Monday, December 30, 2013

Average Weekly Wage for 2014 Pennsylvania Workers' Compensation

The 2014 Statewide Average Weekly Wage Workers’ Compensation Rate Schedule has been approved as follows by the Secretary of Labor and Industry:

Based upon the Statewide Average Weekly Wage, as determined by the Department of Labor and Industry for the fiscal year ending June 30, 2013, the maximum compensation payable under the Workers' Compensation Act, under Article 1, subsections 105.1 and 105.2, shall be $932.00 per week for injuries occurring on and after January 1, 2014. For purposes of calculating the update to payments for medical treatment rendered on and after January 1, 2014, the percentage increase in the Statewide Average Weekly Wage is 1.6%.


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Wednesday, November 27, 2013

New PA Supreme Court Decision: Phoenixville Hospital

by Pete Gough, Esq.

Phoenixville Hospital v. WCAB (Shoap)

The Labor Market Survey process is routinely used by workers' compensation insurance companies to try and reduce an injured worker's weekly benefit.  

The workers' compensation insurance company hires a vocational expert to interview the injured worker to assess their education and job history.  From there, the vocational expert comes up with hypothetical "jobs" that the injured worker might be qualified in the area.  These include everything from a gas station attendant to a clerk at a Verizon store.    

Following the job match, the workers' compensation insurance company then files a petition with a workers' compensation judge to reduce the injured worker's benefit based on jobs that are "available" in the local area. 

Our office routinely litigates these types of cases, arguing that the "available" jobs don't really exist, are not really open and availabe, or, that the injured worker is unable to actually perform the designated occupation.          

We feel the Phoenixville case provides more support for our arguments and, more importantly, puts the power back into the hands of the Workers' Compensation Judge to actually decide the case.

Holding 1:     Employee May Attack the Foundation of the Labor Market Survey

"A Claimant indisputably may show that the employer's labor market surveys were simply based on unsubstantiated, erroneous, conflicting, false or misleading information and evidence regarding the claimant's actual experience with the employers identified in the LMS may lend support for establishing contentions along these lines….Because an employer is required to establish substantial gainful employment that exists….it would be directly relevant for a claimant to show that an employer rejected the job application precisely because the work is incompatible with Claimant's residual productive skill, education, age or work experience." 

Holding 2:      Jobs Must Remain Open

"… the jobs identified by the employer's expert witness, which are used as the employer's proof of earning power under section 306(b) ,  (must) remain open, until such time as the claimant is afforded a reasonable opportunity to apply for them….Claimant must be afforded the opportunity to submit evidence that she did not obtain employment because the position identified by the expert was already filled by the time the claimant had hada reasonable opportunity to apply for it.

Holding 3:      If The job Is Already Filled, It Does Not Exist.  

Holding 4:       Kachinski Is Not Dead

The court specifically would not state that it was abandoning Kachinski in a 306(b) analysis.  It points out the burden is different, but seemed unwilling to give up its prior seminal decision.

It especially seems to be a hybrid Kachinski model in that the employer's good faith is directly at issue.

Holding 5:         Workers' Compensation Judge has Significant Discretion 

As they should, the Workers' Compensation Judge has a great deal of discretion.  This decision protects that discretion with respect to weighing evidence to see if jobs "exist" and were actually available.


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Peter J. Gough is an associate at QuatriniRafferty and concentrates his practice in the area of workers’ compensation, exclusively representing injured workers.
Born in Brooklyn New York and a graduate of The University of Buffalo, Peter J. Gough came to the Pittsburgh area to achieve his J.D. from Duquesne Law School.  He fell in love with Western Pennsylvania and has been practicing law, primarily civil litigation and workers’ compensation law here since 1990. 

Monday, November 25, 2013

NOVA Comes to Pittsburgh!!!

The National Organization of Veterans Advocates (NOVA) will gather in the Steel City for its Spring 2014 conference!







QR attorney Michael V. Quatrini has been added to the conference planning team.

To learn more about NOVA, follow the following link:     http://www.vetadvocates.org/

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Thursday, November 21, 2013

QuatrinRafferty Hosts WCAIS Meeting

QuatriniRafferty was proud to host, along with the Westmoreland Bar Association, a WCAIS (Workers' Compensation Automation and Integration System) demonstration and problem solving seminar in Greensburg, PA.

