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

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

2020/11/18

Pietragallo 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 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  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  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. Mariotti (2021) Labor and Employment Law – Management  Peter W. Read More

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

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 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

The Pietragallo Law Firm is recognized as a “Best Law Firm” by U.S. News & World Report

2019/11/01

U.S. News & World Report recognizes Pietragallo Gordon Alfano Bosick & Raspanti, LLP as a 2020 Tier 1 Metro “Best Law Firm” in six practice areas in Pittsburgh and Philadelphia. These six practice areas are: Commercial Litigation (PGH & PHL) Bet-the-Company Litigation (PGH) Health Care Law (PHL) Medical Malpractice Law – Defendants (PGH) Personal Injury Litigation – Defendants (PGH) and Workers’ Compensation Law – Employers (PGH). In addition to the Tier 1 Metro ratings, Pietragallo was named a Tier 2 Metro “Best Law Firm” in Pittsburgh in the practice of Product Liability Litigation – Defendants. Pietragallo has also been named as Tier 2 across the nation in Commercial Litigation and Tier 3 nationally for our work in Health Care Law. The U.S. News & World Report’s “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Clients were asked to provide feedback on firm practice groups, addressing: expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm.  Lawyers also voted on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and if they consider a firm a worthy competitor. Firms included in the 2020 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and legal expertise. For more information on the 2020 “Best Law Firms” and Pietragallo’s ratings, please visit http://bestlawfirms.usnews.com. Read More

Seven Pietragallo Lawyers Recognized in the Best Lawyers in America 2020 Guide

2019/08/15

Best Lawyers® has named seven Pietragallo Gordon Alfano Bosick & Raspanti, LLP lawyers in its newly released The Best Lawyers in America 2020 guide. The rankings are based entirely on peer-review content, designed to capture the consensus opinion of leading lawyers on the professional abilities of their colleagues within the same practice area and region. The following Pietragallo lawyers earned recognition: William Pietragallo for his work in the following fields: Bet-the-Company Litigation, Commercial Litigation, Personal Injury Litigation – Defendants Mark Gordon: Workers’ Compensation Law – Employers Gaetan Alfano: Commercial Litigation Marc S. Raspanti: Health Care Law Francis Pipak: Workers’ Compensation Law – Employers Clem Trischler: Commercial Litigation, Product Liability Litigation – Defendants Paul Kenneth Vey – Medical Malpractice Law – Defendants Paul Vey has been recognized by Best Lawyers since 2009 and has received additional acknowledgement in the 2020 Guide as a “Lawyer of the Year” in Medical Malpractice Law. For more information about Best Lawyers, please visit their website. For more information about our Attorneys, we invite you view Our Team pages. Read More

Frank Pipak to present at NBI re Workers’ Compensation

2019/07/29

Frank Pipak will be leading a presentation titled, “Ethical Considerations in Workers’ Compensation” and “Preparing Your Case: Procedures for Claimant and Defendant” with the National Business Institute. The National Business Institute is dedicated to providing practical, skill-based CLE seminars and online CLE courses. For more information about this presentation, please visit their website. For more information about Frank Pipak or Workers’ Compensation questions you may have, we invite you to contact Mr. Pipak directly. Read More