.

Since joining our firm, Paul has worked on many diverse types of cases, including professional liability matters involving attorneys, accountants, real estate and insurance agents; products liability cases; civil rights claims; insurance coverage issues; and general liability matters. He presently focuses his practice on personal injury matters in transportation/trucking liability, premises liability, motor vehicle and municipal liability, and he defends all asbestos matters for the firm in the state of New Jersey.

Paul has handled close to a thousand asbestos matters and has represented plumbing, electrical, building and auto supply companies, as well as industrial boiler manufacturers and drywall product manufacturers in asbestos matters. In his career, he has represented a variety of small and large trucking companies in motor vehicle accidents and had the opportunity to handle many municipality matters throughout central and southern New Jersey on a variety of casualty claims.

Paul graduated, magna cum laude, from the University of Scranton with a Bachelors of Science degree in Psychology and a minor in Philosophy, in 1987. Following his graduation, Paul worked as a legal assistant in his father's law office before entering law school. Paul graduated from Villanova University School of Law in 1991.

After completing law school, Paul held a judicial clerkship in the Superior Court of New Jersey, Law Division in Ocean County, New Jersey. He had the opportunity to work with four different judges in this vicinage through a rotating clerkship program. Paul clerked for the Honorable James D. Clyne, the Honorable Peter J. Giovine, the Honorable Francis D. Piscal, and the Honorable Rosalie B. Cooper.

Following the one-year clerkship, in the fall of 1992, Paul worked for the Legal Aid Society of Mercer County in Trenton, New Jersey, becoming the managing attorney for the housing unit in 1994.

    • Villanova University Charles Widger School of Law (J.D., 1991)
    • University of Scranton (B.S., magna cum laude, 1987)
    • New Jersey, 1991
    • U.S. District Court District of New Jersey, 1991
    • U.S. Court of Appeals 3rd Circuit, 1991
    • AV® Preeminent™ by Martindale-Hubbell®
      The Martindale Hubbell rated attorney list is issued by Internet Brands, Inc. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • American Bar Association
    • Mercer County Bar Association
    • New Jersey Recent Court Rulings Affecting the Asbestos Litigation: Proving Cross-Claims, Forum Non Conveniens, Bankruptcy Trusts, Bare Metal, etc., HarrisMartin's New Jersey Asbestos Litigation Conference, February 13, 2019
    • Employment Law, Liability Risks and Ethics
    • Employment Law Overview of Federal and New Jersey Statutes and Case Law
    • Claims Against Public Entities - New Jersey Tort Claims Act
    • Update on Tort Reform Issues in New Jersey and Effect on Transportation Cases
    • "Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson", Marshall Dennehey Legal Update for Environmental Law, October 2023
    • "NJ Supreme Court Further Erodes Bare Metal Defense", Marshall Dennehey Legal Updates for Toxic Tort Litigation, June 8, 2020
    • "New Jersey Asbestos Case Review 2018", Marshall Dennehey Legal Updates for Toxic Tort Litigation, February 5, 2019
    • "'Bare-Ly' There – Third Circuit Strips Down Bare Metal Defense in Maritime Law," Defense Digest, Vol. 24, No. 1, March 2018
    • "Cosmetic Manufacturers' Talc Did Not Cause Asbestos Disease, NJ Jury Finds", Marshall Dennehey Legal Updates for Toxic Tort Litigation, December 2, 2015
    • "New Jersey Jury Awards $1.5 Million to 83-Year-Old Plumber for Mesothelioma", Marshall Dennehey Legal Updates for Toxic Tort Litigation, April 20, 2015
    • "NJ Supreme Court Asked to Consider Bare Metal Defense", Marshall Dennehey Legal Updates for Toxic Tort Litigation, August 1, 2014
    • "Pushing the Tort Claims Act Threshold," Defense Digest, Vol. 11, No. 3, September 2005
    • "Moving the Goalposts -Expansion of the Tort Claims Act Threshold," Defense Digest, Vol. 10, No. 1, March 2004
    • "UM/UIM 'Step Down' May Step Up to the New Jersey Supreme Court," Defense Digest, Vol. 9, No. 4, December 2003
    • "'Show Me The Money' Not Always Required by the NJ Charitable Immunity Act," Redwoods Group Articles of Interest Series, November 2003
    • "Employer Liability under the FMLA," Defense Digest, Vol. 9, No. 3, September 2003
    • "'Show Me The Money' Not Always Required by the NJ Charitable Immunity Act," Defense Digest, Vol. 9, No. 2, June 2003
    • "Employment Law -Liability, Risks and Ethics," Insurance Society of Philadelphia, October 2002
    • "Beware of Freudian Slips -Psychologist/Patient Privilege in New Jersey," Defense Digest, Vol. 8, No. 3, September 2002
    • Obtained Summary Judgment for a contractor that retained a trucking company to deliver fuel products where the settlement demand had been $3 million.
    • Obtained defense verdict at trial in a negligent maintenance claim against a forklift repair company where settlement demand was $250,000.
    • Successfully obtained summary judgment for auto parts supplier in asbestos case where the settlement demand had been $350,000.
    • Compelled defense and indemnification from a transportation carrier on behalf of a warehouse facility in a claim alleging negligent loading of the tractor trailer arguing New Jersey's loading and unloading exclusions.
    • Successfully extended the scope of the Tort Claims Act threshold in a precedent setting case so that it did not automatically exclude all injuries where temporary hardware, such as pins or rods, had been temporarily used to facilitate healing of a fracture.
    • Obtained a defense verdict in a forklift accident case through the use at trial of an engineering expert and an orthopedic medical expert.
    • Through the use of an accident reconstructionist, a biomechanical expert, orthopedic, neurological, and neuropsychiatric experts, resolved a trucking case for significantly less than the over $1 million demand.
    • Gaskill v. Mount Holly Township

