Tuesday, October 6, 2009
Quatrini Rafferty Donates / Participates In Allegheny County "Backpack Program"
Quatrini Rafferty donated 700 pencil top erasers to the event and QR attorney Michael V. Quatrini volunteered his time stuffing the backpacks.
Read more about the packing event on the Allegheny County Bar Association website
http://www.acba.org/ACBA/pdf/TLJ/LJv11-19_091109r.pdf
- Quatrini Rafferty -
Monday, October 5, 2009
What are "Specific Loss Benefits" in Workers' Compensation?
If you are injured at work or suffer from an illness related to work, the Pennsylvania Workers’ Compensation Act provides you with rights to get your medical expenses and wage-loss benefits covered until you’re able to return to full time work.
But if you have unfortunately lost the use of certain body parts, specific payments might be available. Body parts covered by the act include:
- thumb
- finger
- hand
- arm
- leg
- foot
- toe
- sight
- hearing
In addition to specific payments for loss of a specific body part, compensation may be available for serious and permanent "disfigurement" (i.e. scarring, burns, skin discoloration and/or bruising, etc.) on the head, face or neck. Any other scarring on the body, despite being caused by a work injury and despite being disfiguring, is sadly not compensable.
Under the Workers' Compensation Act it is up to the Workers' Compensation Judge assigned to your case to personally view the scar, discoloration, etc., to determine whether it is or is not disfiguring. Several of the factors a WCJ should take into consideration are: (1) the texture and color of the employee's skin (2) the manner in which the scar has healed (3) the skill with which the surgeon, in the case of a surgical scar or laceration, has achieved his or her task, and (4) the pre-existing appearance in general, of the injured employee.
If you have additional questions about specific loss benefits, please contact one of the workers' compensation attorneys at Quatrini Rafferty by calling us at 1-888-288-9748 or by writing us an email.
- Quatrini Rafferty -
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Friday, October 2, 2009
Expungement Law Expanded in Pennsylvania
A Quatrini Rafferty newsletter article by criminal defense attorney Brian Patrick Bronson, Esq.
A new provision in Pennsylvania law alters the criteria for expungement of criminal records for summary offenses. Expungement is the process that removes past criminal offenses from your record.
Prior to the passage of this law, an expungement could only be granted under specific circumstances. Expungements were limited to juvenile court convictions and to adult criminal charges that were dismissed by a judge or withdrawn by the Commonwealth.
Now, the law permits people convicted of a summary offense to apply for expungement five years after conviction as long as they were not arrested or prosecuted within that time. Examples of summary offenses are underage drinking, disorderly conduct, harassment, and retail theft. However, the law will no longer allow relief for people that committed certain crimes against victims under the age of 18. Even if a matter is expunged for public purposes, law enforcement agencies retain access to this information.
The new law does not change the fact that convictions for more serious offenses known as misdemeanors and felonies are still not expungable in Pennsylvania. The only available option to expunge these records would be a gubernatorial pardon, which is time consuming and difficult to obtain.
To explore whether you may qualify under this new provision, contact Brian Bronson at 724-552-2755 for an appointment.
pennsylvania criminal defense attorney brian patrick bronson for westmoreland county
Thursday, October 1, 2009
Pennsylvania Commonwealth Court Decision on Reasonable Contest
In Thompson, the injured employee was walking to work when she hit a “lip” in the parking lot where the concrete and asphalt meet and she fell onto her side.
The employer denied the workers' compensation claim, contesting that the employee did not fall on the employer's premises. The employee argued that the employer's contest was unreasonable.
A representative of the employer testified that they own the building but does not own the sidewalk or parking lot. Instead the owner of the entire strip mall owns that property and the employer pays a fee for use and maintenance of “common areas,” which include the sidewalk and parking lot.
The Workers' Compensation Judge found the employee was injured on the employer's premises, but denied the claim for unreasonable contest.
The Workers' Compensation Appeal Board affirmed the decision of the workers' compensation judge.
In concluding that a reasonable contest did exist, the Court remarked that
"the mere fact that the employer leases or even owns a parking lot or garage where the employee was injured is not dispositive of the question of whether a parking area is part of the employer’s 'premises.' Such a determination requires an examination of many other facts, such as the employer’s requirements on parking. Here, the Employer did not own the sidewalk or parking lot but, rather, paid a Landlord a fee for maintenance and the non-exclusive right to use those areas. However, Employer did not mandate where employees should park and the entire parking lot was open for use by members of the public. Although Employer did not prevail, the record shows that there was a genuinely disputed issue as to whether the area where Claimant fell was Employer’s “premises” for purposes of the Act."
Read the entire opinion here.
- Quatrini Rafferty -
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Wednesday, September 30, 2009
Frequently Asked Questions about Social Security Disability from N.O.S.S.C.R.