Pictured are Workers' Compensation Judge David Cicola, Liz Crum (Director of the Workers' Compensation Office of Adjudication), and QuatriniRafferty's very own Rhonda Chappell

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Friday, November 1, 2013

Act 632 Benefits and Retirement: Do they stop if you retire?

by Vincent J. Quatrini, Jr.

Recently, I was asked whether Act 632 benefits would cease upon a worker's retirement.

My answer was that the benefits should continue.  And I believe that case law supports my answer.

      Unlike section 1(a) of the Heart and Lung Act, section 1 of Act 534
      makes no distinction between temporary and permanent disability and provides
      no time limitation on receipt of benefits. As long as the employee cannot return
      to work with the department, Act 632 (and Act 534) benefits continue.

       McWreath v. Department of Pub. Welfare, 26 A.3d 1251 (Pa.Cmwlth. 2011).

All situations are different so the answer above may or may not apply to your situation.  If your Employer or insurance carrier is threatening to take away your Act 632 benefits due to retirement, please call our office at 1-888-534-6016 or visit our website to make an appointment for a free consultation.

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The Workers' Compensation Group at Quatrini Rafferty

Proudly serving injured workers in Western Pennsylvania for the last 25 years from our offices in Greensburg, Pittsburgh and Latrobe.




Friday, October 25, 2013

Positive Decision on Withdrawal from the Labor Market Issue

Case reviewed by Peter Gough, Esq.

Turner v Workers' Compensation Appeal Board (City of Pgh) -- Voluntary Withdrawal  

Cites Henderson II and the totality of circumstances to hold that receipt of NARW and disability pension is not sufficient to raise a presumption of intent to withdrawal from work force.

Overturns the Workers' Compensation Judge and Workers' Comp Appeal Board.  Concludes that  the Workers' Compensation Judge and Workers' Compensation Appeal Board presumed a withdrawal based upon receipt of pension and failure to apply for any jobs before NARW was issued.

Burden of proof does not switch to Employee all because she applied for pension.

It is important to note that in this case as in Henderson II, the Employee was working light duty until Employer took away her light duty job.  Employee testified that but for the employer taking away the job she would have continued to work.

I think it can be successfully argued that the employer's actions of eliminating the light duty "forced Employee into retirement because of her work injuries".

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Peter J. Gough is an associate at the firm and concentrates his practice in the area of workers’ compensation, exclusively representing injured workers.
Born in Brooklyn New York and a graduate of The University of Buffalo, Peter J. Gough came to the Pittsburgh area to achieve his J.D. from Duquesne Law School.  He fell in love with Western Pennsylvania and has been practicing law, primarily civil litigation and workers’ compensation law here since 1990.

Tuesday, October 8, 2013

HISTOPLASMOSIS IN THE WORKPLACE: THE BAT DROPPINGS AND BIRD MANURE DISEASE



Are you exposed to bat droppings and bird manure in your workplace?  If so, you may be a at risk for a diagnosis of Histoplasmosis.

Recently, I handled a case involving this disease.

Histoplasmosis is an infectious disease caused by inhaling the spores of a fungus called Hcapsulatum.   Histoplasmosis is not contagious; it cannot be transmitted from an infected person or animal to someone else.

Histoplasmosis has various symptoms, but primarily affects your lungs.  The vast majority of infected people have no visable side effects. Those who do experience mild symptoms often don’t seek medical attention and may not even realize that their illness was histoplasmosis.

Histoplasmosis can appear as a mild, flu-like respiratory illness.  The symptoms may include a combination of malaise (generally feeling lousy), fever, chest pain, dry cough, headache, loss of appetite, shortness of breath, joing and muscle pains, chills, and hoarseness.

Don't be lulled into believing that histoplasmosis is a harmless disease.  Histoplasmosis can cause chronic lung disease and worsen over time.   Special antifungal medications are needed to stop the disease, and surgery is sometimes required to remove a portion of the affected lung.

A person who has had histoplasmosis can get it again.

Anyone working in a job or near activities where material which has been contaminated with the Histoplasmosis spore can develop histoplasmosis, if enough spores are inhaled.

After exposure, the degree of sickness varies greatly, due to the number of spores you may have inhaled, your ageyour susceptibility to the disease.  Longer durations and intensity of exposure significantly increase your risk of developing histoplasmosis.

