Schmidt Kramer Injury Lawyers

Archive for the ‘ Premises Liability ’ Category

May

Pennsylvania Worker’s Compensation Law Sets The Average Weekly Wage

May 17, 2012 – If you have questions about your work related accident and injuries and losses you should probably contact an attorney who specializes in worker’s compensation. However, when exploring your options always remember that a lot of the law in Pennsylvania is based upon statutes and yearly adjustments. One of them is the average weekly wage.

Pursuant to the Pennsylvania Workers’ Compensation Act, Section 105.1, the Department of Labor & Industry has determined that the statewide average weekly wage for injuries occurring on and after Jan. 1, 2012,
shall be $888 per week. For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2012, the increase in the statewide average weekly wage is 3.5 percent. Under the act, workers suffering a work-related injury are entitled to indemnity (wage-loss) benefits equal to two-thirds of their average weekly wage.

However, there are minimum and maximum adjustments provided in the act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum is based on the Department of Labor & Industry’s calculation of the statewide average weekly wage.

For a schedule of current and past weekly rates, and for instructions on how to calculate the weekly
rate, visit www.dli.state.pa.us.

Click on “Workers’ Compensation,” then “Claims Information,” then “Statewide Average Weekly Wage.”

The Pennsylvania Worker’s Compensation attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a work related accident anywhere in the Commonwealth. Contact Tom Cook or Melissa Leininger if you still have questions or need a worker’s compensation lawyer.
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

May

Schmidt Kramer’s Scott Cooper Comments On Penn State Hazing Scandal

May 10, 2012 – Below is Annie McCormick’s May 9, 2012 report from CBS affiliate WHP TV-21 in Harrisburg, Pennsylvania updating the Penn State hazing scandal. Schmidt Kramer Injury Lawyer Scott Cooper commented on the ongoing investigation. For more go to the WHP TV-21 website at the link which follow the article.

Three students did not walk at graduation in wake of PSU hazing scandal. One employee has resigned and several students are not allowed to graduate following a story you saw first on CBS 21 News.

Freshman Asya Trowell spoke first to CBS 21 about the abuse she endured while pledging for a “little sister program” affiliated with a fraternity off-campus.

Last week we showed you the written account from that night from multiple witnesses. The four people accused all denied it and one included a staff member.

After we aired Asya Trowell’s story of alleged physical abuse while pledging an auxiliary group to PSU fraternity Omega Psi Phi it caught attention.

One of the four accused is Claude Mayo, a graduate assistant employed by the University. We’ve now learned amid the investigation he has resigned and the other three are students that did not walk at graduation.

“It confirms the employees knew about it and this could not have been the first time and she wants them to investigate further,” stated Trowell’s Attorney, Scott Cooper. Cooper wants to make sure in light of allegations of a cover up in the Sandusky case the same didn’t happen to Asya.

“What we’ve been saying since you broke the story is what the school should have been doing which is being proactive, not reactive,” Cooper commented.

PSU says they continue to investigate since Asya filed her complaint on April 9th and Wednesday released the following statement:

“Criminal charges have not yet been filed, though those may be forthcoming. The same is true for campus judicial charges. Those accused students who planned to graduate last weekend were prevented from doing so pending the outcome of these inquiries. One employee in Residence Life who has been accused in the matter was immediately placed on administrative leave and has since resigned. A graduate assistant who was overseeing a program within the College of Science and who also has been accused of misconduct has resigned as well”

The second person mentioned in the press release is not linked to Asya’s case, rather another hazing allegation against the same group.

http://www.whptv.com/news/local/story/Three-students-did-not-walk-at-graduation-in-wake/iVX6VAHrmkurZo0TnHfoxg.cspx

The Pennsylvania attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured anywhere in the Commonwealth, especially if you or a loved one have been seriously injured due to the intentional, negligence or recklessness of another person, company or organization.

May

Penn State Hazing Allegations May Involve Former School Employees

May 9, 2012 – The Centre Daily News is continuing to report on hazing allegations at Penn State. Below is a copy of Matt Carroll’s article in today’s paper. It appears that at least one school employee may have been involved.

A Penn State employee resigned and students were held from spring graduation in the wake of investigations into alleged hazing on campus.

Aaron Holloman stepped down from his position as resident life coordinator of Pennypacker Hall effective Monday, said university spokeswoman Lisa Powers.

