A Pennsylvania court on Wednesday ordered Philadelphia Coca-Cola Bottling Co. Inc. to recalculate and restore workers' compensation benefits to a worker in prison after his injury.
Carl Sadler injured his ankle in 2012 while working as a maintenance mechanic at the bottling company, a Philadelphia-based subsidiary of The Coca-Cola Co. where he worked full time for less than 13 weeks and often worked overtime. His injury included a back stretch and amputation of his pinky finger, which resulted in disability calculated from a 40-hour work week according to documents in Carl Sadler v Employment Agency (Philadelphia Coca-Cola), filed in the Commonwealth Court in Pennsylvania in Harrisburg.
In 2015, his employer submitted an application for revocation of benefits. He claimed that his benefits would be suspended because he spent 525 days in prison before his conviction and because he was credited with having earned that time after his conviction on January 22, 2015, he should not be unfairly enriched and his benefits should be adjusted accordingly. , "document states."
Mr. Sadler appealed a work compensation judge and later to the Pennsylvania Workers' Compensation Appeal Board on the grounds that his benefits were miscalculated because the figure did not often include overtime and that the state law stipulates the trial of imprisonment – imprisonment for not being able to afford the bail –
Both ruled to Philadelphia Coca-Cola.
The board claimed that the applicant was "not credible" and the conclusion that Sadler "was hired to work a forty-hour work week with probable overtime during busy season or 100 days in the summer." The judge further determined that Sadler "actually worked on average (40 hours ) during the short time he worked for the employer before his injury, "according to documents.
Citing pays stumps partly as evidence and state law ordered the Commonwealth Court on Wednesday a "remand for a recalculation of (benefits)" and, even quoting the state law, "reversed the (abolition of (Mr. Sadler's work compensation).")
"We finds merit in the creditor's argument, "Wednesday's ruling states. "The credited testimony was that the creditor was expected to work overtime during the summer, which WCJ did not consider in calculating the creditor (average weekly salary). Furthermore, under state law, a prison that occurs before a conviction is due to the inability to meet the guarantee. not a "period during which the worker is imprisoned after a conviction", and such an interpretation would be inconsistent with the basic principles underlying the workers' compensation law and its purpose. "
" I think this is a correct one reading (state law), "says lawyer Richard Jaffe of the law firm Richard A. Jaffe LLC in Philadelphia, who only talks about the work compensation case. "My client couldn't post the bail (and) we don't know what he should have (convicted) if he could have been bail," he said, adding that there was no point in the trial. Mr. Sadler was released.
The company and its lawyer could not immediately be reached for comments.