According to Pennsylvania Labor and Industry Secretary Johnny J. Butler, Section 305 of the act specifics that an employer's failure to ensure the workers' compensation liability of their business is a criminal offense, and each day's violation is considered a separate offense. If the violation was intentional, it is a third-degree felony. If it was not intentional, then it is a third-degree misdemeanor.
Choe Hwan Young, owner of Choe Young Auto in Wexford, was sentenced in Allegheny County Court of Common Pleas, pleading guilty to 431 third-degree felony counts. Judge David R. Cashman placed Young on 15 years' probation, ordered him to pay the costs of prosecution and a monthly administrative fee, and ordered restitution of $88,481.46 for injuries sustained by his employee.
Paul M. Kurtz, owner of P&L Kurtz Inc. in Denver, was sentenced in the Lancaster County Court of Common Pleas. He was placed on two years' probation, ordered to pay fines of $2,817.41 and perform 50 hours of community service. He was placed in the county's Accelerated Rehabilitative Disposition Program for first-time offenders.
John Passalis, owner of Stavros K. Pizza Inc., Philadelphia, was sentenced in the Philadelphia County Court of Common Pleas after pleading guilty to 35 third-degree felony counts. Judge Joan A. Brown placed Passalis on seven years' probation and ordered restitution of $35,000 for injuries sustained by his employee. Stavros K. Pizza currently is in compliance with the Pennsylvania Workers' Compensation Act.
