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Christopher J. Conrad

Co-Chair, Special Education Law Practice Group

Portrait of Christopher J. Conrad

Chris is a member of the firm's Professional Liability Department, and he devotes a significant portion of his practice to the representation and defense of school districts, intermediate units, career and technology centers and other academic institutions in all manner of employment, civil rights and special education litigation. As a member of the Professional Liability Defense Federation, Chris currently serves as Vice Chair of the Municipal, School Leaders and Miscellaneous Liability Committee.

Chris is Co-Chair of the firm’s Special Education Law Practice Group, and his special education practice focuses on counseling clients and defending due process litigation involving a wide range of issues including claims of child find violations, denial of a Free Appropriate Public Education (FAPE), manifestation determinations and student discipline, appropriate educational programming and placement, and parents seeking private school placement at public expense. Chris has presented on a number of special education topics for school districts as well as for PBI’s Exceptional Children Conference, Lehigh University’s Special Education Law Conference and the National Business Institute.

Chris also represents public and private employers and their directors, officers, management and employees, in a variety of employment practices litigation under federal and state law, including defending claims of harassment, discrimination and retaliation, as well as whistleblower claims.

Additionally, Chris represents and defends licensed and certified professionals, including real estate agents and brokers, real estate appraisers, insurance agents and brokers, home inspectors, architects, engineers, surveyors, attorneys and accountants in E&O and related matters throughout Pennsylvania and Maryland.

Chris is a graduate of The Pennsylvania State University and The Pennsylvania State University Dickinson School of Law. During law school, Chris clerked for the Hon. Robert J. Woodside in the United States Bankruptcy Court for the Middle District of Pennsylvania. Chris also served as judicial law clerk for the Hon. Ronald B. Graves in the Civil Division of the Superior Court of New Jersey.

Chris is a certified mediator, and he works as a pro bono mediator for the Middle District of Pennsylvania mediation program and the Cumberland County Bar Association Fee Dispute Committee. For many years, Chris served as an adjunct instructor at the Penn State Dickinson School of Law for its Problem Solving I/ Law Practice I – Critical Skills course, and he assisted Dickinson’s National Mock Trial Team as both a judge and sparring attorney. Chris also devotes a portion of his time as a volunteer for the Wills for Heroes Program. Additionally, Chris is a Member of the Knights of Columbus Council 13100 and Saint Martin’s Assembly 2708.

