Marc Panepinto Elected to New York State Senate

Transcription

1 Quarterly volume 2: fall 2014 Dolce Panepinto In the Community Marc Panepinto Elected to New York State Senate More than $5 Million Recovered for Clients in Last Quarter Changes to NYS Unemployment Laws Construction Accidents Fall Down Injuries Auto Accidents Defective Products Nursing Home Neglect Workers Compensation Death Cases Industrial Injury & Disease Social Security Disability Railroad Accidents

2 Dolce Panepinto Recovers more than $5 MILLION for Injured Clients Over Summer The Dolce Panepinto team has fought for and recovered more than $11 Million for our injured clients since the beginning of 2014, including more than $5 Million this past quarter. Whether they re handling Personal Injury Litigation, Workers Compensation claims, Social Security Disability Insurance claims, or Unemployment Insurance claims, the entire team continues to fight for the best possible outcome for each of our clients. Here are a few of the highlights: Our attorneys recently secured a pair of settlements totaling more than $3 Million on behalf of injured construction workers. The first settlement was reached on behalf of a 31 year old carpenter with a young family who, while working on a commercial construction project, slipped and fell on debris that had been negligently left on the floor of his work area. As a result of the fall, our client suffered serious injuries to his neck and lower back which required a complex spine surgery involving a spinal fusion. Working as Hard as the People We Represent is not just an empty catch phrase, it is the way we conduct ourselves every day. Another settlement was reach on behalf of a 52 year old carpenter who was working on a new build construction site. While unloading construction materials an improperly secured load fell from the truck and knocked our client off of a ladder. As a result of his injuries our client underwent a spine surgery to correct disc herniations in his back and an impingement of his spinal cord. A $700,000 settlement was reached on behalf of our client, a 35 year old drywall finisher, who sustained a back injury when the scissor lift she was operating fell into a utility trench because a wooden bridge on which the scissor lift was crossing collapsed. This recovery was obtained despite the client having undergone a prior back surgery. A $450,000 settlement was reached on behalf of a 47 year old bicyclist who was riding on the side of the road when a passing motor vehicle s passenger side mirror struck the handlebars of her bicycle knocking her to the ground. Our client suffered head injuries including a mild Traumatic Brain Injury (TBI). A $312,500 settlement was reached on behalf of our client, a 42 year old woman, who was severely injured in a motor vehicle accident when the car in which she was riding as a passenger was forcefully rear-ended by a negligent motorist. As a result of the accident, our client suffered spinal injuries including disc herniations and impingement of the spinal cord. Those spinal injuries resulted in our client undergoing a number of back and neck surgeries including a complex disc fusion. Working as Hard as the People We Represent is not just an empty catch phrase, it is the way we conduct ourselves every day. If you have suffered any type of workplace or personal injury, Dolce Panepinto wants to make sure that you and your family are taken care of and that those responsible for your injury are held responsible. Do not hesitate to contact us at for a free case evaluation.

3 Autumn is the Busiest Unemployment Season: Changes to the New York State Unemployment Insurance Law The Unemployment Insurance Reform Act, part of the New York State Budget Agreement, brought about major changes to New York State s Unemployment Insurance Law. Some of these changes went into effect at the outset of the year and others went into effect on October 1, It is important to be aware of these changes as many of them will impact seasonal construction, farm, and retail workers. Perhaps the biggest change is the manner in which weekly benefit rates are now calculated If the worker has wages in all four of the previous quarters, the formula divides the highest quarter by 26 If the worker does not have wages in all four quarters, the formula adds the total gross wages of the two highest quarters together, divides that amount in half, and then divides the resulting amount by 26 Clearly, this new formula can negatively affect the benefits available to those who qualify for Unemployment Insurance. As a result of this new formula, the biggest loss of which we are aware caused a seasonal construction worker to have his benefits reduced by a staggering $ per week. Another major change to the law affects those individuals who voluntarily quit a job. Under the new law, if an individual quits their employment without just cause, they must earn 10 times their weekly benefit rate with a new employer(s), and then be laid off due to a lack of work, before that person can resume collecting unemployment insurance benefits. If you or any member of your family have questions about your unemployment claim or about any other legal matter whatsoever, please contact us today at You must have at least $21, in gross wages in the two highest quarters combined to receive the maximum weekly benefit rate The maximum weekly benefit rate has increased slightly to $420.00