They can be found here: http://www.nosscr.org/faq.html
Established in 1979, the N.O.S.S.C.R. is an association of over 3,900 attorneys and other advocates who represent Social Security and Supplemental Security Income claimants. Members are committed to providing high quality representation for claimants, to maintaining a system of full and fair adjudication for every claimant, and to advocating for beneficial change in the disability determination and adjudication process.
Quatrini Rafferty attorneys A. Tereasa Rerko, Brian Patrick Bronson and Michael V. Quatrini are all members of N.O.S.S.C.R..
- Quatrini Rafferty -
Tuesday, September 29, 2009
Panel Physicians for Pennsylvania Workers' Compensation
Employers who have established a provider panel for injured workers are reminded that their list should include a variety of specialists appropriate to the types of injuries anticipated. The panel must have a minimum of six health care providers listed, three of which must be physicians. The PA Workers’ Compensation Act requires employers to reimburse injured workers for treatment rendered by a provider of the worker’s choosing where the treatment is necessary and reasonable for the type of injury involved and where no suitable provider (e.g., chiropractor, occupational therapist, physical therapist, etc.)
is included on the provider panel.
The full edition of "News and Notes," which contains updated information for workers' compensation and other L&I topics, is available on the Pennsylvania Department of Labor and Industry's website:
http://www.dli.state.pa.us/landi/lib/landi/bwc/newsletters/2009_summer.pdf
- Quatrini Rafferty -
Pennsylvania Workers' Compensation - Social Security Disability - Pennsylvania Work Injury - Westmoreland County Work injury - Allegheny county work injury - Latrobe Work injury - Indiana Work injury - Blairsville work injury - Johnstown work injury
Monday, September 28, 2009
QR Commentary: The Myth of "Tort Reform"
But, this is hardly a new idea, and, while we support a more efficient health care system with less preventable errors, we strongly discourage the taking of people's civil rights.
The following article from Politico.com sets the facts straight:
- Forty-six states have already done it, and costs have continued to skyrocket;
- The Congressional Budget Office and Government Accountability Office have said tort reform will save practically no money, and they found no evidence of defensive medicine;
- Medical malpractice suits are less than 1 percent of all civil filings — and this has declined 8 percent during the past decade.
- Quatrini Rafferty -
Thursday, September 24, 2009
The Growing Risk of Mortgage Modification Scams
Today's version of Marketplace, a radio program produced for NPR by American Public Media, highlighted the ever growing risk of fraud by mortgage modification companies:
"Dubious mortgage-modification firms like 21st Century Legal Services help homeowners renegotiate their mortgages, but only in exchange for big upfront fees. Steve Henn reports on how these companies rip off desperate homeowners, then disappear."
Listen to the audio version here
Or, read the full transcript of the story here
- Quatrini Rafferty -
Thursday, September 3, 2009
National Public Radio Spotlights the Social Security Backlog
Click on the link below to listen:
http://www.npr.org/templates/player/mediaPlayer.html?action=1&t=1&islist=false&id=112397747&m=112397705
- Quatrini Rafferty -
Sunday, August 9, 2009
Spring / Summer Edition of "Legal Update" Now Available
Click here to read the entire issue or on the links beside the following articles:
Recently, while in Washington, D.C., I either dropped my wallet or someone"borrowed" it from my back pocket. I am fairly cautious about how I safeguard my valuables when I travel, but not this time.
- Help for Medicare Recipients by Margo Russell, paralegal
If you receive Medicare and have low income and few resources, help may be available to you. If you apply for state assistance, the state may pay your Medicare premiums and, in some cases, other Medicare expenses such as deductibles, coinsurance, or premiums and prescription co-payments related to the Medicare prescription drug program (Part D). Only your state can determine if you qualify.
Every so often the Pennsylvania courts issue decisions which result in attorneys rushing to contact their clients with advice. Now is one of those times. We want you to be aware of a change in the law which could result in the loss of your workers' compensation benefits.
A new provision in Pennsylvania law alters the criteria for expungement of criminal records for summary offenses. Expungement is the process that removes past criminal offenses from your record.
A new Right to Know Law in Pennsylvania took effect on January 1, 2009. Although Pennsylvania has had an open records law since the late 1950's, the scope of that law was never clear and it was not applied uniformly throughout the state.
In the Winter 2009 edition of Legal Update, we discussed the Home Improvement Consumer Protection Act, effective July 1, 2009.
Have you noticed more money in your paycheck lately? This increase was the result of the "Making Work Pay Credit." This federal tax credit provides up to $400.00 for individuals and up to $800.00 for married taxpayers filing joint returns for 2009.
If you liked this edition of the QR Newsletter, be sure to check out our website for past issues/articles on similar topics.
- Quatrini Rafferty -