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Allegheny, Lycoming County Employers Sentenced for Workers' Compensation Violations
HARRISBURG -- Employers in Allegheny and Lycoming counties have been sentenced for failing to maintain workers’ compensation coverage for employees. The Department of Labor & Industry today said David Scott Ausburn, owner of Homestead Emergency Medical Services of Homestead, Allegheny County, was sentenced to 24 months probation, ordered to pay restitution in the amount of $95,973 to an injured employee, $22,103 to Gregory T. Kunkel, Esquire, $6,718 to the University of Pittsburgh Medical Center Health Plan (UPMC), and reimburse the Bureau of Workers’ Compensation $111 for failing to carry workers’ compensation insurance.
Ausburn pleaded guilty to two, third-degree misdemeanors before Allegheny County Court of Common Pleas Judge Donna Jo McDaniel. Homestead Emergency Medical Services is no longer in business.
In Lycoming County, David F. Barclay, owner of Barclay & Barclay Inc., doing business as Lairdsville Inn, of Lairdsville, Lycoming County, was sentenced to 12 months in the accelerated rehabilitative disposition program for first-time offenders, six months probation, ordered to pay the costs of prosecution, perform 50 hours of community service and pay a $4,900 fine. Barclay & Barclay Inc. is now in compliance with the Workers’ Compensation Act.
According to Pennsylvania’s Workers’ Compensation Act, it is a criminal offense for an employer not to carry workers’ compensation liability insurance. Each day’s violation is classified as a separate offense as either a third-degree misdemeanor, or, if intentional, a third-degree felony.
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