    • Penn State Dickinson Law (J.D., 2001)
    • The Pennsylvania State University (B.A., 1998)
    • New Jersey, 2001
    • U.S. District Court District of New Jersey, 2001
    • Pennsylvania, 2006
    • U.S. District Court Middle District of Pennsylvania, 2006
    • U.S. District Court Eastern District of Pennsylvania, 2007
    • Maryland, 2018
    • U.S. District Court District of Maryland, 2018
    • U.S. District Court Western District of Pennsylvania, 2018
    • U.S. Court of Appeals 3rd Circuit, 2021
    • AV® Preeminent™ by Martindale-Hubbell®
    • Susquehanna Valley Select Lawyers™ (2014)
    • Cumberland County Bar Association, Member, Fee Dispute Committee
    • Knights of Columbus Council 13100 and Saint Martin’s Assembly 2708
    • Middle District of Pennsylvania Chapter of the Federal Bar Association
    • Pennsylvania Bar Association
    • Pennsylvania Bar Assocation, Legal Services for Exceptional Children Committee
    • Professional Liability Defense Federation, Vice Chair, Municipal, School Leaders and Miscellaneous Liability Committee
    • Saint Thomas More Society
    • Certified Mediator, U.S. District Court, Middle District of Pennsylvania
    • Civil Rights Litigation, The Courts and the Community: An Educational Series for the Public, April 1, 2026
    • Left Behind? Today’s U.S. Department of Education and the Potential Impact on Special Education and Disability Services, PBI’s Exceptional Children Conference. October 24, 2025
    • Hot Topics in Employment Law, PBA Law Firm Administrators Conference, April 30, 2025
    • From Complaint to Appeal And Beyond: Litigating a Special Education Due Process Case, PBI Exceptional Children Conference, October 18, 2024.
    • UNcivil Discourse: The 1st Amendment and Regulating Speech at Public School Board Meetings, Professional Liability Defense Federation (PLDF) 2024 Annual Meeting, September 26, 2024
    • Extended School Year – It's Not Summer School, PBI Exceptional Children Conference, October 13, 2023
    • Special Education Litigation: Best Practices for Avoiding Liability, and Strategies for a Successful Defense, Professional Liability Defense Federation Annual Meeting, September 2022
    • Why Schools Need to Be Thinking About Title IX: Effectively Navigating the Evolving Legal Issues Surrounding Gender Identity, Professional Liability Defense Federation Annual Meeting, October 2021
    • Federal Law and the Art of Email Maintenance: When Must Emails Be Produced Under IDEA and FERPA, PBI Exceptional Children Conference, October 2019
    • Navigating the Bermuda Triangle: The Intersection of Workers' Compensation, the FMLA and the ADA, County Commissioners Association of Pennsylvania, March 2019
    • The Risks of Failing to Report School Leaders Liability Claims, Pennsylvania Association for Supervision and Curriculum Development, October 2017
    • The Thin Blue Line in School, Lehigh University Special Education Law Conference, May 2017
    • Dyslexia: Much More Than What We Thought, Lehigh University Special Education Law Conference, May 2016 
    • Advanced Functional Behavior Assessments and Behavior Support Plans, PBI Exceptional Children Conference, October 2015
    • Successfully Handling Disciplinary Actions for Special Needs Students, National Business Institute, December 2014
    • Best Practices for Technology and Social Media in the Workplace, Estate Planning Council of Central Pennsylvania, Inc., February 2014
    • Insurance Agents and Brokers Best Claims Practices in Claims Administration and Underwriting, Liberty Mutual Insurance, December 2013
    • Avoiding Liability in Special Education, Central Dauphin School District, August 2013
    • PBA Malpractice Avoidance Program, Perry County Bar Association, April 2013
    • Avoiding Legal Malpractice, PBA Malpractice Avoidance Program, Adams County Bar Association, April 2012
    • Avoiding Liability as Sellers' Agents in Residential Real Estate Transactions, Particularly with Regard to the Disclosure of Material Defects in the Property, Educational Development School of Real Estate, March 2012
    • Malpractice Avoidance Program, PBA Malpractice Avoidance Program, Mifflin and Juniata County Bar Associations, October 2011
    • PBA Malpractice Avoidance Program, Dauphin County Bar Association, August 2011
    • Avoiding Liability in Special Education, Pottsville Area School District, August 2011
    • Avoiding Liability in Special Education, Palmyra Area School District, August 2010
    • “Let’s Give a Cheer for Free Speech: U.S. Supreme Court Holds School District Cannot Discipline Cheerleader for Off-Campus Snapchat Posts,” Professional Liability Defense Quarterly, Vol. 13, No. 3, 2021
    • "Bullies In the Schoolyard and Beyond: Avoiding and Defending Federal Bullying Claims Against Schools and School Leaders," Professional Liability Defense Quarterly, Vol. 13, Issue 1, 2021
    • "Educating Pa.'s Special Needs Students During the COVID-19 Pandemic," The Legal Intelligencer, May, 2020
