QR Alert: Homeowners Can Be Liable For Slips, Falls On Snow

A helpful article for home and business owners:

"How much time do Pennsylvanians have to clear their sidewalks of snow before someone who slips and falls can hold them responsible?"

Read the entire article: http://www.thepittsburghchannel.com/weather/22083792/detail.html

QR Legislative Alert: UC and Emergency Unemployment Compensation (EUC) Extension Information

We at Quatrini Rafferty have received a lot of questions regarding the extension of the Unemployment Compensation by the federal government. The following guidance was originally posted on the Pennsylvania Department of Labor & Industry website:

On Dec. 19, 2009, the president signed into law new legislation to continue the Emergency Unemployment Compensation (EUC) and Federal Additional Compensation (FAC) programs and delay the phase out of the programs until the end of February, 2010. In addition, this legislation allows High Unemployment Period Extended Benefits (HUP EB) to continue through February, 2010. Generally, this new law will have the following impact on claimants currently filing for benefits.

Individuals who believe they qualify should simply continue filing their biweekly claims. Claimants will be contacted by the Department of Labor & Industry if any additional information is needed.

• Claimants filing for regular Unemployment Compensation (UC) benefits: If you exhaust your regular UC no later than the week ending February 20, 2010, you may be eligible for Tier 1 EUC. If you exhaust your regular UC benefits after February 20, 2010, you may qualify for regular state EB benefits, if PA remains in an EB Period at that time.
  
  
• Claimants filing for Tier 1 EUC benefits: If you exhaust your Tier 1 EUC benefits no later than the week ending February 27, 2010, you may qualify for Tier 2 EUC benefits. If you exhaust your Tier 1 EUC benefits after February 27, 2010, you may qualify for regular state EB benefits if PA remains in an EB Period at that time.
  
  
• Claimants filing for Tier 2 EUC benefits: If you exhaust the original amount of your Tier 2 EUC benefits, 13 or 8 weeks, no later than the week ending February 27, 2010, you may qualify for Tier 3 EUC benefits. If you exhaust the original amount of your Tier 2 benefits after the week ending February 27, 2010, you may qualify to receive your increased Tier 2 EUC benefits (.6 or 1 week), followed by regular state EB benefits, if PA remains in an EB Period at that time.
  
  
• Claimants filing for Tier 3 EUC benefits and increased Tier 2 EUC benefits: If you exhaust your Tier 3 EUC benefits AND your increased Tier 2 EUC benefits (.6 or 1 week) no later than the week ending February 27, 2010, you may qualify for Tier 4 EUC benefits. If you exhaust your Tier 3 and increased Tier 2 EUC after February 27, 2010, no additional EUC benefits will be available. However, you may qualify for regular EB benefits if PA remains in an EB period at that time and you did not previously receive EB.
  
  
• Claimant filing for Tier 4 EUC benefits: If you exhaust your Tier 4 EUC benefits, no additional EUC benefits are available for you. However, you may qualify for regular state EB benefits if PA remains in an EB Period at that time and you did not previously receive EB benefits.
  
  
• Claimants filing for regular EB benefits: If you exhaust your regular EB benefits no later than the week ending February 20, 2010, you may qualify to receive HUP EB benefits if PA remains in a HUP EB period at that time. However, the last week for which HUP EB may be paid is the week ending February 27, 2010. If you have not exhausted HUP EB when that program ends or you exhaust regular EB on or after February 27, 2010, you may qualify for Tier 3 EUC benefits.
  
  
• Claimants filing for HUP EB benefits: The last week for which HUP EB may be paid is the week ending February 27, 2010. If you exhaust your HUP EB benefits no later than the week ending February 27, 2010, or you have not exhausted these benefits when that program ends on February 27, 2010, you may qualify for Tier 3 EUC benefits.

The last payable week of EUC benefits is now the week ending July 31, 2010, and the last payable week of HUP EB benefits is the week ending February 27, 2010.

Important filing information: The requirement to file weekly paper claim forms applies only to regular and HUP EB. If you transition from regular EB or HUP EB to Tier 3 EUC, you will file your EUC claims through the Internet or the telephone claim system, PAT. If you transition from UC to Tier 1 EUC, or from one Tier of EUC to another, you will continue to file claims for benefits through the Internet or PAT.

