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James E. Pocius

Of Counsel
Chair, Medicare Set-Aside Practice Group
50 Glenmaura National Boulevard
Moosic, PA 18507
(570) 496-4601
(570) 496-0567 - Fax
jepocius@mdwcg.com

Jim is the chair of the Medicare Set-Aside Practice Group. He acts as national Medicare counsel for several clients and has obtained more than 1,000 Medicare set-aside approvals. Most of Jim's practice concerns Medicare issues in both liability and workers' compensation cases. He negotiated the Medicare set-aside guidelines with Centers for Medicare and Medicaid Services and maintains a national Medicare practice.

Since joining Marshall Dennehey in 1992, when the firm assumed his practice in Scranton, Pennsylvania, Jim has developed extensive experience in the defense of workers' compensation matters and defense liability claims. He has litigated hundreds of workers' compensation cases in the state courts of Pennsylvania and has also litigated hundreds of federal black lung cases. Jim has provided counsel to clients regarding workers' compensation settlements, workers' compensation issues nationally and Medicare set-asides.

Jim served as a legal advisor to LRP's National Workers' Compensation Program and is the editor-in-chief of the Pennsylvania Chamber of Commerce's Workers' Compensation Manual. He is a former vice chair of the Workers' Compensation Committee in the General Practice, Solo and Small Firm Section of the American Bar Association. Jim is a member of the Pennsylvania Defense Institute and was named a Pennsylvania Super Lawyer in 2006 and 2009 in the area of workers' compensation.

Jim has addressed many groups on a national basis with regard to workers' compensation matters. He has been published nationally in the Compleat Lawyer (the ABA publication) and in the Pennsylvania Bar Association's Quarterly with regard to the Heart and Lung Act and Pennsylvania Workers' Compensation Act in Pennsylvania. Jim has lectured for the Pennsylvania Bar Institute, National Business Institute, Lorman Business Institute and Pennsylvania Chamber of Commerce. He was an adjunct professor at Marywood College teaching workers' compensation in the ABA-approved paralegal program.

After receiving a Bachelor of Arts degree from Penn State University, Jim received his juris doctor from Duquesne University in 1978. He served as a judicial law clerk to Common Pleas Judge James J. Walsh until 1979, the year in which he joined a defense firm in Scranton, Pennsylvania. Jim then had his own defense practice from 1987 until 1992.

Jim is a former board member for the St. Francis soup kitchen in Scranton, Pennsylvania.

Significant Representative Matters

  • Successfully represented an employer defending a workers' compensation claim after a near fatal car accident. The plaintiff had severe brain damage. Jim was able to prove that the claimant was intoxicated at the time of the accident and received a verdict in favor of the employer.

  • Represented an employer trucking firm with regard to a Medicare set-aside and was able to reduce the set-aside from $750,000 to $200,000.

Classes/Seminars Taught

  • An Entrée Into Medicare Advantage Plans, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017

  • SMART Law Update, Marshall Dennehey Workers' Compensation Seminars, October 19 and 27, 2016

  • Doped Up: Implications of Compound Medications, Generic Drugs and Medical Marijuana, Marshall Dennehey Workers' Compensation Seminar, October 22, 2015

  • High Anxiety: Medical Marijuana, Workers’ Comp, and Occupational Medicine, SEAK National Workers’ Compensation and Occupational Medicine Conference, Rosemont, Illinois, June 9, 2015

  • Defending Against Excessive Drug Use in Pennsylvania Workers’ Compensation Cases, Marshall Dennehey Workers' Compensation Seminar, November 6, 2014

  • Medicare Update, Marshall Dennehey Workers' Compensation Seminar, November 6, 2014

  • Worker’s Compensation and Medicare Update; Top 10 Mistakes Companies Make in Complying with Workers’ Compensation, Pennsylvania Chamber of Business and Industry Workers' Compensation Summit, Hershey, Pennsylvania, October 1, 2014

  • Avoiding Medicare Disasters When Settling Your Cases, Marshall Dennehey Florida Claims Symposium - The Best Defense is a Good Offense, Orlando, FL, September 17, 2014

  • Medicare Secondary Payer Issues: Ask the Expert, National Workers' Compensation and Disability Conference & Expo, Las Vegas, Nevada, November 20, 2013

  • What You Need to Know About Medicare Set-Asides, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013

  • The Medicare Mystery and Your Settlements: Medicare Set-Aside Update, SEAK National Workers’ Compensation and Occupational Medicine Conference, July 2013

  • Think Tank on Medicare Issues Related to Workers’ Compensation, facilitator, National Workers' Compensation and Disability Conference & Expo, November 2012

  • MRIs and Knee Replacements: Two Easy Targets to Cut Medical Costs, National Workers' Compensation and Disability Conference & Expo, November 2012

  • Avoiding Settlement Disasters Regarding Medicare and Workers' Compensation and Liability Cases, Louisiana Bar Association, August 2011