4 Dolce Panepinto in the community Dolce Panepinto takes our commitment to our community very seriously. We are grateful to be in a position to assist local organizations who are dedicated to bettering Western New York. We remain very active in the local community as we continue to look forward to Buffalo s bright future. This community has afforded every single one of us so many wonderful opportunities that I feel it s only right that we give back. Marc Panepinto School Supply Donation This school year, Dolce Panepinto donated school supplies to underprivileged children across the City of Buffalo. In cooperation with a number of Buffalo Public Schools, we filled the complete school supply list for over 150 grade school and junior high school students. The firm purchased over 150 backpacks and our employees spent a handful of nights and weekends shopping for supplies and filling backpacks. Dolce Panepinto team members delivered the backpacks to each school before the first day of classes so that students would be able to start the school year with all of the necessary supplies. The future of our community lies in the hands of our children and we think it is extremely important to supply them with the tools necessary to make the most of their education. Many of the students who received supplies sent us thank you cards and letters. It is incredibly heartwarming, said Marc Panepinto. As a parent, I am very proud that we have had an impact, however small, on the lives of so many young people. Hoops Group 3 on 3 Basketball Tournament Dolce Panepinto was proud to be the exclusive sponsor of the Hoops Group 3 on 3 Basketball Tournament in Delaware Park this summer. The tournament was put together by a number of concerned community members who wanted to provide a viable option for City of Buffalo youth who no longer had the opportunity to participate in a summer basketball tournament due to the Gus Macker tournament s departure to Darien Lake. The all day event attracted several hundred participants and spectators from across Buffalo including community activists, representatives from radio station WBLK, and the Buffalo Peacemakers. The event staff, from the administrators to the referees, was comprised entirely of volunteers. The participants competed in brackets determined by age level and there was even a dunk contest for the older kids. We were gratified to see so many of our youth come together with community members to create such a positive event.

5 Headway of WNY Our firm has also recently become a supporter of Headway of Western New York, a non-profit support and advocacy agency for persons with brain injuries and other disabilities. We have supported a number of Headway s events this year, most recently the Walk, Run, and Wheel event at the Erie Basin Marina: a 5K race which was open to anybody who wished to participate regardless of their disability. Over 200 participants and spectators enjoyed the beautiful weather on race day. Dolce Panepinto considers it a privilege to be in a position to support these wonderful organizations and initiatives. If you would like to speak to us about a sponsorship opportunity, please contact Carlos Torres at ctorres@dolcepanepinto.com or call Walk, Run, and Wheel also featured artwork produced as a part of Headway s Make Your Mark initiative which saw individuals with traumatic brain injuries and other disabilities express themselves by painting on an oversized canvas. The canvas was then cut into smaller squares and mounted, transforming the work into a number of individual pieces, one of which proudly hangs in our office. Organizations and Events Sponsored by Dolce Panepinto: Leukemia and Lymphoma Society The Dude Hates Cancer National MS Society Walk MS Buffalo Change MS American Lung Association Fight for Air Climb Buffalo and Rochester Headway of Western New York Western New York Council on Occupational Safety and Health (WNYCOSH) Western New York Worker Center River Rock Community Coalition Clean Air Coalition of WNY Coalition for Economic Justice YWCA of WNY People United for Sustainable Housing (PUSH) Buffalo Lancaster Youth Foundation Little Angels of Honduras Buffalo Laborers Local 210 Local 210 Scholarship Fund Danny Fulcher Memorial Golf Outing NY State Regional Conference of Bricklayers and Allied Craftworkers WNY Council of Machinists WNY Area Labor Federation WNY Construction Career Days IUOE Local 463 Annual Picnic Brighton Volunteer Fire Co. #5 Brighton Field Days Kenmore / Town of Tonawanda Lou Reuter Memorial Scholarship Run and Athletic Hall of Fame Golf Tournament Erie County Democratic Town Chairs Association Tonawanda Democratic Committee Annual Golf Outing Hoops Group WNY Braves AAU Basketball UB Bulls Men s Football UB Bulls Men s Basketball UB Bulls Women s Basketball Queen City Roller Girls