Below is a partial list of occupations and hobbies with risks for exposure to H. capsulatum spores, published by the Centers for Disease Control and Prevention (CDC):

·        Bridge inspector or painter               

·        Chimney cleaner

·        Construction worker

·        Demolition worker

·        Farmer

·        Gardener

·        Heating/Air-conditioning installer/service worker

·        Pest Control worker

·        Microbiology worker

·        Restorer of historic or abandoned buildings

·        Roofer

·        Cave explorer 


The CDC has also identified geographic areas in which there is a higher incidence of the disease.   Washington County and Greene County, in Pennsylvania, are on the CDC map, along with parts of West Virginia and Ohio.   

If you engage in these activities and develop flu-like symptoms days or weeks after disturbing material that might be contaminated with H. capsulatum, and the illness worsens rather than subsides, you should seek medical care immediately.

If the disease was contracted "in the course and scope" of your job, you are entitled to lost wages and medical expenses you experience, under the Pennsylvania Workers Compensation Act.  If you think that you acquired Histoplasmosis in the workplace, please call me for a legal consultation about your rights.  There is no legal fee unless we obtain a money recovery or reimbursement of medical expenses incurred for you.
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Quatrini Rafferty - The Workers' Compensation Group

Helping injured workers across Pennsylvania from our offices in Greensburg, Pittsburgh and Latrobe

Tuesday, May 28, 2013

Calculating the Weekly Compensation Rate in Pennsylvania

Do you know how to calculate the weekly Compensation Rate for workers' compensation purposes in Pennsylvania?

The PA Department of Labor and Industry has a helpful site outlining the maximum and minimum comp rates:

http://www.portal.state.pa.us/portal/server.pt/community/claims_information/10431/statewide_average_weekly_wage/552650

Remember...your Average Weekly Wage and weekly Workers' Compensation rate are calculated in the year you are injured...with no increases!!

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- the Workers' Compensation Group at Quatrini Rafferty

Greensburg    Pittsburgh    Latrobe

Monday, May 20, 2013

Hearing Loss May Be a Work Injury

By Ronald J. Fonner, Esq.


Many people may not realize that a hearing loss may be a compensable work injury. The Workers’ Compensation Act provides for benefits for loss of hearing related to exposure to noise while at work.
The Act is specific regarding hearing loss cases. In order to be entitled to benefits for a work-related hearing loss, you must have a binaural (both ears) hearing loss of at least ten percent. You must be evaluated by a physician who specializes in hearing problems to determine the percentage of your hearing loss. Often, people with such a loss will report that they are unable to hear the television, or voices on the telephone, or even the voice of a family member.
To be entitled to benefits for hearing loss, you must show you have been exposed to hazardous noise while working. The Act also sets forth the requirements for "hazardous noise". It can be difficult to determine on your own whether the noise level at your place of employment is great enough to be considered hazardous under the Act.
Even if you have a hearing loss of ten percent or greater, and you were exposed to hazardous noise at work, you still need a physician to render an opinion that your hearing loss is related to your exposure to noise while at work. Without such a medical opinion, you cannot win a claim for hearing loss benefits.
If you feel you have a work-related hearing loss , please be sure to discuss your condition with us before the end of the three-year limit for filing a claim for hearing loss benefits. All too often, a client comes to our office to discuss a hearing loss claim only to discover that it is too late to file the claim. The three-year statute of limitations for filing a claim begins to run on the last day you were exposed to hazardous noise at work. This may or may not be the last day that you worked for your employer. If you changed jobs during your employment from a noisy job to a quiet job, or the job you are performing became quieter, the beginning date for the three years is the last day you worked at the noisy job, and you must file your claim within three years of that date.
If your claim is successful, you may be entitled to up to 260 weeks of workers’ compensation benefits . These benefits are based on your workers’ compensation rate, which is determined by your earnings for the year prior to the last day you were exposed to hazardous noise. Depending on the degree of your hearing loss, and your earnings, this amount could be substantial.
Visit our website or call us at 724-837-0080 in Greensburg, Pittsburgh or Latrobe, or, toll free at 888-534-6016.

If you feel you may have a work-related hearing loss, it is important to make an appointment with us immediately.  Remember that if you do not act promptly, you could lose valuable legal rights and benefits under the Workers’ Compensation Act.
Greensburg      Pittsburgh      Latrobe
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Tuesday, April 2, 2013

Unique Situations May Entitle Pennsylvania Workers to Extra Financial Protection

The Pennsylvania Workers’ Compensation Act is designed to provide financial protection to all individuals who suffer a work-related injury in the Commonwealth of Pennsylvania. In certain unique situations, other benefits may be available in addition to basic workers’ compensation benefits.