Thought Leadership

Legal Updates for Asbestos and Mass Tort Litigation

Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson

October 5, 2023

On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the company’s talcum powder products caused them to be diagnosed with cancer. The jury awarded the plaintiffs an aggregate compensatory damages award of $37.3 million and a punitive damages award totaling $186.5 million.  The basis of the reversal was that the trial court did not fulfill its role as a gatekeeper for permitting only reliable expert testimony to be presented to a jury by failing to conduct pre-trial hearings on the scientific methodology and the underlying data relied upon by the plaintiffs’ expert witnesses. In the opinion, the Appellate Division reinforced the proper role of the trial court as the gatekeeper of expert witness testimony. Further, the court instructed trial courts to assess both the methodology used by the expert to arrive at an opinion as well as the underlying data used in the formation of the opinion.  Overall, the Appellate Division found that the trial court failed to hold an evidentiary hearing as to the expert testimony, failed to make legal determinations of reliability as to the methodology, and permitted the jury to make credibility determinations as to the quality of the expert testimony instead of first determining whether the expert opinion was based on sound and adequately founded scientific methodology. These errors, the Appellate Division believed, were so “wide off the mark that a manifest denial of justice resulted.” This monumental opinion raises the bar for the standard that plaintiffs must meet in pursuing claims of talc powder exposure against companies such as Johnson & Johnson. Further, it provides an avenue for talc defendants to challenge expert witnesses offering testimony for plaintiffs in a talc case. For obvious reasons, we can expect this opinion to have more of an impact in talc litigation than in asbestos claims, where the scientific methodology of expert witnesses has been studied extensively over its longstanding history. As we are seeing an increasing number of talc cases being filed, the reversal of this $224 million verdict is a useful roadmap for proper expert witness practice as well as a reassuring development for industry clients.   Legal Update for Environmental Law - October 5, 2023, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey Warner. All Rights Reserved.

Legal Updates for Asbestos and Mass Tort Litigation

New Jersey Appellate Division Strikes Down $117M Verdict in Talc/Asbestos Case Because Trial Court Did Not Properly Assess Plaintiffs’ Expert Opinions

