Suit Filed Against Gov. Wolf on Behalf of Phoenixville Man

A February executive order issued by Governor Tom Wolf is under fire by a non-profit legal reform organization that filed a lawsuit in Commonwealth Court on behalf of a Phoenixville quadriplegic and his home-care provider.

According to Watchdog.org, the complaint filed by David Smith, a 59-year-old Phoenixville man, and his home care provider Don Lambrecht, says Wolf overstepped his authority when he issued an order on February 27 that allows home health care providers to select a direct care worker representative to meet with state officials and discuss aspects of the industry, including quality of care and standards for compensation.

The Fairness Institute, which filed the brief on behalf of Smith and Lambrecht, says the order is a back door attempt by the governor to unionize home health care workers as payback to the Service Employees International Union, one of Wolf’s biggest campaign contributors during the election, according to TribLive.com.

“Governor Wolf’s illegal executive order would radically alter Dave and Don’s working relationship, needlessly forcing Don to collectively bargain against Dave, his legal employer,” said David Osborne, attorney for the Fairness Center, in a statement. “In fact, many home care workers care for and are employed by their own elderly parents or disabled children. Perversely, Wolf’s order would force them to collectively bargain against their own family members.”

Smith, 59, suffers from muscular dystrophy and has relied on Lambrecht for his daily needs for the past 25 years, according to the complaint. Watchdog.org says that Smith had to fire a home health care worker before hiring Lambrecht, but Wolf’s executive order would make it more difficult for Smith to control his health care needs in the future. Lambrecht also claims that the order will allow his name to become available to third parties interested in representing him in discussions with the state.

The complaint asks for a preliminary injunction of the order and a full reversal upon review.