Friday, October 9, 2009

Jessica L. Rafferty Passes Pennsylvania Bar Examination; Joins Quatrini Rafferty as Associate Attorney

Quatrini Rafferty is pleased to announce that Jessica L. Rafferty has joined the firm as an Associate Attorney after passing the Pennsylvania Bar Examination.

Jessica, who is the oldest daughter of founding partner Dennis B. Rafferty, is a graduate of Bucknell University and the George Mason School of Law.

Congratulations Jessica!

- Quatrini Rafferty -

Tuesday, October 6, 2009

Quatrini Rafferty Donates / Participates In Allegheny County "Backpack Program"

Quatrini Rafferty attorneys were excited to help out with the 2009 "Backpack Program", which is sponsored and run by the Public Service Committee of the Allegheny County Bar Association. This year more than 85 volunteers gathered to stuff backpacks with school supplies for 700 students at Arsental, Martin L. King, and Woolslair Elementary Schools. This year's event marked a record number of backpacks for the project.

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?

A Quatrini Rafferty blog article by Michael V. Quatrini, Esq.

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
The loss can be be as large as payment for the full body part, or, as small as a payment for a portion (half, third, etc) depending on the body part.

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.


- Quatrini Rafferty-

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Thursday, October 1, 2009

Pennsylvania Commonwealth Court Decision on Reasonable Contest

The Pennsylvania Commonwealth Court's recent opinion in Thompson v. WCAB (Cinema Center), No. 621 C.D. 2009 (August 14, 2009) debated the issue of 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.

While the Quatrini Rafferty website has plenty of Frequently Asked Questions for Social Security Disability (SSD) and Supplemental Security Income (SSI), we wanted to highlight the helpful FAQ section hosted by the National Organization of Social Security Claimants' Representatives.

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

The Summer 2009 edition of the Pennsylvania Department of Labor and Industry's publication "News and Notes" posted a helpful article concerning panel physicians for workers' compensation:

Who’s on Your Panel?

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 -
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Monday, September 28, 2009

QR Commentary: The Myth of "Tort Reform"

As the health care debate drags on into the Fall, many of us have heard about the need for "tort reform" to bring down the cost of health care. "Tort reform" critics argue that

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;
Read more: http://www.politico.com/news/stories/0909/27549.html#ixzz0SQIkitYN

- Quatrini Rafferty -

Thursday, September 24, 2009

The Growing Risk of Mortgage Modification Scams

With more people at risk of losing their jobs, and in turn their homes, there is a growing risk that companies will take advantage of those in a tight financial spot.

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

National Public Radio highlighted the Social Security Disability backlog on its daily program, Morning Edition. The piece outlines the steps of the social security process, details the already long wait for a hearing, and how the bad economy is putting even more pressure on the 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 -