    • “This Is Exhausting! Parents of Special Needs Children Who Allege Educational Harm Must Exhaust Administrative Remedies Under the IDEA Before Filing Lawsuit," Lorman, August 2017 
    • “This Is Exhausting! Parents of Special Needs Children Who Allege Educational Harm Must Exhaust Administrative Remedies Under the IDEA Before Filing Lawsuit,” Defense Digest, Vol. 23, No. 1, March 2017
    • "The IDEA Statute of Limitations (Finally!) Explained," Defense Digest, Vol. 21, No. 4, December 2015
    • "Does At-Will Employment Still Exist in Pennsylvania?," The Legal Intelligencer, Labor & Employment Supplement, June 24, 2014
    • "State Courts May Exercise Jurisdiction in Legal Malpractice Actions Arising Out of Patent Litigation," Defense Digest, Vol. 19, No. 2, June 2013
    • "The Third Circuit Holds That Private Employers Are Not Prohibited By Bankruptcy Code From Denying Employment To Individuals Who Previously Filed For Bankruptcy," Defense Digest, Vol. 17, No. 2, June, 2011
    • "Forum The Bell Tolls: Plaintiffs Lose Challenge To Validity Of Forum Selection Clause In Their Auto Insurance Policy," Defense Digest, Vol. 16, No. 1, 2010
    • "Ninth Circuit Holds Private Tuition Is Reimbursable Under IDEA Even Though Student Never Received Special Education From School District," Defense Digest, Vol. 14, No. 4, December, 2008
    • "Remedies for Disabled Students Curtailed," New Jersey Law Journal, Vol. CXCI, No. 2, Jan. 14, 2008
    • "School's Out: The Third Circuit Precludes Use of 42 U.S.C. 1983 to Remedy Violations of IDEA and the Rehabilitation Act," Defense Digest, Vol. 13, No. 3, September, 2007
    • "Pennsylvania Superior Court Limits Duty Of Insurance Brokers," Defense Digest, Vol. 12, No. 4, December, 2006
    • Godfrey v. Southern York County School District, 2019 U.S. Dist. LEXIS 96736 (M.D. Pa. 2019) (summary judgment in favor of school district dismissing ADEA age discrimination and retaliation claims by former teacher)
    • Defense verdict following jury trial representing insurance agency and its owner in case involving claims of professional negligence.
    • K.E. v. Lincoln Intermediate Unit, 2017 U.S. Dist. LEXIS 163489 (M.D. Pa. 2017) (summary judgment dismissing claims against intermediate unit by former student alleging Title IX and 1983 civil rights violations)
    • Rohrbaugh v. Lincoln Intermediate Unit, 255 F. Supp. 3d 589 (M.D. Pa. 2017) (dismissal of claims against intermediate unit by student under 504 of Rehabilitation Act of 1973 for failure to exhaust administrative remedies
    • Judge v. Shikellamy School District, 2017 U.S. Dist. LEXIS 65694 (M.D. Pa. 2017) (summary judgment dismissing claims by former principal alleging violation of Procedural Due Process rights, breach of employment contract and constructive discharge).
    • Defense award at arbitration in declaratory judgment action brought against condominium association.
    • A.V. v. Capital Area Intermediate Unit, ODR File No. 18090-1617 (successful defense of intermediate unit in special education due process hearing)
    • Hollinghead v. York City Sewer Authority, 2014 U.S. Dist. LEXIS 43202 (M.D. Pa. 2014) (Summary judgment dismissing Title VII, PHRA and 1983 claims by a City employees alleging race discrimination and retaliation).
    • Schuback v. Law Office of Phillip S. VanEmbden, 2013 U.S. Dist. LEXIS 18379 (M.D. Pa. 2013) (Judgment on the pleadings in favor of attorneys sued for alleged violations of the Fair Debt Collection Practices Act).
    • Thomas v. Thomas, 2012 U.S. Dist. LEXIS 83320 (M.D. Pa. 2012) (Dismissal of 14th Amendment claims against an attorney for alleged abuse of process and wrongful use of civil proceedings).
    • Munir v. Pottsville Area School District, 2012 U.S. Dist. LEXIS 82966 (M.D. Pa. 2012) (Summary judgment dismissing action by parent against school district under the Individuals with Disabilities Education Act and Rehabilitation Act).
    • Hocker v. CitiMortgage, 2012 U.S. Dist. LEXIS 76867 (M.D. Pa. 2012) (Dismissal of claims against mortgage lender under the federal Real Estate Settlement Procedures Act by alleged victim of a housing fraud scam).
    • Baltimore v. Harrisburg Parking Authority, 2010 U.S. Dist. LEXIS 59508 (M.D. Pa. 2010) (Summary judgment dismissing action against parking authority by former employee who claimed she was terminated from her employment in violation of her 1st and 14th Amendment rights).
    • Gregory v. Derry Township School District, 2010 U.S. Dist. LEXIS 1875 (M.D. Pa. 2010) (Summary judgment dismissing claims against school district, administrators and school board members in action by former teacher who alleged she was terminated from her employment in violation of her federal civil rights).
    • Walsh v. Dallastown Area School District, 2009 U.S. Dist. LEXIS 71266 (M.D. Pa. 2008) (Summary judgment dismissing claims by parent and students against school district, administrators and staff members of claims brought under federal and state wiretap laws and 4th Amendment).
    • Defense award at arbitration in negligence action brought against insurance agency and owners of the agency.

