Five PA Employers Sentenced for Workers' Compensation Violations

Aug. 27, 2004
Five Pennsylvania employers were sentenced in the first six months of 2004 for failing to maintain workers' compensation liability insurance on their employees.

Section 305 of the Pennsylvania Workers' Compensation Act specifies that an employer's failure to insure its workers' compensation liability is a criminal offense and classifies each day's violation as a separate offense, either a third-degree misdemeanor, or, if intentional, a third-degree felony.

John Hess, owner of J & S Enterprises in Bethel, was sentenced in the Berks County Court of Common Pleas for one misdemeanor count of the third degree. Judge Scott D. Keller placed Hess on probation for 1 year, ordered him to pay court costs and a fine of $100 together with restitution in the sum of $12,824 and be subject to such conditions governing probation, including a plan for the payment of costs, fines and restitution. J & S Enterprises is no longer in business.

Jeffrey H. Rose, owner of R&R Mining Inc. in Somerset, was sentenced June 10, in the Cambria County Court of Common Pleas by Judge Gerard Long, who placed Rose on 60 months probation. Rose was also entered into the county's accelerated rehabilitative disposition (ARD) program for first-time offenders and ordered to pay all court costs and restitution of $165,449 to two injured employees. According to Bureau of Workers' Compensation records, the company is no longer operating with employees.

Gordon Beck, owner of Beck Brothers in Weedville, entered into Elk County's ARD program for first-time offenders in the Elk County Court of Common Pleas. Judge Richard A. Masson placed Beck on probation for 18 months and ordered him to pay the costs of prosecution in the amount of $215 and a $400 administrative fee. Beck was also ordered to pay restitution of $4,610 to the injured employee. Beck Brothers is now doing business as The Hill Co. and is in compliance with the Pennsylvania Workers' Compensation Act.

Rose M. Moon, owner of Garden View Associates in Williamsport, entered into the ARD program in the Lycoming County Court of Common Pleas. Judge Nancy L. Butts placed Moon on probation for 1 year and ordered her to pay the costs of prosecution; a $125 administrative fee; a $200 district attorney reimbursement fee; and costs of supervision. Moon was also ordered to perform 50 hours of community service; make restitution to the injured employee in the amount of $49,878 and restitution to the Department of Public Welfare in the amount of $6,380. Garden View Associates is no longer operating with employees.

Alan John Guthrie, owner of Guthrie Construction in Greenville, was sentenced in the Mercer County Court of Common Pleas. Judge Francis J. Fornelli placed Guthrie on probation for 1 year and ordered him to pay costs of prosecution; a fine in the amount of $1,500; $101 in restitution to the Department of Labor & Industry; and perform 50 hours of community service. Guthrie Construction is no longer operating with employees.

About the Author

Sandy Smith

Sandy Smith is the former content director of EHS Today, and is currently the EHSQ content & community lead at Intelex Technologies Inc. She has written about occupational safety and health and environmental issues since 1990.

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