Additional information regarding these programs and how the phase out of these programs will affect claimants will be added to this Web site as it becomes available.

If you have questions regarding the phase-out of EUC or the end of HUP EB, please call the Pennsylvania UC Service Center at 1-888-313-7284 from 7 a.m. to 8:30 p.m., Monday through Friday, or Sunday from 7 a.m. to 2:30 p.m.

If you would like to discuss your eligibility for Pennsylvania Unemployment Compensation, contact James A. Horchak in our office at 1-888-288-9748 or www.qrlegal.com.


- Quatrini Rafferty -

QR Alert: DUI Holiday Crackdown

The following was in today's Pittsburgh Post Gazette:

"Police nationwide will begin a crackdown on drunken driving Dec. 16, the U.S. Department of Transportation announced today.

A $7.5 million advertising campaign will try to discourage drinking and driving during the holiday season. In Pennsylvania, the Operation Safe Holiday program is in effect this month, with state police and 600 municipal forces participating in an effort to curb drunken driving, speeding and aggressive driving.

The organization Drive Safe Pa. pointed out that a DUI citation costs more than $1,000 plus court costs.

Last year, 11,773 people died nationally in crashes involving a driver whose blood alcohol level was 0.08 or higher. That represented a 9.7 percent decrease compared with 2007.

DUI deaths also declined in Pennsylvania, from 504 in 2007 to 496 last year. Those deaths made up 34 percent of crash fatalities in the state.

The nationwide crackdown continues through Jan. 3."

Read more: http://www.pittsburghpostgazette.com/pg/09341/1019082-100.stm#ixzz0Z1gZZgO7

- Quatrini Rafferty -

Quatrini Rafferty Attorneys Receive High Marks from Martindale Hubbell

Quatrini Rafferty attorneys continue to receive high honors from Martindale-Hubbell, a trusted source in peer-to-peer ratings.

Founding partners Vincent J. Quatrini, Jr., and Dennis B. Rafferty again earned a "Preeminent AV" rating. An "AV" is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.

Martindale-Hubbell also awarded "BV Distinguished" ratings to A. Tereasa Rerko and David S. DeRose. The "BV" certification mark is an excellent rating for a lawyer with some experience. A widely respected mark of achievement, it differentiates a lawyer from his or her competition.

According to the Martindale-Hubbell website, "Lawyer Ratings serve as an objective indicator that a lawyer has the highest ethical standards and professional ability and are used by buyers of legal services to justify their hiring decisions. Combined with the Martindale-Hubbell® Client Review Ratings, self-reported professional credentials and other fact-based performance data, the Peer Review Ratings contribute to the comprehensive view of a lawyer."

Congratulations to Vince, Dennis, Tereasa and David!

- Quatrini Rafferty -

Attorney Joyce Novotny-Prettiman from Quatrini Rafferty in Tribune Review

Sale of Former Jeannette Middle School Site Collapses

By The Tribune-Review
Wednesday, November 18, 2009

A sale of the property where Jeannette Middle School once stood has fallen through.

Jeannette School District has been trying to sell .95 acres at 326 S. Fourth St. A petition for a sale price of $75,000 to Clifford and Christine Smith of Nanty Glo was granted by Westmoreland County Judge Daniel Ackerman on Oct. 28.

But the Smiths, who planned to build a Family Dollar store on the parcel, withdrew their bid.

Joyce Novotny-Prettiman, district solicitor, said the Smiths were not required to give a reason for the withdrawal under the terms of the sales agreement.

"We just got a letter from the attorney saying they were withdrawing from the contract," Novotny-Prettiman said.

The school board voted Monday to release the Smiths from the deal.

Superintendent Sharon Marks said the district will explore other options.

"We were disappointed," Marks said. "Obviously, we wanted to sell the property. It would be a good boost not only for us, but for the city. It just didn't happen. We'll go from there."

- Quatrini Rafferty -

Pennsylvania Legislation Equalizes Treatment for Fallen Heroes

A bill equalizing benefits for first responders was passed by the Pennsylvania Legislature and is on its way to Governor Rendell for signature.