Results

Summary Judgment Obtained for a Homeowners’ Association

We secured summary judgment for a homeowners’ association. The plaintiff owned an apartment in a planned community and sought to drill a hole through the exterior wall of the building to vent an HVAC unit. The HOA denied his request, and the plaintiff asserted claims of negligence and breach of the duty of good faith and fair dealings, alleging that the HOA treated him unfairly by denying his request. Despite providing numerous photos of other holes through the exterior wall of the building, the plaintiff admitted during his deposition that they did not know whether the HOA had ever permitted another unit owner to drill a hole in the exterior wall. We successfully argued that the plaintiff could not put forth any evidence demonstrating unfair treatment, or that the request had been denied in bad faith. 

Secured Dismissal of a Suit Against a Dauphin County School District

We achieved dismissal of a suit against a school district by way of preliminary objections. The Dauphin County case involved allegations that the district deprived the plaintiffs of certain educational rights, premised on procedural due process violations, negligence and subornation of perjury. Preliminary objections were filed to the plaintiffs’ original complaint on both procedural and substantive grounds. Following the filing of an amended complaint and additional preliminary objections on similar grounds, argument was held. As a result, the court agreed with the defendant and dismissed the plaintiffs’ amended complaint with prejudice. 

Thought Leadership

Legal Updates for Special Education Law

The Office for Dispute Resolution’s Annual Report for Fiscal Year 2024 Details Due Process Filings, Bureau of Special Education Complaints

March 5, 2026

In late November 2025, the Office for Dispute Resolution (ODR) released its annual report for fiscal year 2024 (July 1, 2024 - June 30, 2025).  In the report, the ODR provided detailed information about due process litigation in Pennsylvania for the entire fiscal year. In all, there were 900 requests for due process filed with ODR, a slight decrease from fiscal year 2023, which saw 958 cases filed. A majority of the cases were filed on behalf of parents/guardians/students by legal counsel, although 112 cases were filed pro se. Most of the 900 cases involved claims under the IDEA/Chapter 14 for school-age/non-gifted students. Only 14 cases were filed solely under Section 504/Chapter 15. As has been the case for the past 20 years, due process litigation was most active in the City of Philadelphia and the southeastern Pennsylvania counties approximate to the city. There were 236 requests for due process filed within Philadelphia Intermediate Unit 26 alone.  More than 50 requests for due process were filed within Montgomery County Intermediate Unit 23 (84), Delaware County Intermediate Unit 25 (76), and Bucks County Intermediate Unit 22 (53). The only other intermediate units outside southeastern Pennsylvania that saw more than 50 due process filings were the Northeastern Educational Intermediate Unit 19 (65) and the Allegheny Intermediate Unit 3 (53). For all school-age/non-gifted cases, the most predominant issue raised in the due process filings involved the IEP (development/implementation), with 442 occurrences. The next most prevalent issue was compensatory education (425 occurrences) followed by school evaluations (192 occurrences). Although 900 due process cases were filed during fiscal year 2024, only 55 resulted in a written hearing officer decision. Most of the cases ended in a negotiated resolution, either outside of the IDEA resolution period (357 cases) or during the resolution period (214 cases).  Nearly 150 cases were either dismissed outright (24 cases) or voluntarily withdrawn (123 cases).  A significant number of cases filed in fiscal year 2024 remained active at of the end of the fiscal year and carried over into the next fiscal year (127 cases).  Causes of the 24 case dismissals included a lack of hearing officer jurisdiction (10 cases), improper party name (4), res judicata/mootness (4), a case being consolidated with another case (4) or no response from the parent (2). As to the 55 cases in which a hearing officer issued a written decision, the hearing officer found for the LEA in 21 cases, for the parent in 18 cases, and for both the parent and LEA in 16 cases. Notably, of these 55 cases, 21 involved pro se litigants.  The hearing officer found for the LEA in 14 of the pro se cases and for the parent/ guardian in 4 of the cases. In three of the pro se cases, the hearing officer found for the parent in part and the LEA in part. Also of note, during fiscal year 2024,19 cases were appealed to federal court, and only one case was appealed to state court. Only four of these appeals involved due process requests filed during fiscal year 2024, as the balance of the due process cases at issue were filed prior to 2024. Of the appeals filed during fiscal year 2024, parents were responsible for 75% of the filings.  Three of the appeals dealt solely with the issue of attorney fees. At the close of fiscal year 2024, 17 of the 20 cases were still pending on appeal. One case was dismissed following a settlement, another based upon the final resolution of a separate but related matter, and a third following a court-approved settlement. In that instance, the case was marked settled on the docket, and the court vacated its prior order remanding the case to the hearing officer.  Thirteen of the federal court appeals were filed with the Eastern District of Pennsylvania, three with the Middle District of Pennsylvania, and three with the Western District of Pennsylvania. ODR also reported on compliance complaints filed with the Bureau of Special Education (BSE), including complaints under Section 504/Chapter 15. In all, 179 complaints were filed with BSE.  Of these cases, 50 resolved with a finding by BSE of LEA non-compliance. Seven complaints were dismissed or held in abeyance as the issues were being addressed in a due process complaint and 68 of the complaints were either resolved, withdrawn, or dismissed for not falling within the jurisdiction of the BSE. For more information on ODR’s Annual Report, see: https://odr-pa.us12.list-manage.com/track/click?u=e6553c8850beb32e3c7ea9c8c&id=a1449490fc&e=bf4ea9f318