  • Concerning Medicare Issues, Florida Workers' Compensation Conference, June 2011

  •  Avoiding Settlement Disasters Regarding Medicare Issues, Kentucky Bar Association, June 2010

  • Update on Medicare Set-Asides 2010 and panel speaker for Discussion on New Medical Devices and Medications, PESI National Workers' Compensation Conference, February 2010

  • Workers' Compensation Boot Camp, Orthopedics Du Jour, and How to Cope with Constant Change, LRP National Workers' Compensation Conference, November 2009

  • Workers' Compensation Settlement Strategies, IRMI National Construction Conference, November 2009

  • Medicare webinar, Risk & Insurance Magazine, April 2009

  • Experimental and New Medical Devices and How to Avoid MSA Disasters When Settling Workers' Compensation and Liability Cases, PESI National Workers' Compensation Conference, February 2009

  • Great Workers' Compensation Debate, How to Avoid 10 Costly Litigation Errors, and Medicare Set-Asides: Ask the Expert, LRP National Workers' Compensation Conference, November 2008

  • Coming and Going Rule - When is Worker Covered Under Workers' Compensation Statutes? and Update on Medicare Set-Asides, PESI National Workers' Compensation Conference, October 2008

  • Experts Debate Key Issues in Workers' Compensation, Settling the Catastrophic Workers' Compensation Claim, and  Medicare and Workers' Compensation - Where Are we Now, LRP National Workers' Compensation Conference, November 2007

  • Complex Workers' Compensation Case Settlements, Pennsylvania Department of Labor Workers' Compensation Conference, May 2007

  • Medicare Set-Asides and Workers' Compensation, National RIMS Conference, April 2007

  • Case Law Developments - Top 20 Cases of the Year and Medicare's Interest in W.C. Settlements, PESI National Workers' Compensation Conference, April 2007

  • Medicare and Settlements in Workers' Compensation, Maryland Bar Association, 2007

  • Advantages of Coordinating the Defense of Workers' Compensation Cases and Unemployment Cases, PESI National Workers' Compensation Conference, February 2007

  • Settling the Difficult Workers' Compensation Claim, LRP National Workers' Compensation Conference, January 2007

  • Medicare Issues: Ask the Expert, LRP National Workers' Compensation Conference, 2006-2011

  • Advantages of Coordinating the Defense of Workers' Compensation Cases and Unemployment Cases, LRP National Workers' Compensation Conference, November 2006

  • Medicare Issues and PA Law Update in Workers' Compensation, Pennsylvania Chamber of Commerce Workers' Compensation Seminar, 2006

  • National Workers' Compensation Issues, IRMI National Construction Conference, October 2006

  • Medicare Issues With Regard to Workers' Compensation, PESI National Workers' Compensation Conference and LRP National Workers' Compensation Conference, 2005

  • Medicare Set-Asides and Workers' Compensation, Central Ohio Self-Insureds Association, 2004

  • Medicare Set-Aside Update, National Council of Self-Insureds, 2004

  • Medicare Regulations and Their Effect on Workers' Compensation, National RIMS Conference, 2004

  • Medicare and Workers' Compensation, National Council of Self-Insureds, 2001

  • Twenty-Four Hour Coverage and National Trends in Workers' Compensation, CPCU Society, Grand Rapids, Michigan, 1997

  • Speaker for the Lorman Business Institute regarding various problems and analysis in Pennsylvania workers' compensation, 1992 - 1997

  • Setoffs Under Act 57, Pennsylvania Bar Institute, September 1997

  • Panel speaker regarding combined problems of workers' compensation, unemployment and Americans with Disabilities Act from the defense viewpoint, National Workers' Compensation and Disability Conference, November 1996

  • Repetitive Trauma in Workers' Compensation Cases, American Bar Association, 1996 and 1997

  • Analysis of Act 57 and Predictions for the Future, CPCU Society, Reading, Pennsylvania, 1996

  • The Holding by the Pennsylvania Supreme Court in the Randall v. Bethlehem Steel Case Affirming Termination, Pennsylvania Bar Institute, Fall Program, 1996

  • Attorney's Fees and Penalties Under the Pennsylvania Workers' Compensation Act, Pennsylvania Bar Institute, Fall Program, 1992

Published Works

  • Pennsylvania Workers' Compensation Guide, Eighth Edition, Pennsylvania Chamber of Business and Industry, co-editor-in-chief, 2016

  • "On The March: Insurers Brace For Increased Costs Due to Returning United States Veterans," Best's Review, February 2014 and Defense Digest, Vol. 20, No. 2, June 2014

  • Multiple articles published in Counterpoint, the official newsletter of the Pennsylvania Defense Institute, on behalf of Marshall Dennehey, concerning multiple workers' compensation issues

  • "Medicare Set-Asides Go Skyward," Risk & Insurance magazine, 2006

  • "The Odd Couple: Medicare and Workers' Compensation Settlements," Journal of Construction Accounting and Taxation, 2003

