workers’ compensation insurance for all of 2012. Mr. Carrey has denied any wrongdoing and is blaming the issue on a clerical error, but the case will likely go to court if the fine is left unpaid.

As in New York, Pennsylvania workers’ compensation insurance is a mandatory requirement for employers in this state. Workers’ compensation in Pennsylvania is intended to provide an exclusive remedy to employers and employees while ensuring safer workplaces, prompt compensation for injuries and illnesses suffered on the job, and reduced litigation costs to all parties, as stated by the Pennsylvania Department of Labor and Industry. Indeed, the Pennsylvania workers’ compensation system is in place to ensure that all injured workers receive compensation rightly deserved for their work injuries.

Regardless of whether Jim Carrey was at fault, his case brings attention to the overarching importance of workers’ compensation insurance and its critical role in protecting today’s workforce. If you’ve been injured at work and need to collect workers’ compensation benefits, contact our attorneys today. We’ll guide you through the complex workers’ compensation process and help you get the benefits that you deserve for your injury.