Shippensburg foundry hammered by OSHA

A Shippensburg, PA foundry has been hammered by OSHA for repeated safety offenses at the Shippensburg location of Domestic Castings.  The type of safety violations the story identifies are the type that can cause injuries at work.  

According to OSHA, the repeat violations, carrying a $90,860 penalty, included open-sided floors and platforms that were not guarded with standard railings and other safety features; permanent, durable identification was not affixed to alloy steel slings; pulleys were not properly guarded; sprocket wheels and chains were not enclosed; electrical hazards; and pull and junction boxes and fittings were not provided with approved covers.


These violations are similar to violations that OSHA cited Domestic Castings for in 2011 and 2013.  

OSHA may potentially be fining Domestic Castings in excess of $150,000 for these repeated violations.   

Applying for Social Security Disability

Often in my practice, I have people call into our office to see if we can help with their social security disability application and help win them benefits.  I often also represent my client sin workers’ compensation for social security disability as well.

There are three ways to apply for social security disability benefits.

1.  You can visit your local social security office in Carlisle, Chambersburg, Harrisburg, or York for our areas of service.

2.  You can contact the Social Security Administration by phone at 1-800-772-1213.

OR

3.  You can apply directly online at http://www.ssa.gov/pgm/disability.htm

Typically, after you file an application for disability benefits, it will take 90 to 120 days before you get an initial decision regarding your application.  The going rate right now is about 70% of all applications are denied at the initial level.  Denials do not necessarily mean that you can’t win disability benefits.  In fact, many applications are denied not based upon your actual physical condition, but because Social Security did not have enough medical evidence to award benefits.

Once you receive your denial letter, it is critical that you contact Mooney & Associates right away.  We do not charge a consultation fee.  We will sit down and go over your application details and provide you an honest assessment of your chances of winning benefits.  It is critical to contact us right away.  The denial process is deadline sensitive.  To file an appeal for a hearing before a Social Security ALJ, you have 60 days from the date of your denial letter to file an appeal.  If you miss that deadline, then you must start the process all over again.

If you get denied benefits, contact us immediately.  After we sit down and talk with you, get an assessment of your medical situation,  if we believe your application has merit, we will file the appeal on your behalf.  Contact us immediately if you have been denied social security benefits.  You can reach us at 1-877-632-4656 or email us at info@mooney4law.com.

Our firm represents clients in the following areas of Pennsylvania:   Adams County (including areas around Gettysburg) Cumberland County (including all areas around Carlisle, Newville, Mount Holly, Camp Hill), Dauphin County (including Harrisburg), Franklin County (including Chambersburg and surrounding areas such as Fayetteville, Greencastle, Waynesboro), Fulton County (including McConnellsburg) Lancaster County (including Lancaster), and York County (including areas surrounding Hanover and York).

York County Court shoots down Facebook Discovery Request

York County Court of Common Pleas recently issued an opinion denying a Defendant’s discovery request to obtain Facebook information from a Plaintiff, in which the Plaintiff opted that information to be private, under Facebook’s privacy settings.

In this case, the Defendant filed a Motion to Compel Discovery on the Plaintiff to obtain information on Plaintiff’s Facebook that was set as private.  Defendant was seeking information regarding Plaintiff’s diagnosis as the result of a personal injury litigation matter.  Specifically, the Defendant was seeking access to over 650 photos of the Claimant that would go to contradict the Claimant’s contention of “loss of life’s pleasures” and ‘loss of sense of well being”.

This Motion to Compel Discovery of private Facebook information was an issue of first impression before the York County Court of Common Pleas.  The Court heavily analyzed a previous ruling made by Judge Wettick in  Trail v. Lesko, 2012 WL 28640004 (2012).

However, the Court chose to shape it’s own rule.  The Court said;

Where discovery has been served requesting private information contained in an account held by a party on a social media platform that the party specifically elected to make private . . . an objection lodged by the party to the discovery will be sustained unless the party serving the discovery makes a threshold showing that otherwise available information leads to a reasonable probability that relevant information is contained within the private portion of the account.  Hunter v. PRRC, Inc t/d/b/a PRICE-RITE No. 2010-SU-3400-7 (2010)

The standard handed down by the President Judge Stephen P. Limbaugh is pretty restrictive, requiring a very specific rather than a broad showing for the need of such evidence that is private.  President Judge Limbaugh rejected hypothetical showings.

The hypothetical possibility that relevant or discoverable information may exist in an account held privately is not sufficient  to meet this showing.  Actual facts must be shown . . . ”  Id.

If the party that filed the motion can sustain the threshold showing burden, then the burden shifts to the objecting party.

However if the opposing party can establish that discovery would cause unreasonable annoyance, embarrassment, oppression, burden or expense, and therefore be prohibited by Rule 4011 or require limitation pursuant to Rule 4012, then discovery will not be permitted or will be limited.”

The Court did identify that if a person chose to make the information private AFTER receiving the discovery request, that material may very well be discoverable.