Risk Management & Workers’ Compensation

20 Pietragallo Lawyers Named in 2022 The Best Lawyers in America and Ones to Watch

2021/08/19

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 20 lawyers have been named as 2022 The Best Lawyers in America and 2022 Ones to Watch, including two lawyers who were recognized for Bet-the-Company Litigation. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Recognition by Best Lawyers is based entirely on peer review. The following were chosen as The Best Lawyers in America: Gaetan Alfano (Bet-the-Company Litigation) Pamela Coyle Brecht Phillip R. Earnest Mark Gordon James W. Kraus James F. Marrion Shelly R. Pagac Richard J. Parks William Pietragallo, II (Bet-the-Company Litigation) Francis E. Pipak, Jr. Kevin E. Raphael Marc Stephen Raspanti Douglas K. Rosenblum Eric G. Soller Clem C. Trischler Peter St. Tienne Wolff The following were chosen as The Best Lawyers in America: Ones to Watch: John Kettering Leslie A. Mariotti Peter W. Nigra Frank H. Stoy   About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

24 Pietragallo Lawyers Named in 2021 Pennsylvania Super Lawyers and Rising Stars

2021/06/08

Including Recognition in Top 100 in Pennsylvania and Top 100 In Philadelphia Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 24 attorneys have been named as 2021 Super Lawyers and 2021 Rising Stars, including two attorneys who were also recognized in the Top 100 in Pennsylvania and Top 100 in Philadelphia. Super Lawyers is a service of Thomson Reuters legal division which compiles a list of outstanding lawyers from more than 70 practice areas. Each year, a research team at Super Lawyers conducts a multi-phase selection process reviewing independent research, peer nominations, and peer evaluations. The following were chosen as Pennsylvania Super Lawyers: Gaetan J. Alfano (Top 100 in Philadelphia) Joseph J. Bosick Mark Gordon Christopher A. Iacono P. Brennan Hart James W. Kraus Michael A. Morse Shelly R. Pagac William Pietragallo, II Francis E. Pipak, Jr. Kevin E. Raphael Marc S. Raspanti (Top 100 in Pennsylvania and Top 100 in Philadelphia) Douglas K. Rosenblum John A. Schwab Eric G. Soller Clem C. Trischler Paul K. Vey The following were chosen as Pennsylvania Rising Stars: Jeremy E. Abay John R. Brumberg Sarah R. Goodman Joseph L. Gordon John W. Kettering Peter W. Nigra Peter St. Tienne Wolff About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

Workers’ Compensation/OSHA Claims Due to COVID-19

2021/02/02

Questions have persistently arisen as to whether an employer is responsible to pay workers’ compensation benefits to an employee who has been rendered disabled as a result of a COVID-19 diagnosis or, in the alternative, is prevented from working based on an employer’s concern that the employee’s presence may lead to others contracting the disease. In the vast majority of instances, it is unlikely that an employee can demonstrate that COVID-19  arose in the course and scope of the employee’s employment.  If one assumes a 40-hour work week, less than 25% of the employee’s potential exposure occurs in the work environment versus the non-work environment. COVID-19 is not unique to the work setting.  Accordingly, in most instances an employee’s efforts to prove causation between COVID-19 and work exposure will fail. Every state has their own unique workers’ compensation statute for dealing with compensatory illnesses.  Recognizing that certain classes of individuals may be more susceptible to a given disease in a work environment when compared to the general population, states have created presumptions to establish medical causation. Many states have extended workers’ compensation coverage to employees who fall victim to COVID-19 by creating a presumption that the employee’s work led to the deleterious exposure and contraction of the infection.  Those states addressing these issues have identified certain professions where there is a known increased risk in contracting the infection due to the occupation.  Classes of employees who have received the benefit of these presumptions in those states that have addressed the same include first responders (police, firefighters and EMTs) and front line healthcare workers.  In those states that have successfully passed such legislation, a presumption is created that those who work in these professions and carry a COVID-19 diagnosis are presumed to have contracted the disease while in the course and scope of their employment.  Read More

Partner Marc S. Raspanti to present at HCCA’s 6th Annual Healthcare Enforcement Compliance Conference

2020/11/18

Partner Marc S. Raspanti will be speaking at the Health Care Compliance Association’s virtual 2020 Healthcare Enforcement Compliance Conference on Wednesday, November 18. During the three-day conference, attendees will hear first‑hand from government officials about regulatory changes, expectations, and key priorities in the Healthcare Enforcement sector. Attendees can further gain the knowledge and skills needed to properly address potential violations and improve their organization’s compliance program. During the program, Mr. Raspanti’s segment is titled, “Negotiating and Mediating False Claims Act Cases.” For more information about the program, including to register, please visit the HCCA program website. For more information about Marc S. Raspanti or the firm’s nationally-recognized False Claims Act practice, we invite you to visit our False Claims Act Resource Center. Read More