6 Dolce Panepinto Fights Against Harmful Proposed Changes to Workers Compensation System The New York State Workers Compensation Board Commissioner has proposed regulatory changes that may affect injured workers access to healthcare. The Workers Compensation Commissioner has proposed that the reimbursement rate be cut in half for medical providers who perform specialized medical services, surgeries, and orthopedic specialty care for injured workers. Drastically reducing the amount of money medical professionals receive for treating injured workers will not only hurt job growth in the area but deny critical access to medical care in the weeks immediately after a workplace injury. Dolce Panepinto has joined with local injured workers, attorneys, and physicians from local orthopedic practices including Dr. William Capicotto, Dr. Michael Grant, Dr. Eric Roger, Dr. Cameron Huckell of Pinnacle Orthopedics, Excelsior Orthopedics, and others, to fight this regulatory barrier to quality health care for injured workers. For medical professionals, the administrative costs and bureaucratic red tape associated with treating an injured worker in the NYS Workers Compensation system are already higher than they are for patients with private health insurance. These changes, should they be allowed to go into place, could lead to medical providers simply choosing to not treat injured workers in the Workers Compensation system. Less options for injured workers can mean a lower quality of care and increased wait times to see a medical professional. Frank Dolce recently testified before a Western New York State Assembly and State Senate Delegation regarding this draconian proposal. He explained that the proposed changes will not only deny access to timely care but also limit the quality of care that injured workers deserve. These workers, who have been hurt through no fault of their own, deserve unfettered access to quality healthcare. Period. said Frank Dolce. These workers, who have been hurt through no fault of their own, deserve unfettered access to quality healthcare. Period. - Frank Dolce The regulatory changes are designed to go into effect on January 20, Dolce Panepinto and our allies are working hard to persuade our legislators to stop these harmful changes. We are doing everything we can to protect the rights of injured people and ensure their ability to receive timely and quality health care if they are injured on the job. If you wish to find out more or get involved in these efforts, please do not hesitate to contact us at

7 Words of Appreciation from a Client How Our Team Approach Works When you or a love one is injured you have to endure wage loss, medical expenses, and pain and suffering. Our laws create different systems to replace these losses, including Workers Compensation, Social Security Disability Insurance, Unemployment Insurance, No-Fault Insurance, and sometimes formal litigation in our civil court system. At Dolce Panepinto we want you to focus on your health while we handle the various bureaucracies and insurance companies involved in your case. That is why we use a team approach that allows us to handle all of your injury related claims under one roof. We approach cases as a team because our clients frequently have several types of claims being handled simultaneously, explained Partner Sean Cooney, Our goal is always to maximize the amount of money recovered for our clients and we know that handling the various aspects of their case as a team is the best way to do that. Here is a letter of appreciation from our client Peter that illustrates how our team approach was helped him get the best result possible. Dear Mr. Cooney, I would like to extend my sincere thanks to you and your firm. Colleen Malchow recently represented me in a Workers Comp case and did a job that was well beyond my wildest hopes or expectations. I have nothing but respectful praise for the work she and her assistant did on my behalf. Colleen was always pleasant, professional, and worked hard to get a settlement that I did not know I qualified for. Colleen also asked me if I was getting unemployment and I told her that I did not think I qualified due to the circumstances of my leaving my job. She in turn put me in contact with Tim Heyden who also is working tirelessly to assist me in a difficult case. As with Colleen, Tim s efforts are very much appreciated and unexpected. I am exceptionally grateful and very lucky to have these individuals on my side as I deal with various laws, rules, and regulations. Thank you so much for putting together such a caring, hardworking team and for integrating their different services into your firm. They have changed my often negative opinion of lawyers and the legal profession. I send my very sincere thanks to you and all at your firm. - Peter U.

8 P: dolcepanepinto.com. F: Cut Here Marc Panepinto Elected to the New York State Senate Thank you all who supported Marc in this campaign. With the help of many, Marc Panepinto has been elected as the next New York State Senator for the 60th District! Marc, who ran on both the Democratic and Working Families Party lines, grew up in the Town of Tonawanda, and spent years as a Laborers Union Local 210 Laborer before going on to travel the country working as an organizer for the Laborers International Union of North America. Marc s wife Catherine and their three daughters have played a large role in shaping Marc s dedication to fighting for working class families. It was a long and sometimes difficult campaign, but there is no one up for a fight like Marc. He persevered through all the television ads, mailings, and negative campaigning and now workers and middle class families will have a strong voice in Albany. In January, Marc will be sworn in and begin his two year term. Like many Senators, Marc will continue his law practice here in Buffalo and, along with our whole team, will always be available if you or a loved one are in need. Marc Panepinto s experiences as a laborer, labor activist, attorney, and family man have made him uniquely qualified to represent the hardworking people of the 60th District. Dolce Panepinto has a reputation for fighting tooth and nail in order to achieve the best possible outcome for our clients and Marc plans to bring that toughness and work ethic to the Senate floor in Albany. PARTNERS FRANK J. DOLCE MARC C. PANEPINTO SEAN E. COONEY EDWARD L. SMITH, III ASSOCIATES ANNE M. WHEELER JONATHAN M. GORSKI PHILLIP V. URBAN COLLEEN M. MALCHOW HOLLY L. SCHOENBORN DONALD M. PANEPINTO OF-COUNSEL GARY R. EBERSOLE JEREMY M. SCHNURR ANN M. NICHOLS SAMUEL P. DAVIS JOHN B. LICATA