John J. Bagnato
Shareholder
Phone |
(814) 536-0735 |
Fax |
(814) 539-1423 |
John J. Bagnato has been a shareholder in Spence, Custer since 1980. His primary practice area since that time has been workers’ compensation defense, particularly occupational pulmonary disease. He was admitted to practice in Ohio in 1968, in Pennsylvania in 1971 and several United States District Circuit Courts of Appeals and the United States Supreme Court. He served on the Pennsylvania Bar Association Board of Governors and has been a Board Member and Past President of the Pennsylvania Bar Institute. John has received an AV Peer rating and in April of 2011, received the honor of being inducted as a Fellow in The College of Workers’ Compensation Lawyers, a distinction achieved by only five other lawyers in the State of Pennsylvania.
Representative Matters:
- Stanek v. Workers’ Compensation Appeal Board (Greenwich Collieries), 756 A.2d 661 (Pa. 2000)
Pennsylvania Supreme Court acknowledged that a claimant, to receive total disability benefits at the expiration of 500 weeks of partial disability benefits, must demonstrate no ability to perform work.
- Bethlehem Steel Corporation v. Workers’ Compensation Appeal Board (Baxter), 708 A.2d 801 (Pa. 1998)
Supreme Court acknowledged that an aggravation of pre-existing respiratory conditions, because of the work-place atmosphere, can be limited notwithstanding continuing prophylactic restriction.
- Director, OWCP v. Greenwich Collieries, 114 U.S. 2251 (1994)
The Supreme Court eliminated the true doubt rule in Federal Black Lung litigation.
- Hebden v. Workers’ Compensation Appeal Board (BethEnergy Mines), 632 A.2d 1302 (Pa. 1993)
Reversing the Commonwealth Court, the Supreme Court established special rules regarding collateral estopple and res judicata in certain compensable occupational pulmonary diseases
- Pauley v. BethEnergy Mines, Inc., 58 U.S.L.W. 3725 (U.S. 1990)
The U.S. Supreme Court acknowledged that, regardless of rebuttal imitations in the Regulations, a Federal Black Lung applicant, absent a demonstration of disabling coal workers’ pneumoconiosis, is not entitled to benefits.
Publications:
- “Medical Cost Containment in Workers’ Compensation Cases” in cooperation with PBI - The Continuing Legal Education Arm of the PBA - Chapter Entitled “Advocacy Utilization Review” - Copyright 1996
- “Fundamentals of Workers’ Compensation” in cooperation with PBI - The Continuing Legal Education Arm of the PBA - Chapter Entitled “Procedure” - Copyright 1990
- “Fundamentals of Workers’ Compensation” in cooperation with PBI - The Continuing Legal Education Arm of PBA - Chapter Entitled “Procedure” - Copyright 1991
- “Fundamentals of Workers’ Compensation” in cooperation with PBI - The Continuing Legal Education Arm of PBA - Chapter Entitled “Procedure” - Copyright 1989
Experience:
- 1971 to present: Spence, Custer, Saylor, Wolfe & Rose, LLC
- 1971: Law Clerk-DiFrancesco and DiFrancesco
- 1968 to1969: Judicial Clerkship, Cuyahoga County, Criminal and Civil Divisions, Cleveland, Ohio
- 1966: Preceptorship - DiFrancesco and DiFrancesco
Legal Education:
- Franklin Thomas Bachus School of Law, Case Western Reserve University (J.D., 1968)
Undergraduate Education:
- Washington and Jefferson College (A.B. 1965)
Professional Admissions:
- Ohio
- Pennsylvania
Court Admissions:
- Supreme Court of the United States
- United States Court of Appeals for the Third, Fourth, Sixth, Seventh, Eighth and Eleventh Circuits
- United States District Court for the Western District of Pennsylvania
- Pennsylvania Supreme Court and all lesser Courts
- Ohio Supreme Court and all lesser Courts
Professional Affiliations:
- Cambria County Bar Association - President (1989-1990)
- Pennsylvania Bar Association:
Chairman, Workers’ Compensation Law Section (1990-1991)
Section Counsel Member (1985-present
Board of Governors (1998-2000)
- American Bar Association - Workers’ Compensation Employers Liability Law Committee - Tort and Insurance Practice Section (1989 - present)
- Pennsylvania Bar Institute:
Board of Directors (1999-present)
Vice President (2000-2001)
President (2001-2002)
- Pennsylvania Bar Foundation - Board of Directors (2007 - present)
Professional Honors and Awards:
- Listed in Best Lawyers in America (2000 - present)
- Pennsylvania Super Lawyers (2004 - present)
- Irving Stander Memorial Award (In recognition of following the example of the late Judge Stander in his: Devotion to the practice of workers’ compensation law, unselfish sharing of knowledge and information to improve the practice and inspiring high professional ideals.) (2006)
- Chief Justice John P. Flaherty Award (In recognition of an outstanding effort to promote the objects and purposes of the conference of county Bar Leaders and to improve the legal profession, the justice system or the community.) (2006)
- Fellow, The College of Workers’ Compensation Lawyers (2011)