April 30, 2021

In April 2018, a Middlesex County jury returned a verdict against Johnson & Johnson Consumer, Inc. and Imerys Talc America, Inc., finding that the plaintiff, Stephen Lanzo, was exposed to asbestos from Johnson’s baby powder and Shower to Shower powder and that this exposure caused his mesothelioma. The jury awarded $30 million in compensatory damages to Stephen Lanzo, $7 million to Kendra Lanzo for loss of consortium, and subsequently entered punitive damages awards of $55 million against Johnson & Johnson and $25 million against Imerys, for a total verdict of $117 million. Both defendants appealed, arguing that the trial judge erred by admitting unreliable expert testimony. Johnson & Johnson also appealed the trial court’s denial of their motion to sever the plaintiffs’ claims against them from the claims against Imerys based on an adverse inference jury charge against Imerys. The Appellate Division agreed with the defendants, reversing the trial court judgment and remanding the matter to the Law Division for a new trial. On the adverse inference issue, the Appellate Division held that the new trials should be conducted separately in order to avoid any potential prejudice to Johnson & Johnson caused by the adverse inference charge against Imerys. Expert – Gatekeeper Role Both defendants challenged the expert opinions expressed by two of the plaintiffs’ expert witnesses, Dr. Jacqueline Moline and Dr. James Webber, that non-asbestiform cleavage fragments from certain minerals could cause mesothelioma. The trial judge denied the defendants’ request for a Rule 104 hearing. The defendants contended that by permitting these experts to testify, the trial judge misapplied the well-established gatekeeping procedures required to be handled by the trial court and as required by In re Accutane Litigation (Accutane), 234 N.J. 340, 388 (2018). The Appellate Division noted that the Supreme Court decision in Accutane essentially reconciled New Jersey Rules of Evidence with the longstanding Federal evidence standard expressed in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). An expert’s opinion on causation may be admitted when it is “based on sound, adequately founded scientific methodology involving data and information of the type reasonably relied on by experts in the scientific field.” Accutane, at 349-350. The trial court is required to assess the soundness of the preferred methodology and the underlying data used to formulate the opinion in evaluating the qualifications of the expert and the conclusions. When a proponent fails to demonstrate “the soundness of a methodology, both in terms of its approach to reasoning and to its use of data, from the perspective of others within the relevant scientific community, the gatekeeper should exclude the proposed expert testimony on the basis that it is unreliable.” Lanzo v. Johnson & Johnson, (slip op. p. 34-35). Here, both Drs. Moline and Webber testified that non-asbestiform cleavage fragments can cause mesothelioma. The trial judge only noted that “the issue of cleavage fragments was an area that’s highly contested between plaintiff’s experts and defense experts,” but the judge did not evaluate the issues in context. Lanzo, (slip op. p. 41). The trial judge also denied the defendants’ motion for a Rule 104 hearing on the experts’ opinions on this issue. The Appellate Division found that the trial court did not assess the methodology or the underlying data used by these experts, noting that Dr. Webber had not conducted any studies and was not aware of any studies showing that non-asbestiform cleavage fragments could cause mesothelioma. Dr. Moline had previously testified that non-asbestiform cleavage fragments could not cause mesothelioma. At trial in this case, she testified that she had changed her opinion on this issue over time. However, she did not express any scientific basis for the change in her opinion. The Appellate Division determined that the trial judge did not perform the required gatekeeping function by failing to evaluate the methodology or the data and information that formed the basis for the expert conclusions put forth by Drs. Webber and Moline. The Appellate Division also determined that those errors were clearly capable of producing an unjust result, which required a new trial. Adverse Inference In their discovery responses, Imerys certified that it did not have and was not aware of any historical talc samples or testing documents. At trial, however, Imerys’ representative confirmed that Imerys had, at one time, been in possession of historical talc samples and testing documents, but they had discarded the talc samples and documents. The trial court determined that discarding these items was not intentional, however, recognized that spoliation does not require intent. The court noted that the purpose of an adverse inference charge is to level the playing field where evidence has been hidden or destroyed. To accomplish this levelling, the trial court included a jury charge that stated, “You may infer that the missing evidence may have been helpful to the plaintiffs’ case to the detriment of defendant Imerys.” The trial court also specifically charged that Johnson & Johnson was not involved in the spoliation conduct and that the adverse inference should not be drawn as to any other defendant in the case. The Appellate Division noted that New Jersey court rules permit separate trials in order to prevent prejudice. R. 4:29-2 & R. 4:38-2(a). Severance may be appropriate “where a significant portion of the evidence to be adduced at trial is admissible only as to one defendant thereby causing prejudice to other defendants.” State v. Mance, 300 N.J. Super. 37, 53 (App. Div. 1997). The Appellate Division found that, once the jury was permitted to draw an adverse inference that Imerys’ talc was contaminated with asbestos, it would likely be impossible for the jury to make a different finding as to Johnson & Johnson. The Appellate Division held that the trial court erred in failing to sever the claims against Imerys from the claims against Johnson & Johnson and remanded the matter to the trial court for separate trials against each defendant.     Legal Updates for Asbestos & Mass Tort Litigation – April 30, 2021, 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 situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tdrau@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved.

Firm Highlights

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. 

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.

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.