For instance, if you are in a high-risk occupation, extra financial protection is provided by the Pennsylvania Heart and Lung Act. The Heart and Lung Act pays the injured worker full salary, with no tax deductions, during the period of temporary disability from performing the duties of the job. Persons employed in designated high-risk occupations in Pennsylvania include:

• State Police 
• Liquor Control Board Officers and Investigators 
• Probation, Parole and Enforcement Officers 
• Capitol Police 
• Department of Corrections employees 
• Office of Attorney General drug enforcement agents and special agents 
• Delaware River Port Authority Police 
• Policemen, Firemen and Park Guards of any County, City, Borough, Town or Township 
• Sheriff, Deputy Sheriff or Special Fire Police

Other provisions in Pennsylvania law provide extra financial protection to any employee who is injured during the course of employment with certain state or county facilities. This act provides payment of full salary, with no tax deductions, until the disability arising from the injury no longer prevents the worker from returning to work. These situations include employees injured by "an act of any inmate or person confined" in the following facilities:

• state correctional institute 
• state mental hospital 
• Youth Development Center of the Department of Public Welfare

This additional protection is also extended to employees of County Boards of Assistance injured by the act of an applicant or recipient of public assistance, or any employee of the Department of Public Welfare who has been assigned to or who has volunteered to join the fire fighting force of any institution of the Department of Public Welfare.

An injured worker who is receiving the above-described specialized benefits or Pennsylvania Heart and Lung Benefits may also receive full Social Security Disability benefits at the same time. This is not the case for an injured worker receiving Pennsylvania Workers’ Compensation benefits and Social Security Disability, where the combination of the two benefits cannot exceed 80% of the average current earnings as determined by Social Security.

These are very unique situations. If you have any questions, please call Vince at 724-837-0080. There is no fee for the initial consultation.




No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. The information presented on  this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case.  To get a genuine legal opinion regarding your particular case, please contact our office at 1-888-534-6016 or www.qrlegal.com
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Tuesday, March 26, 2013

Pennsylvania Workers' Compensation: Did You Know?

 By Quatrini Rafferty attorney Peter J. Gough, Esquire

Did you know that an employee who sustains a work injury, and later returns to work with any restrictions, may qualify for ongoing wage loss benefits? Or that a worker whose injury prevents him or her from doing even one of the job duties may also qualify for wage loss benefits? These wage loss benefits are available to the employee both while working or even if laid off.

The Pennsylvania Workers’ Compensation Act recognizes injured workers to be at a disadvantage compared to non-injured workers. If an injured worker is laid off for any reason or is unable to work for as many hours, the worker is entitled to wage loss benefits.

Even if the worker is receiving unemployment compensation benefits, he or she can still receive workers’ compensation wage loss benefits. However, the employer would be entitled to a credit for any net unemployment benefits the worker received.  In short, an injured worker is entitled to wage loss and medical benefits if the worker is:

If any of the facts below apply to you, please contact us immediately:
  • hurt at work
  • still affected by the work injury
  • prevented from performing any pre-injury duties because of the work injury
  • making less money than before the injury
  • laid off from work due to no fault of his or her own

- The Quatrini Rafferty Workers' Compensation Group

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case.  To get a genuine legal opinion regarding your particular case, please contact our office at 1-888-534-6016 or www.qrlegal.com
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Tuesday, March 5, 2013

Quatrini Rafferty Debuts Latrobe Office

 QuatriniRafferty is pleased to announce the opening of our Latrobe office at 816 Ligonier Street in downtown Latrobe, which is at the corner of Main and Ligonier Streets. The new office is situated on the ground floor of the former Mellon Bank building, which is across the street from the Latrobe Art Center. Many of the architectural features of the space have been restored. One of the most interesting features of the restoration is the original bank vault that has been cleaned and preserved. Appointments can be made at the Latrobe office by calling either 724-837-0080 or 724-539-2841.  We look forward to using this additional office to better accommodate our clients in Westmoreland, Indiana, Cambria, Somerset, Blair, and other counties east of Greensburg.















Want to view more photos? Check out our Newsletter:   Quatrini Rafferty Latrobe Office

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