Legal Updates for Real Estate E&O Liability

When Is a Symbol of Hate Not a Material Defect in Property?

February 1, 2026

Daniel and Lynn Rae Wentworth purchased a home in Beaver County, Pennsylvania from Juergen Steinmetz. According to their complaint, after moving into the home, the Wentworths discovered a swastika under rugs in the basement and what they perceived to be a Nazi eagle incorporated into the floor tile pattern. The Wentworths claimed that had they previously known about the symbols in the floor tile, they would not have purchased the home. They also alleged that they could not be expected to live in the home in that condition, nor could they sell the home, and that it would cost $30,000.00 to remove the symbols and replace the floor tile. The Wentworths filed suit against Steinmetz under the Pennsylvania Real Estate Seller Disclosure Law (RESDL), alleging he failed to disclose a “material defect” in the property prior to closing, seeking compensatory and punitive damages. Steinmetz filed preliminary objections in response to the complaint denying creating the floor pattern in support of Nazism. Steinmetz argued that the swastika is an ancient symbol embraced by various world cultures, and that its existence predates use by the Nazis. Yet, the Wentworths argued that since the swastika in the floor, “styled in the fashion that [was] used by the Nazis,” was situated in such close proximity to the German eagle, no reasonable person could believe the symbols were intended to be imagery referencing any other culture. For purposes of resolving the preliminary objections, the court set aside Steinmetz’s “subjective intent” and accepted the Wentworths’ allegations that these were indeed pro-Nazi symbols, and would be viewed as such to guests in the home or to prospective buyers. Steinmetz also argued that even accepting the Wentworths’ allegations as true, the symbols in the floor tile were not a “material defect” that he was required to disclose to prospective buyers. Relying in part on Milliken v. Jacono, 103 A. 3d 806 (Pa. 2014), he argued that attributes of a property giving rise to a psychological stigma, like the alleged Nazi symbols in the floor, are not material defects required to be disclosed under the RESDL. The trial court agreed, and found that Milliken foreclosed the Wentworths’ claims. Although the trial court recognized the imagery in the floor was “disturbing,” it was still merely a cosmetic flaw that could be covered up, and it was not a physical or structural property that posed an unreasonable risk or an impediment to the use and enjoyment of the property. The trial court sustained the preliminary objections and dismissed the complaint. On appeal, the Pennsylvania Superior Court revisited Milliken, considering whether the occurrence of a murder and suicide in a home was an undisclosed material defect justifying a cause of action. The Supreme Court in Milliken concluded it was not, reasoning the deaths did “not constitute an actionable material defect,” and in so holding noted the myriad “traumatizing events that could occur on a property” and that “[e]fforts to define those that warrant mandatory disclosure would be a Sisyphean task.” Milliken, 103 A. 3d at 807, 810. The Superior Court agreed and concluded the Wentworths’ claims failed “because they suffer from the same lack of an objectively-quantifiable flaw as the one alleged in Milliken.” The Superior Court further reasoned: In each scenario, the existence, and degree, of the defect is in the eye of the beholder. Certainly, a significant portion of homebuyers would eschew a house with a crude mosaic of Nazi iconography in its basement. Yet there is, sadly but undeniably, a segment of the population who would deem it an asset to the property. Further, even among the majority of prospective buyers who would not welcome having hate symbols adorning their basement floor, the degree to which the images impacted the value of the property would inevitably vary from person to person. Relying on Milliken, the Superior Court noted, “that condition of the property constituting a material defect must be one that not only substantially impacts the value of the real estate, but lends itself to recognition and quantification by objective standards.” Although the Superior Court was sensitive to “the Wentworths’ outrage [and] their concern that the existence of the images could taint them as Nazi supporters,” still the court found “that that the symbols on the Wentworths’ otherwise sound and functional tile floor do not constitute a material defect that Steinmetz had a duty to disclose.” The decision of the trial court was affirmed.  Although the seller in Wentworth was successful in defending the lawsuit, real estate professionals should still discuss with their seller clients whether there may be a hidden aesthetic characteristic in the home that a potential buyer might find to be offensive, particularly if it is not discovered until after closing. While such a characteristic ultimately may not arise to a “material defect” under the RESDL, it still could lead to costly litigation that the seller (and perhaps the seller’s agent and broker) might have to defend.  Real estate professionals may wish to advise their seller clients to remove any such hidden characteristic even before the property is listed for sale. This will help to avoid needless litigation down the road and also likely will expand the pool of potential buyers. For further reading, see: Wentworth v. Steinmetz, 2025 PA Super 253, --- A. 3d --- (2025).

