Defense Digest

On the Pulse ... Workers' Compensation Department Profile

One of the more vexing challenges that confronts every employer in this country is the rising cost of workers' compensation insurance premiums. This problem is compounded by the increasing challenge of maintaining workers' compensation coverage through traditional insurance routes. Thus, the rise in alternative markets, such as captives and risk retention groups. Additionally, in states that have government-run programs for the uninsurable employers, like Pennsylvania's State Workers' Compensation Insurance Fund, the rise in the use of these programs has been virtually meteoric.

Our firm has 43 attorneys in 11 offices throughout Pennsylvania, New Jersey, and Delaware dedicated exclusively to the representation of insurance companies and self-insured employers in workers' compensation litigation. The range of workers' compensation experience of these attorneys is two to 32 years, and their average years of experience is 13. Given this extensive experience, our attorneys are intimately familiar with the claimants' bar, as well as with the judges who determine the outcome of much of the litigation they handle. The practice of workers' compensation is that of a fairly close-knit community, and our attorneys' familiarity and reputations serve our clients' interests well.

In addition to unparalleled experience, our Workers' Compensation Practice group provides equally unparalleled dedication to our clients' needs and interests. Not a week goes by without one or more of our attorneys visiting employers' sites to provide hands-on guidance in proactively dealing with the workers' compensation issues that are confronting our clients. Nor does a week pass without one or more of our attorneys visiting our insurance clients, round tabling cases or providing seminars to augment the knowledge of the claims professionals concerning new developments in the law or approaches that have proven to be successful in resolving particular problems that an insured may be experiencing.

In addition to the personal visits made by our attorneys, at least every other year we present a seminar for our clients which is held in the Philadelphia area. At that seminar, we not only discuss current issues, but we also present speakers from the judiciary, the claimants' bar, a state labor and industry department, and medical and vocational experts. We also publish What's Hot in Workers' Compensation, a monthly periodical that provides a summary and analysis of recent cases, decisions, and legislative activities. We provide written laminated tip sheets that provide a quick and practical guide to help the claims professional to navigate through the multitude of forms that are administratively required in each state where we practice. These tip sheets also offer assistance for typical facets of the life of a claim, such as the conduct of an independent medical evaluation. Our attorneys stand ready to answer any questions that our clients may have. We realize that providing "counsel" may result in prompt and inexpensive solutions that will foreclose the need for litigation. Our attorneys endeavor to be part of the solution, not the problem.

A number of our most experienced attorneys play active roles in the pursuit of legislative reform that is designed to help our clients. For example, in Pennsylvania, through the Chamber of Commerce, our attorneys have regularly participated in committee sessions designed to debate and adopt various legislative efforts aimed at ultimately reducing the cost of workers' compensation coverage incurred by employers. In Delaware, where the Governor is trying hard to push through reform legislation, our attorneys are working behind the scenes in an effort to craft alternative reform measures that will more definitely help employers.

Finally, one of our attorneys, James Pocius, has dedicated his recent practice to the field of Medicare Set Aside challenges. Jim has been invited to Washington, D.C. on a number of occasions to participate in forums established by the federal government. His influence and campaigning have directly impacted on recent changes allowing minimal workers' compensation settlements to proceed without set-asides.

As you can see, the attorneys in our Workers' Compensation Practice Group are truly dedicated to protect the interest of our clients in this field of law. If we can be of assistance to you in any way, please contact me at (215) 575-2610 or through my e-mail address, psmiller@mdwcg.com.

*Pete is Director of the firm's Workers' Compensation Practice Group. He can be reached in our Philadelphia, PA office at (215) 575-2610 or psmiller@mdwcg.com.