Nineteen Pietragallo Attorneys Recognized by The Best Lawyers in America® 2021

August 20, 2020

Pietragallo Gordon Alfano Bosick & Raspanti LLP, a business and litigation law firm with five offices across Pennsylvania, Ohio, and West Virginia, is proud to announce that nineteen of our distinguished attorneys have been recognized in The Best Lawyers in America® 2021 edition. “The legacy of our law firm is the depth of our courtroom talent,” noted Managing Partner, William Pietragallo, II. He continued, “I could not be more proud.” Recognition by Best Lawyers® is based entirely on peer review within the legal industry. The Best Lawyers® methodology is designed to capture the consensus opinion of industry-leading lawyers regarding the professional capabilities of their colleagues. Best Lawyers® distinction is demonstrative of the respect that recognized lawyers have earned amongst their peers. The following individuals of The Pietragallo Law Firm have been recognized for their work in the following industries:   Gaetan J. Alfano (2012) Commercial Litigation Employment Law – Individuals Employment Law – Management Litigation – Labor and Employment Pamela Coyle Brecht (2021) Qui Tam Law Marc S. Raspanti (2006) Health Care Law  Doug Rosenblum (2021) Criminal Defense: White-Collar Phillip R. Earnest (2021) Construction Law Insurance Law  Mark Gordon (2011) Litigation – Insurance Workers’ Compensation Law – Employers  James W. Kraus (2021) Criminal Defense: White-Collar Litigation – Health Care Medical Malpractice Law – Defendants  James F. Marrion (2021) Product Liability Litigation – Defendants  Shelly Pagac (2021) Employment Law – Individuals Litigation – Labor and Employment  William Pietragallo II (2005) Bet-the-Company Litigation Commercial Litigation Mass Tort Litigation / Class Actions Personal Injury Litigation – Defendants  Francis E. Pipak, Jr. (2011) Workers’ Compensation Law – Employers  Eric G. Soller (2021) Commercial Litigation Litigation – Intellectual Property  Peter St. Tienne Wolff (2021) Litigation – Trusts and Estates  Clem C. Trischler, Jr. (2011) Commercial Litigation Product Liability Litigation – Defendants  Paul Kenneth Vey (2011) Medical Malpractice Law – Defendants Sharon, PA  Richard Parks (2021) Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law   “Ones to Watch”   Leslie A. Read More

Partner Frank Pipak to present at NBI’s Human Resource Law from A to Z Event

2020/08/13

Pietragallo Partner Frank Pipak will be presenting at the National Business Institute’s (NBI) two-day event, “Human Resource Law from A to Z.” Mr. Pipak has over forty years experience in the area of workers compensation and will be speaking on day two, August 13th, under the section, “Workers’ Compensation Basics.” During this 90-minute segment, Mr. Pipak will discuss: (1) Essential Policies and Protocols to Have in Place, (2) Determining Reasonable Accommodations for Injured Workers and (3) Issues with Workers’ Compensation Insurance. The overall program aims to give Attorneys, HR personnel, Accountants, Presidents and Vice Presidents a comprehensive overview of the issues affecting human resource departments regarding hot-button issues that every HR professional should know, not only to avoid lawsuits, but to ensure that all employees are happy and productive. For more information about this comprehensive program led by leading industry experts, we invite you to visit NBI’s website. For more information about Mr. Frank Pipak, we invite you to review his biography or contact him directly. Read More

Client Alert: Is There Insurance Coverage For Your Business Operation Due To The COVID-19 Pandemic?

April 1, 2020

Many of our clients have a business insurance package that includes business interruption coverage.  As to whether your company’s policy will provide coverage for loss of profits will be dependent on the language of your policy.  Accordingly, it is important to review your insurance policies, which might require you to notify your insurer within certain time limits prescribed within the policy and to determine whether there are other obligations that you must adhere to in order to perfect coverage, to the extent that coverage is available to you. In our experience, most property insurance policies containing a business interruption provision require that the interruption result from a “direct physical loss or damage” to the insured’s property. Additionally, there may be a provision that affords business interruption coverage where a key supplier has suffered a direct physical loss to their property.  In other instances, the policy may include “civil authority” coverage, which could cover losses arising from civil authority orders that would impair an insured’s operations. If your policy requires direct physical loss or damage to property, there may be no coverage for COVID-19 losses, even under the “civil authority” coverage provisions. We anticipate that there will be an extraordinary number of challenges to coverage denials when businesses are forced to close because of the contamination of their premises.  We are aware of at least one suit that has already been filed in the Civil District Court for the Parish of New Orleans, Louisiana, where the insured is contending that the contamination of the premises caused by the virus is a direct physical loss.  We will be monitoring this matter closely for our clients. Many commercial insurers adopted exclusions for infectious diseases, including flu outbreaks and epidemics. You should review your business insurance program for such exclusions, which could preclude coverage If you have business interruption coverage and a review of your policy leads to uncertainty as to whether your policy will afford coverage for loss of profits resulting from COVID-19, our firm’s coverage team would be pleased to have the opportunity to assist you in the assessment for coverage. Read More