According to a university police report, officers found 10 men in Holloman’s Pennypacker Hall room during spring break, engaged in what police suspect was hazing activity.

Police said Holloman left his room unlocked during spring break. A student, Claude Mayo, allowed the individuals to access the room.

Mayo, a graduate assistant at Pennypacker Hall, resigned from that position effective May 2, Powers said.

According to the university’s website, the Pennypacker Experience is a scholarly and diverse living and learning community. “Its main goal is to create a supportive environment for first-year students,” the website said.

Mayo and Holloman, who were both on the hall’s advisory board, were named in a police report into alleged hazing on campus.

No charges have been filed, but several students were prevented from graduating as investigations continue, university officials said.

In a report, Penn State police said Mayo was seen allowing unauthorized individuals into Holloman’s room. Officers responded and heard “slapping sounds” coming from the room.

“Upon entry into the room, several paddles were found in a bag,” police wrote in a report. “The paddles had been hidden in an attempt that police officers would not locate them.”

The information is outlined in a police report made in early April after freshman Asya Trowell came forward and claimed she was badly injured in a separate hazing incident.

Trowell said she was punched and slapped to the point where she had two black eyes and was bleeding from the nose, according to her attorney, Scott Cooper, and the account she gave to university police.

She told police she was assaulted while pledging for Omega Essence, a “little sisters” group with the fraternity Omega Psi Phi.

In the report, police said Trowell claimed Mayo is a brother in the fraternity.

Mayo served as the program assistant coordinator for the Pennypacker Experience, according to its website.

The website said program assistants are students from various majors who serve as mentors to provide first-year students in Pennypacker Hall with “guidance, mentorship and a shoulder to lean on.”

“They know what you are facing as a first-year student and are here to help — but you have to ask,” the website said.

Holloman served as resident assistant coordinator. Resident assistants are responsible for enforcing the rules of the residence hall, according to the website.

Many Pennypacker Hall residents are in the first-year science and engineering house program, are undergraduate fellows, athletes or participants in the Schreyer Honors College. Many are first-year students.

Neither Mayo nor Holloman could be reached for comment Tuesday.

Penn State Police Chief Tyrone Parham said no charges had been filed in either case. He said investigations will continue.

University police also are investigating a third alleged hazing incident. On April 4, a female student reported she was harassed and exposed to hazing by members of a sorority between January and February.

Parham said the student, whom he did not identify, reported she was subjected to mostly verbal abuse, but also to physical hazing activity.

Powers said some students accused of hazing were prevented from graduating pending the outcome of the investigations. She did not say how many students’ graduations are being delayed.

“The accusations are serious, and there are serious implications attached if students are found guilty,” she said.

Trowell, who was also a resident of Pennypacker Hall, according to police reports, is in the process of transferring from Penn State, Cooper said Tuesday.

Cooper said Trowell, who returned home to Maryland, is still having health issues, and is experiencing problems related to her injuries.

He said the university has been helpful since Trowell came forward with her accusations, helping her get back her belongings, transfer to a new school and finish up her finals.

“She’s pleased with that,” he said.

For more go to the Centre Daily News at:

http://www.centredaily.com/2012/05/08/3190171/two-step-down-after-penn-state.html

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

May

Maryland Resident Identified As Victim In Two Car Crash On Route 15

May 7, 2012 – The Carlisle Sentinel is reporting that police in Gettysburg, Pennsylvania have identified the victim of a May 6, 2012 fatal crash on Route 15 as Michel Renman of Maryland. Police said Renman was driving a 1996 Honda Accord south on Route 15 when she lost control for unknown reasons, crossed the median and entered the northbound lane of Route 15, striking a 2005 Lexis ES330 in the passenger-side rear and front doors at 2:35 p.m. Renman was pronounced dead at the scene.

Alan Butterbaugh of York County was the driver of the second vehicle and police said he suffered minor injuries. Adam Butterbaugh of Cumberland County was a passenger in that second car and he was transported by ambulance. Lynn Butterbaugh of York County was also a passenger in the second car and was transported by Life Lion.

For more on the crash go to the Carlisle Sentinel website at the following link:

http://cumberlink.com/news/local/crime-and-courts/victim-identified-in-fatal-two-car-crash-on-route-sunday/article_f741a74a-97dc-11e1-a97d-001a4bcf887a.html#ixzz1uBHFvcxj

A Pennsylvania Car Accident that results in injuries can occur when you least expect it. That is why the Pennsylvania Injury Lawyers with Schmidt Kramer Injury Lawyers suggest calling the authorities and an attorney if another driver causes a crash and you sustain inuries as a result.