Firm Highlights

Thought Leadership

What’s Hot in Workers’ Comp - News and Results*

RESULTS* Ben Durstein (Wilmington) obtained a favorable decision involving a claimant who fractured his patella in a work accident requiring two surgeries. The IAB rejected the claimant’s medical expert’s opinion that he sustained a 25% permanent impairment to the right lower extremity. Instead, the board accepted the opinion of the employer’s medical expert that the appropriate permanency was 13% utilizing the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment. Tony Natale III (King of Prussia) successfully had a claim petition alleging new injuries and periods of disability dismissed based on full recovery. The claimant was injured when his skid loader was struck by another loader in the process of baling hay. Original injuries were accepted and the claimant returned to work. Thereafter, the claimant abandoned work and filed a claim petition to assert new injuries and extended disability. Cross examination of the claimant’s medical expert stunningly revealed his failure to review claimant testimony, his lack of awareness of a social security disability decision detailing the existence of claimant’s alleged work-related conditions prior to the date of work injury, and his failure to understand that the claimant admitted to full recovery of injuries for which he was continuing to treat. Tony Natale III (King of Prussia) successfully obtained a defense verdict in a Medicare conditional payment lien third level appeal. The United States government alleged a Medicare conditional lien payment was due and owing in the upper six-figure range based on an auto accident and PIP policy for which the government conditionally became the primary carrier. The government argued that our client, the PIP carrier, was the primary payer and, under federal law, must reimburse the government for its conditional lien payment. At the third-level appeal hearing, the government’s position was refuted by the revelation that the date of injury tied to the medical bills associated with the lien was glaringly and chronologically prior to the insurer’s PIP policy date. The court held that based on this evidence and argument, the government could not meet its requirements to assert a lien against our client. A. Judd Woytek (King of Prussia) and John Abda (Scranton) successfully had a workers’ compensation claim petition granted for medical benefits only for a closed period with no wage loss awarded. The claimant alleged multiple injuries as the result of a very minor motor vehicle incident where a co-worker’s delivery van rolled down an incline of approximately six feet, and bumped into the rear of the claimant’s delivery van. He claimed he was thrown forward and suffered head and neck injuries, along with aggravating a pre-existing ankle injury. The claimant was also terminated following the accident for having a large hunting knife in his van, which was against the employer’s workplace violence policy. The judge granted the claim for a mild concussion and an ankle contusion, but terminated medical benefits as of the date of our IME’s. The judge found that no wage loss benefits were payable as the claimant was terminated for cause and work remained available to him. The judge found our medical experts to be more credible than the claimant’s, along with finding our four employer witnesses to all be credible. The trial team was assisted by paralegal Bonnie Zemek (King of Prussia). Eric Scott Thompson (Wilmington) was successful in a workers’ compensation matter in Delaware. On October 15, 2024, the claimant was injured while performing fire training in a multistory building when he tripped over a fire line, injuring his right knee. The claimant received regular and consistent treatment for the right knee through August 29, 2025, when he presented with left knee complaints for the first time. His treating orthopedist diagnosed a hamstring strain. The claimant was next seen October 15, 2025, with continued left knee complaints, and was referred to a total knee doctor within the practice. He was then diagnosed with a posterior root tear of the medial meniscus. Our expert testified that it was not plausible for a lateral hamstring strain to progress to a meniscal tear in two months. The claimant required a total knee replacement that was ultimately performed in February 2026. In the six months between the time of initial presentation with left knee complaints and the total knee replacement, conservative care consisted of a single injection. Our expert testified that posterior root media meniscal tears can respond to conservative care, and it was not known if it would with the claimant because it was not adequately explored. The Industrial Accident Board agreed with our expert and determined that the claimant failed to meet the burden of establishing more likely than not that the left knee complaints were caused by overloading/overuse as a result of the compensable injury to the right knee. They also agreed that the claimant was able to return to work in a sedentary capacity as opined by his physicians and our expert prior to the left total knee replacement and that there were employment opportunities available within his restrictions and capabilities as presented by the vocational