Pennsylvania State Senator Sean Logan, who sponsored the bill, released the following press release detailing the new program:

The State Senate today unanimously concurred in House amendments to state Sen. Sean Logan’s (D-Allegheny/Westmoreland) bill that would ensure that the families of public safety employees killed in the line of duty receive death benefits.

The bill, Senate Bill 369, now awaits the governor’s signature.

“By sending this bill to the governor, we are honoring the memory of police officers and emergency personnel whose lives and deeds exemplified true heroism,” Logan said. “I am proud this bill has made its way through both chambers and hope that Governor Rendell will sign this bill into law quickly.”

The Logan bill will guarantee killed-in-service death benefits to all spouses or minor children of a paid firefighter, law enforcement officer and ambulance service or rescue squad member equal to the amount of the decedent’s monthly salary.

“The overwhelming bipartisan effort on this bill again proves the state’s dedication and gratitude to police officers and other emergency responders,” Logan added. “They can now be assured that if something were to ever happen to them in the line of duty, that their loved ones will be okay.”

Under previous law, pension and workers’ compensation payments provided death benefits that covered a portion of the salaries of troopers, officers, firefighters and emergency personnel in Philadelphia, Pittsburgh and third-class cities that were killed in the line of duty. Under the bill, the state will now pick up the remaining share.

Prior to this bill, boroughs and townships paid the entire cost of benefits for their police. Senate Bill 369 shifts these costs to the state. A Senate actuarial study estimated the annual cost to the state to be $9,000 for each officer killed in the line of duty.

Sen. Jane C. Orie, Majority Whip (R-Allegheny) added, “I was very pleased at the bipartisan effort that moved this essential legislation protecting the families of fallen police officers and other emergency responders through both chambers and onto the Governor.”

Sen. John Rafferty (R-Montgomery) noted, “I am proud to have co-sponsored Sen. Logan’s much-needed legislation. The protections offered by this bill for families should something tragic take place will surely make these brave men and women sleep a little easier at night.”

Sen. Christine Tartaglione (D-Phila.) added, “It is unfathomable that we have not offered these protections to these men and women that put their lives on the line for others day in and day out prior to Sen. Logan’s legislation. All Pennsylvanians are lucky to have such a dedicated public safety force and this gesture shows them that they are appreciated.”

Since 2002, 32 law enforcement officers have been killed in the line of duty. Of these officers, nine were members of the current pension plans providing the killed-in-service benefit. The surviving beneficiaries of the remaining 23 law enforcement officers and an additional 15 firefighters were not eligible for the benefit because these public safety employees were not members of the Act 600 pension plan.

See the text of the legislation here.

To learn more about additional benefits for first responders under the Pennsylvania Heart and Lung Act and Pennsylvania Workers' Compensation Act, contact Quatrini Rafferty at 888-288-9748 or email us.

- Quatrini Rafferty -

COBRA Subsidy Set to End; Effect of Health Care Bill?

In February, the Quatrini Rafferty blog posted several articles on federal subsidies for COBRA premiums.

With the COBRA program entering its eighth month, and with the subsidy set to end at the end of 2009, National Public Radio discusses the success of the program and its future.

Health Insurance Help For Laid-Off Workers May End

by Sarah Varney

If you have ever lost a job and the health benefits that went with it, you have probably heard of COBRA, the program that requires employers to extend your health coverage for a price.

That price, however, is one that all but a fraction of laid-off workers find much too high. The federal stimulus bill has helped some workers by lowering those payments, but that help may soon run out.

Nicole Pelton, who lost her job in March as a marketing manager in Silicon Valley, says she doesn't want to worry about taking her kids to the emergency room and having no way to pay for it. After the shock of being unemployed eased, she says she worried most about keeping her young family insured.

Help From Subsidy

That's where COBRA comes in — or at least it's supposed to.

"That was going to be about little over $1,000 a month. That was probably more than half the unemployment benefits," Pelton says.

Like countless unemployed people before her, Pelton found that the COBRA coverage was out of her reach — she would have to pay the entire premium.