May

Schmidt Kramer Attorney Urges Tough Charges In Sorority Hazing

May 2, 2012 – The attorney for a Penn State student who said she was badly hurt in a sorority hazing incident said he wants to see serious charges filed against those involved. Freshman Asya Trowell was punched and slapped to the point where she had two black eyes and was bleeding from the nose in early April, according to her attorney, Scott Cooper, and the account she gave to university police.                                                                                                                                   Trowell left Penn State and returned to her home in Maryland. Cooper said she doesn’t plan to return to Penn State.
He said that while the university is helping Trowell make the transition, there are concerns about what types of charges may be brought against Trowell’s alleged attackers. Cooper said if those involved are only charged with misdemeanors and they plead the charges down to harassment, it would be the equivalent of a parking ticket. Instead, he’d like to see the Centre County District Attorney’s Office look into the matter.
District Attorney Stacy Parks Miller said she is aware of the case and the investigation being conducted by Penn State police. “Once the investigation is completed, we plan to expediently file the appropriate charges that are supported by the facts and the law, as we do in every case,” Parks Miller said. “As far as criticisms by anyone, since no one outside of law enforcement is privy to the many witness statements, the contents of the case file and the other evidence in this matter, it would be fruitless to respond to anyone’s theory about how we might or should handle this case,” Parks Miller said.
Penn State Police Chief Tyrone Parham said the incident was reported to his office April 9 and an investigation launched. “It’s still under police investigation so no charges have been filed at this point,” Parham said in an email. “Late last week, we sent preliminary allegation of student misconduct reports to the Office of Student Conduct.”

According to that Penn State police allegation of student conduct report, Trowell told police that while pledging for Omega Essence, a “little sisters” group with the fraternity Omega Psi Phi, she was kicked in the face and side of the head by another student to the point where she was bleeding from the nose and side of her head. Eventually, she was “seeing stars” and felt like she would pass out. The allegations outlined in the report took place primarily between April 3 and 4.   Police interviewed Trow-ell’s roommates as well, who reportedly told police that Trowell had a black eye and appeared to have been beaten. The student Trowell said beat her denies the allegations, according to the report.
University spokeswoman Lisa Powers confirmed an investigation is ongoing and individuals are being interviewed in the case. Powers said Penn State could hold off on graduation for accused students until the university works through its judicial process. “We take accusations of this type very seriously, and we need to go through due process to determine exactly what may have happened and how to address it,” she said. “If Penn State students are found to be involved in this activity, whether they are with a recognized student group or not, sanctions will be imposed.”
Powers said the Omega Psi Phi Graduate Chapter that is being investigated is not a recognized student group at Penn State.   Some of its members are graduate students, but others do not attend the university, she said. The Omega Essence, where the alleged hazing occurred, is a “little sister” group of the unrecognized fraternity. Powers said the national chapter of the fraternity has prohibited those organizations, also called auxiliary groups. She said Omega Essence was functioning independently of both the university and the national chapter of Omega Psi Phi.

For more on the story read the Centre Daily News at:

http://www.centredaily.com/2012/05/02/3182430/attorney-urges-tough-charges.html

The Pennsylvania attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in Harrisburg, Central Pennsylvania and around the Commonwealth, especially if you or a loved one have been seriously injured due to the intentional, negligence or recklessness of another person, company or organization.

Apr

Harrisburg Patriot News Reports Penn State Police Investigate Hazing Incident

April 27, 2012 – The Harrisburg Patriot News Pennlive.com is reporting that Penn State University police are investigating an assault against a freshman woman that, according to the victim, occurred as part of a purported initiation rite into an informal social group at main campus.

Asya Trowell, 18, of Owings Mills, Md., said she was beat repeatedly over parts of two nights April 2 and 3 by two other female students as she sought to affiliate with “Omega Essence,” a female auxiliary to the all-male Omega Psi Phi fraternity.

Trowell, who first told her story to WHP-TV, said she decided to retain Harrisburg attorney Scott Cooper and go public about the assault because, in the wake of the Jerry Sandusky child sex abuse scandal, she wants to make sure it is not ignored by school officials.

Trowell said that on the nights of April 2 and 3, as she was preparing to join the small group, she was whipped with a wet washcloth, punched, slapped and kicked repeatedly for any transgression as a “pledge.”