Phil Earnest to present, “Managing Risk with General Liability and Professional Liability Insurance Coverage”

2020/07/08

Pietragallo Partner Phil R. Earnest will present, “Managing Risk with General Liability and Professional Liability Insurance Coverage” in Coraopolis, Pennsylvania on July 8, 2020. The “Managing Engineering Liability and Risk” program is being hosted by HalfMoon Education and during this event, attendees will: Learn how to apply risk management principles to engineering Understand how contracts can reduce or increase liability and risk Review the law of professional engineering malpractice Examine professional liability insurance coverage Consider what to do when risk results in potential liability Assess how complying with the rules of professional conduct can minimize risk For more information about this program, including to register, we invite you to visit the HalfMoon Education website. For more information about Mr. Phil Earnest, we invite you to view his biography and contact him directly. Read More

Pietragallo Team Volunteers at Mock Trial Competition

2020/03/05

Each year, the Young Lawyers Division (YLD) of the Pennsylvania Bar Association (PBA) hosts one of the largest mock trial competitions in the nation. The PBA/YLD Mock Trial Competition gives more than 300 high school student teams from across the state the opportunity to act as lawyers and witnesses in simulated civil and criminal trials before actual judges and panels of juries. The competition takes place over several months and is led by volunteer attorneys who assist students as team advisors, scorekeepers, regional coordinators and judges. Pietragallo Partner Peter S. Wolff and Associates Fino Caliguire and Rebecca Johnson volunteered as judges during the 2020 District Play-Offs portion of the competition. “The level of talent demonstrated by the teams was amazing,” said, Peter S. Wolff. Mr. Caliguire commented, “Rebecca and I both were expecting great performances knowing that this was the final round of the competition. Even so, we were both blown away by the preparedness and professionalism of the high school competitors. Not only were their speeches and direct examinations smooth and well-rehearsed, their ability to adapt on cross examination and improvise in portions of their closings was incredible for students their age.  I would not be surprised to run into some familiar faces from the competition in a courtroom 7 or 8 years down the road.” The Firm extends its congratulation to Eden Christian Academy who secured the most points and who will proceed onto the next level of the competition, the regional playoffs. For more information about the PBA/YLD Mock Trial Competition, we invite you to visit the PBA website. For more information about any of our attorneys, we invite you to visit Our Team page. Read More

New SHIELD Act Provisions Take Effect in March, Additional Legislation Pending

2020/02/26

As published in The New York Law Journal An amendment to New York’s data breach notification law, the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act), will take effect on March 21, 2020. The amendment to the SHIELD Act creates stricter data security over confidential personal information and breach notification requirements to protect New Yorkers following a breach. The amendments to the SHIELD Act broaden the law’s reach applying to any company that collects personal information of New York residents, even if the company does not conduct business within the state of New York. The information protected under the SHIELD Act includes: social Security numbers, drivers’ licenses numbers, credit or debit card numbers, financial account numbers with or without security codes, biometric information, email addresses, email passwords, and email security questions and answers. The amendments also broaden the definition of “breach,” which is newly defined as requiring only unauthorized access to confidential information to constitute a breach, even if the accessor fails to take or use the information obtained. Once a breach occurs, companies must notify consumers “immediately following discovery.” Notice to consumers must include: … contact information for the person or business making the notification, the telephone numbers and websites of the relevant state and federal agencies that provide information regarding security breach response and identity theft prevention and protection information, and a description of the categories of information that were, or are reasonably believed to have been, accessed or acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so accessed or acquired. There are two exceptions to the SHIELD Act’s notification requirement: (1) when the breach was inadvertent by someone who had authority to access the information and reasonably determines that the exposure will not likely result in misuse or harm; or (2) if notice of the breach is made to affected persons through another breach notification law, such as the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act of 1996. Read More

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24 Pietragallo Lawyers Named in 2021 Pennsylvania Super Lawyers and Rising Stars
June 9, 2021
Including Recognition in Top 100 in Pennsylvania and Top 100 In Philadelphia Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 24 attorneys have been named as 2021 Super Lawyers and 2021 Rising Stars, including two attorneys who were also recognized in the Top 100 in Pennsylvania and Top 100 in Philadelphia. Read More
One of many — a remembrance for Veterans Day by Paul K. Vey
November 11, 2019
Last week, as Veterans’ Day neared, Pietragallo attorney Paul K. Vey shared the following for all members of our Team: One of many — a remembrance for Veterans Day Roughly 78 years ago, a high school senior from Bellevue PA, just outside of Pittsburgh, learned that the United States had been attacked and was entering World War II. Read More
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