Then, she found out the federal government would cover two-thirds of the cost for nine months, through a new program approved by Congress in February as part of the stimulus bill. She signed up, and now she pays about $350 a month to cover her family. It is still a big expense, but Pelton and her husband have managed to pay the bill.

"The subsidy came at a good time because it was very expensive, the monthly amount we paid," she says.

The subsidy appears to be having the effect Congress and the Obama administration wanted. No one really knows yet how many people have actually signed up for COBRA. One survey of large companies found that the percentage of eligible laid-off workers who continued their employer health insurance doubled from 19 percent to 38 percent after the subsidy kicked in.

But if the government is picking up most of the bill, why isn't the program even more popular?

Still Expensive

Marian Mulkey, a COBRA researcher at the California Health Care Foundation, says the newly unemployed are being asked to pay 35 percent of the cost even though they don't have jobs.

"That's still a large cost you're being asked to maintain month after month, when you're doubtless facing many other economic challenges and balancing your household budget," Mulkey says.

That's not possible for many families. Even with the federal subsidy, a parent earning minimum wage would still need to pay about a third of her monthly income to afford family coverage. Mulkey says that to make the COBRA coverage more affordable, the subsidy needs to be higher.

Rohan Vaidya earns far more than minimum wage. He was laid off from the software giant Oracle in January. His COBRA subsidy expires in November, and his health coverage will go from $140 a month to $400. Vaidya says he will switch to a cheaper plan.

"I'm 28 years old. I'm relatively healthy, so I don't need comprehensive everything — health, dental and vision," he says. "So something basic is what I'll sign up for."

Under current plans, the COBRA subsidy will expire Dec. 31. Congress may consider extending the subsidy early next year, though there are no details yet on how long it might last.

But all this could be moot if Congress passes even a modest health care bill. Unemployed workers and others who are uninsured could be given a choice of more affordable health plans. There would be government subsidies for those who can't afford it, and insurance companies couldn't deny families like Pelton's because of pre-existing conditions.

In effect, the need for COBRA could simply go away.

You can also listen to the program or download the Podcast here

- Quatrini Rafferty -

Pennsylvania Now In Compliance with Federal Guidelines On Mental Heath Treatment

The following article was posted by WDUQ on their website.

The Pennsylvania House has passed a measure that would bring the state into compliance with three federal insurance laws. House Bill 1593 begins with a mandate that insurance plans offered in the state provide benefits for mental health and substance abuse treatments on a scale comparable to treatment limitations applied to medical and surgical benefits covered by the plan. That would bring the state into compliance with the federal Mental Health Parity and Addiction Equity Act.

The bill sponsored by Rep. Robert Matzie of Ambridge also brings the state into compliance with the Genetic Information Nondiscrimination Act. The act prohibits discrimination in premiums or contribution amounts on the basis of genetic information of a covered individual or family member. It also prohibits an insurer from requesting genetic testing from an individual trying to obtain coverage. Finally, HB 1593 forces insurance companies operating in Pennsylvania to offer one year of coverage to a dependent child in college who must take a leave of absence from school for medically necessary reasons. Michelle’s Law requires the coverage. The legislation now goes to the Senate for consideration, but Matzie says there is a similar version in the upper chamber that may be considered first. He says he does not care which bill is ultimately signed into law as long as the changes are made.

If the state does not pass the legislation any complaints from policyholders would have to be filed with the federal government rather than the Pennsylvania Insurance Department. Matzie says complaints filed in Washington take much longer to process and are much more complicated to file.


- Quatrini Rafferty -

David S. DeRose and James A. Horchak Certified in Collaborative Law

Quatrini Rafferty attorneys David S. DeRose and James A. Horchak were recently certified as Collaborative Law professionals by the International Association of Collaborative Professionals.

The International Association of Collaborative Professionals describes the program as "a solution-oriented approach for clients determined to prevent permanent damage to relationships -- even difficult relationships. Characterized by dignity and fairness, Collaborative Practice is especially useful in divorce, child custody, and civil disputes where parties agree to maintain collaborative standards. The effects of divorce on children and the quality of life after divorce are especially relevant in Collaborative Practice."

For more information about how the Collaborative Law process can fit into your situation, call Quatrini Rafferty at 724-837-0080 or email us.

- Quatrini Rafferty -

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 -