  • "Commonwealth Court Continues to Define 'Incarceration' Under the Workers' Compensation Act," Counterpoint, January 2000

  • "Commonwealth Court Changes The Rules On Medical Testimony In Pennsylvania," Workers' Compensation PSIA Newsletter, January 1999

  • "Offsets Under Act 57," co-author; Pennsylvania Bar Institute, September 1997

  • "Litigation in Workers' Compensation Claims," co-author; American Bar Association, Compleat Lawyer, July 1997

  • "Defining the ADA," co-author; Pennsylvanian magazine, May 1997

  • "Analysis of the Federal Coal Mine Safety Act," (Federal Black Lung), co-author; International Risk Management, 1996

  • "Interaction Between the Pennsylvania Workers' Compensation Act and the Heart and Lung Act," Pennsylvania Bar Association Quarterly, July 1995

  • "Attorney's Fees and Penalties," Pennsylvania Bar Institute, 1992

Education

  • Duquesne University School of Law, Pittsburgh, Pennsylvania (J.D., 1978)

    Honors: Student Rep. to the American Bar Association, 1977

  • Pennsylvania State University, University Park, Pennsylvania (B.A., 1974)

    Major: Political Science

Past Employment Positions

  • Marywood College, Scranton, associate professor, Legal Studies Program, 1987, 1989, 1991

  • City of Scranton, Assistant Solicitor, 1988-1989

  • Worker's Compensation Guide, Pennsylvania Chamber of Business & Industry, co-editor-in-chief, 1997-present

What's Hot in Worker's Comp February 7, 2018
Law Alerts September 9, 2016
Eleventh Circuit Court of Appeals Requires a Liability Insurance Carrier to Pay TWICE After It Grants a Medicare Advantage Plan a Cause of Action   In a case that will have far reaching effects across the country, the Eleventh Circuit Court of..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Defense Digest Article June 1, 2014
By James E. Pocius, Esq.* *Editor’s Note: This article was previously published in the February 2014 issue of Best’s Review® magazine and is being reprinted with permission. Key Points: What Happened: The Department of...
Law Alerts January 16, 2013
Anyone who has settled liability or workers' compensation claims in the past couple of years knows how difficult it can be to understand and comply with the Medicare secondary payer rules regarding the reimbursement of liens, as set forth in...
Defense Digest Article March 1, 2011
Medicare Law Practice Group The Medicare Set Aside Practice Group is centered in the Scranton, Pennsylvania, office of Marshall Dennehey Warner Coleman & Goggin and is chaired by James E. Pocius, with Ross A. Carrozza as vice-chairman. Both Jim..., Defense Digest, Vol. 17, No. 1, March 2011
Articles April 1, 2009
Risk & Insurance, April 1, 2009
Articles March 1, 2009
Pennsylvania Self-Insurer's Association Workers' Compensation Newsletter, March 2009
Conference Nov 9, 2011
James Pocius, Esquire, will be a presenter at the 20th Annual Workers' Compensation and Disability Conference and Expo in Las Vegas on November 9-11.  There's no letup in the confusion and expense of complying with the Medicare...
Conference Nov 7, 2012
As part of the National Workers' Compensation and Disability Conference, this open forum offers a unique opportunity to discuss Medicare-related challenges and solutions with your peers. An advanced practicum for discussing issues, strategies,...
Conference Nov 20, 2013
The National Workers' Compensation and Disability Conference® & Expo is the industry's leading training event, attracting thousands of workers' compensation and disability management professionals from across the nation each year...
Seminar Sep 17, 2014
*Complimentary breakfast begins at 8:00am and lunch will be provided. Join the attorneys of Marshall Dennehey for a comprehensive review of the latest legal trends in Medicare, Bad Faith, Social Media Discovery and more..... Topics include:...
Seminar Oct 1, 2014
Three members of Marshall Dennehey's Workers' Compensation Department will be featured speakers at the Workers' Compensation Summit sponsored by the Pennsylvania Chamber of Business and Industry. The purpose of the Summit is to provide a...
Conference Jun 9, 2015
Jim Pocius, a shareholder in the Workers' Compensation Department, is speaking at the 35th annual SEAK National Workers' Compensation and Occupational Medicine Conference. During the informational session "High Anxiety: Medical...

Education

  • Duquesne University School of Law (J.D., 1978)
  • Pennsylvania State University (B.A., 1974)

Bar Admissions

  • Pennsylvania, 1978

Associations & Memberships

  • American Bar Association
  • Lackawanna County Bar Association
  • Pennsylvania Bar Association
  • Pennsylvania Defense Institute

Honors & Awards

  • AV® Preeminent™ by Martindale-Hubbell®
  • Pennsylvania Super Lawyer, 2005-2009
  • PESI Dedication to Excellence and Continuing Professional Education Award, 2002
  • Outstanding Author Award, Pennsylvania Chamber of Commerce, 1998

Year Joined Organization: 1992

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