expert. As a result, the claimant was no longer entitled to total disability benefits and will receive partial disability benefits for which he is limited to 300 weeks. Michele Punturi (Philadelphia) and Alana Staniszewski (Pittsburgh) had a termination petition granted in a Pennsylvania workers’ compensation case. The petition involved an echocardiography technologist with long-term employment at a local hospital who sustained a right shoulder injury resulting in surgery in January 2024. Following surgery, the claimant was diagnosed with a frozen shoulder and underwent additional surgery in June 2024, with a recommendation for a third surgery. The opinions of the defense medical expert, a Board-certified orthopedic surgeon, were found credible, persuasive, and competent based upon the extensive history he obtained from the claimant, analysis of the mechanism of injury, and review of records, along with comparison of MRIs from October 2023, February 11, 2024, and January 6, 2025, which failed to reveal any causal relationship other than a strain/sprain of the right shoulder. This evidence supported that the claimant had fully recovered, and was not in need of any ongoing medical treatment and/or restrictions. In particular, despite allegations of injuries beyond a sprain/strain, the defense medical expert identified that those allegations were not consistent with what was found at the time of surgery, and elements of the surgery were to treat a chronic and degenerative condition. Additionally there were no ongoing issues or problems with the subscapularis, which was intact, consistent with the follow-up MRI of February 11, 2024, and the claimant did not have evidence of a frozen shoulder. In fact, the MRIs and mechanism of injury, he opined, did not support any injury causing tendonitis or inflammatory conditions within the bicep tendon. Furthermore, multiple days of surveillance footage demonstrated the claimant’s normal use, with the ability to sweep and shovel snow, operate her vehicle, raise her arms above shoulder level, and use a broom – all without any observable difficulty, which challenged the claimant’s credibility of a disability and further established a lack of causation. As a result of this favorable decision, supersedeas fund reimbursement will be obtained for both wage loss and medical benefits through the supersedeas fund recovery process. *Prior Results Do Not Guarantee a Similar Outcome NEWS Heather Carbone (Jacksonville) was a panelist for a webinar hosted by The Workers’ Compensation Claims Professionals (WCCP) Association. As part of the “Meet the Experts” Series, the speakers addressed “Afterthoughts that Undermine a Successful Mediation,” highlighting the pitfalls and challenges of underprepared or unprepared mediation participants. The discussion included appropriate pre-mediation communications, setting of expectations, management of expectations, and working through the unexpected or unprepared. Attendees gained ideas about how and when to prepare, best practices, and the potential for non-parties (spouse, significant other, risk owners-insurers) to have differing perspectives or concerns than the actual employee and employer. On May 21-22, 2026, A. Judd Woytek, (King of Prussia) joined a panel at the CLM Alliance (Claims and Litigation Management Alliance) Work Comp Conference in Nashville to present "We See You: How Employee Engagement Enhances Work Comp Outcomes." Judd and his fellow panelists discussed the positive impact of employee engagement on claim outcomes, return-to-work timelines, and overall claim costs.

Thought Leadership

NJ Workers' Compensation Legislation Update

A couple more bills were introduced for the 2026-27 session. Any updates since February have been highlighted in bold. A1023 | S3984 Medical use of cannabis under certain circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045 Certain injuries to volunteer and professional public safety and law enforcement personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A3724 Personal liability to employer officers for failure to pay for coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617 Certain workers' compensation supplemental benefits and funding method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026, and referred to the Assembly Labor Committee. S241 Inclusion in database of appointed officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. A1870 | S1379 Workers' compensation benefits for certain workers due to September 11, 2001, terrorist attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. S2290 Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026, and referred to the Senate Judiciary Committee. A3167 | S2372 Workers’ compensation insurance requirements for certain corporations and partnerships. This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1384 | S2757 Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. S3144 Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026, and referred to the Senate Labor Committee. S3342 Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026, and referred to the Senate Judiciary Committee. A3548 | S3571 Maximum benefits for certain volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment.. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.