Trowell, who went home to Maryland in distress the day after the alleged assaults, wound up being referred to a hospital there for treatment of cuts, bruises and a possible concussion. She reported the incident to police April 9.

A university spokesman confirmed the case is under investigation, and that criminal charges and other university sanctions will be levied if appropriate. Spokesman Annemarie Mountz also noted that Omega Psi Phi, while a nationally-recognized African-American fraternity, is not officialy chartered at Penn State. The fraternity, however, does list a State College chapter.

Trowell said she plans to withdraw from Penn State.

For more on Charles Thompson’s article go to the Patriot News link at:

http://www.pennlive.com/midstate/index.ssf/2012/04/penn_state_police_investigate.html

Apr

Group At Penn State Accused Of Hazing

April 27, 2012 – The Pittsburgh Post Gazette is reporting in an article by Molly Born that a Penn State student is pressing charges against a fraternity and the individuals of its purported “little sister” group she claims beat her up in a hazing exercise.

Asya Trowell, 18, of Owings Mills, Md., said members of Omega Essence, an auxiliary group supposedly affiliated with Omega Psi Phi fraternity, poured hot sauce on her face and repeatedly slapped and kicked her in the stomach, among other things, over the period of several hours.

The incident took place April 3, Ms. Trowell’s second pledge day. Two Omega Essence members, ordered by a member of the fraternity, hit her and two other “little sister” hopefuls in the basement of a townhouse off campus and outside, Ms. Trowell said.

“And it was like the torture began,” she said, adding later, “It got to a point where my face was looking so bad, the male dean told the two others they couldn’t hit [me] in the face anymore.”

At one point, Ms. Trowell said her nose was bleeding and one Omega Essence member demanded she wipe the blood off on the shirt of another aspiring “little sister.”

Ms. Trowell said those two were also beaten up, although she believes they proceeded with the activities to earn membership in the group.

Penn State spokeswoman Lisa Powers said the group under investigation, Omega Psi Phi Graduate Chapter, is based in State College but is not a recognized group on campus. An undergraduate chapter of the fraternity has not been recognized or functioning for a year, she said.

Ms. Trowell said she understood the fraternity was part of the National Pan-Hellenic Council, a group of historically African-American fraternities and sororities also known as the “Divine Nine.” Penn State’s website lists eight members in that council, and Omega Psi Phi is not among them.

Back in her hometown, doctors told Ms. Trowell she had severe internal bruising and needed bed rest, she said. She said she reported the incident to university police April 9, and the university confirms it received a police report that day.

The investigation continues and individuals are being interviewed, Ms. Powers said.

Ms. Trowell’s lawyer, Scott Cooper of the Harrisburg firm Schmidt Kramer Injury Lawyers, said Ms. Trowell is worried the accused students, who are seniors, will graduate quietly before the university takes action.

“It is possible that if the allegations are accurate and warrant severe sanctions, then we may hold off the graduation of any accused student who was on the graduation list until we work through our judicial process,” Ms. Powers said.

Ms. Trowell does not plan to return to the university and is in counseling to cope with the ordeal.

“It’s taken more of a mental toll on me,” she said. “I’ve lost everything. Penn State was my dream school.”

Molly Born: mborn@post-gazette.com or 412-263-1944.

To read more on the article click on the link to the item in the Pittsburgh Post Gazette at:

http://www.post-gazette.com/stories/local/state/group-at-penn-state-accused-of-hazing-633347/

Mar

Pennsylvania Worker Sues For $41 Million After Worksite Injury

March 1, 2012

A Pennsylvania man is suing his former employer and the owner of the facility where he was working for $41 million after he says he suffered permanent injuries at the worksite. According to reports from The Business Review, the accident happened in October 2011 at a computer-chip plant that was under construction in Malta, New York.

The worker claims that he fell through the floor after removing a section of tile and suffered “permanent and severe personal injuries” as a result, though the lawsuit doesn’t specify what those injuries are. The lawsuit claims that both companies failed to maintain a safe work environment by failing to supply the worker with proper safety equipment, as well as barricades and cones warning of the fall danger nearby.

Included in the $41 million the lawsuit is seeking is a $1 million award to the worker’s wife because she says the incident has left her “deprived of the services, society, and companionship of her husband.”

According to the Bureau of Labor Statistics (BLS), construction workers are among the most at risk workers in the United States when it comes to injuries and deaths while on the job.

The Pennsylvania Workers’ Compensation Attorneys with Schmidt Kramer Injury Lawyers know that employers have a responsibility to keep workers safe on the job. The firm is here to help when an accident does occur and you need help getting the compensation you need for your injuries.

Feb

Attention – Pennsylvania Workers’ Compensation Proposal!!!

The Pennsylvania Chamber of Commerce is aggressively lobbying the Pennsylvania legislature for legislation to severely limit your rights under the Pennsylvania Workers’ Compensation Act. The Chamber is proposing legislation, which will soon be introduced, that will substantially impair the rights of injured workers and will interfere with the injured worker doctor-patient relationship.

Some examples of this proposed legislation include:

1. Mandatory drug testing at set intervals when Schedule II narcotics are prescribed.

2. Allow employers to specify the use of one or more prescription benefit managers to provide all of your prescription drugs.

3. Prohibit physician offices from dispensing more than first fill of any drug. This means you do not get to choose where your prescriptions are being filled. This allows the insurance company to have more control over your prescription medications.

4. Allow an independent doctor to decide if your medical treatment is related to your work injury instead of allowing a Judge to hear the testimony and consider all of the evidence.

5. Extend the required time you have to treat with a panel physician instead of your own physician from 90 days to 180 days. This means that you do not get to treat with a doctor you choose until 180 days after your accident.

Contact your local legislator and ask that he/she oppose the Pennsylvania Chamber’s proposal to overhaul the Workers’ Compensation Act!

If you have any questions, contact the Schmidt Kramer Workers’ Compensation attorneys Tom Cook and Melissa Leininger today.

Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Feb

Free Showing Of “Hot Coffee” Movie At Central Pennsylvania Law School In Harrisburg – Sponsored By Schmidt Kramer

(2/24/2012) – The Student Bar Association of Widener University’s School of Law Harrisburg Campus is holding a free showing of the film Hot Coffee next week. For the full details, see below.

What other places have you seen or shown the movie?

Wednesday, February 29, 2012.5:00pm until 8:00pm.. A180/Administration Building Reception Room

The second annual Student Bar Association (SBA) film series event is taking place on February 29th with the screening of the award-winning HBO documentary, “Hot Coffee,” in conjunction with the local Harrisburg law firm of Schmidt Kramer PC. The film generally focuses on the implications of tort reform and the misconceptions of the “infamous” McDonald’s hot coffee case. Following the film, we will be hosting a live chat with the director, attorney Susan Saladoff.

The event will start at 5:15 p.m. with a reception in honor of Scott Cooper, a Widener alumnus and the new President-elect of Pennsylvania Association for Justice. This should prove to be a great networking event as many attorneys from the association, and the Dauphin County bar will be present. FREE FOOD will be available (including scallops in bacon and crabcakes).

The film is set to begin at 6:15 p.m. and the live chat at approximately 8:00 p.m.

A brief synopsis of the film is as follows:

Seinfeld mocked it. Letterman put it on one of his Top Ten lists. More than 15 years later, the McDonald’s coffee case continues to be cited as a prime example of how citizens use “frivolous” lawsuits to take unfair advantage of America’s legal system. But is that an accurate portrayal of the facts? First-time filmmaker & former public interest lawyer Susan Saladoff uses the infamous legal battle that began with a spilled cup of coffee to investigate what’s behind America’s zeal for tort reform. By following four people whose lives were devastated by the attacks on our courts, this thought-provoking documentary challenges the assumptions Americans hold about “jackpot justice.

A brief synopsis of Ms. Saladoff’s resume is as follows:

SUSAN SALADOFF (Producer, Director) spent twenty-five years practicing law in the civil justice system, representing injured victims of individual and corporate negligence. She stopped practicing law in 2009 to make the documentary, HOT COFFEE, her first feature-length film. She began her career as a public interest lawyer with the law firm of Trial Lawyers for Public Justice, now known as Public Justice, an organization that, for the last 25 years, has been at the forefront of keeping America’s courthouse doors open to all. Susan was recognized by her peers as an Oregon Super Lawyer for five consecutive years from 2006 to 2010. She is a graduate of Cornell University and George Washington University Law School, and has frequently lectured at the state and national levels on the importance of the civil justice system.

View the trailer at:

http://www.youtube.com/watch?v=bBKRjxeQnT4

See everyone there!

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