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Workers' Compensation

The Workers' Compensation Practice Group is devoted to the exclusive representation of employers, insurance carriers and third party administrators. While many of the attorneys in this group have a background in civil litigation, they all focus their practice solely on the defense of workers' compensation matters. Our attorneys are well versed in the intricacies of this nuanced practice, and due to their constant presence in the courts where they practice, they are well respected by the judges before whom they regularly appear and the attorneys against whom they compete.

Our attorneys are involved in all aspects of workers' compensation, from the infancy of a claim through practice in the appellate courts. We are vigorous litigators who also recognize that litigation is not always the primary focus of an employer's successful workers' compensation program. Significant monetary savings can be achieved through the effective management of workers' compensation plans and innovative return-to-work programs, and our attorneys are on the cutting edge of case law developments to assist in the design, implementation and continuation of such programs. We also provide risk management services and can help reduce costs by becoming involved during the pre-litigation phase. In addition, the work of the attorneys in the firm's highly regarded Appellate Advocacy and Post-Trial Practice Group includes front-line responsibility for conducting necessary legal research, writing required briefs, and preparing and presenting oral arguments in post-trial motions and appeals.

As workers' compensation has become increasingly sophisticated, we have expanded our scope of practice to support clients in areas that have become tangential to the workers' compensation practice.

Workers' Compensation Fraud
Fraud contributes significantly to the cost of doing business and negatively impacts employers, insurance carriers and third party administrators. We can facilitate the filing of a fraud claim through local government agencies and review all cases for civil remedies to help our clients recoup some of the monies expended due to fraudulent cases.

Unemployment Compensation
There is increased interplay between unemployment compensation and workers' compensation cases. We can assist our clients in assessing their need for counsel in unemployment cases and can also answer specific questions on how to handle unemployment cases.

Federal Black Lung
Our attorneys defend claims filed by coal miners and their surviving spouses for benefits available under the Federal Black Lung Benefits Act. Clients benefit from our extensive experience litigating industrial pulmonary disease claims before the U.S. Department of Labor, Office of Administrative Law Judges, Benefits Review Board and the United States Court of Appeals for the Third Circuit. In addition to defending Black Lung claims, our attorneys leverage their knowledge and experience handling pulmonary disease litigation to defend workers' compensation claims in which a pulmonary exposure is alleged.

Hearing Loss Claims
Injuries resulting from exposure to hazardous occupational noise comprise one of the largest group of specific loss/permanency claims in the tri-state area. In addition to becoming more commonplace, these claims have also become more technologically complex. Each attorney assigned to hearing loss claims are familiar with the science behind acoustical trauma, including the inner workings of audiometric testing, leading to effective cross examination of key witnesses. Further, our attorneys seek to expose pre-existing, non-work related hearing loss and differentiate it from compensable loss. We are one of the leading defense firms in protecting successor-in-interest employers that are unexpectedly plagued with hearing loss claims stemming from employees’ hazardous noise exposure with previous employers. In Pennsylvania, we were pioneers in the effort to change the standard of monetary award in hearing loss cases from an all-encompassing specific loss award to that of a percentage award based on actual work-related hearing loss. Our attorneys are also well versed in the practical implications of a working hearing conservation program and the benefits such a program can have on an employer’s bottom line. 

Medicare Set-Asides
Our attorneys regularly advise and counsel clients in matters related to Medicare Set-Asides. They are well versed in the workings of the federal and state liability systems as well as the workers' compensation systems of various states. We can assist our clients with Medicare Set-Aside allocations for workers' compensation and liability cases, Medicare eligibility searches, Medicare submissions to the agency for approval, conditional payment searches and revisions of Medicare Set-Aside allocations.

Coverage
Occasionally, carriers are drawn into workers' compensation litigation notwithstanding a dispute between the employer and the carrier as to viable workers' compensation coverage. Our attorneys have experience in navigating the potential pitfalls that can arise during litigation due to the conflicting interests of the employer and the carrier, and have successfully obtained dismissals of carriers as parties from these unwarranted claims.


PENNSYLVANIA

Fee Reviews
Fee reviews have become an increasingly important component of workers' compensation cases in Pennsylvania. We have identified the problems associated with the fee review system and developed a practice in Pennsylvania where our attorneys are involved at the initiation of the fee review process and aggressively represent our clients' interests through the fee review hearings. Medical providers are able to use the fee review process to challenge the timeliness or amount of medical payments made by the employer/carrier. Since a provider's allegations are accepted at face value during the initial stages of the fee review process, many unjust initial determinations are issued. Attorneys in each of our Pennsylvania offices have extensive experience with the issues that arise during fee reviews and have a thorough understanding of CPT codes, appropriate levels of treatment, appropriate types of treatment, and how to win these cases in an efficient and cost-effective manner.

FLORIDA

Stop Work Orders
Stop Work Orders or Requests for Business Records are issued by the Division of Workers’ Compensation Investigators for the state of Florida. A business cannot legally operate while a Stop Work Order is in place. Failure to comply with a Stop Work Order can result in increased penalty assessments and, in some cases, criminal sanctions pursuant to Florida Statute 440.105. Our attorneys can assist business owners in navigating this difficult and complicated process, including record requests, reducing penalty assessments and filing petitions before Department of Administrative Hearings.

Insurance Premium Audits and Disputes
Disputes occasionally arise between employers and carriers after an audit takes place. Workers’ compensation rates in Florida are based upon job title and payroll, and discrepancies discovered following an audit can lead to loss of coverage, fines and assessments. We can assist employers throughout this dispute process, which can lead to improved outcomes and reduced assessments.

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Apr 11, 2019
We successfully defended a petition for permanent total disability benefits, supplemental benefits and penalties, interest, costs and attorneys fees. The judge entered a Final Compensation Order, finding the claimant was not permanently and totally...
Apr 11, 2019
We successfully defended a Northeastern Pennsylvania manufacturing and supply company in an appeal involving high medical and indemnity exposure. ​The claimant suffered a shoulder strain while lifting at work. She returned to the job only to allege...
Apr 11, 2019
We successfully defended a Philadelphia-based university in an action by a local medical provider for submissions of compound cream medication. The provider submitted the medication to the carrier via three medical specialists from the same medical...
Jan 17, 2019
The order involved multiple petitions filed by a pro se claimant for compensability of contact dermatitis and concrete burns allegedly sustained while working. The judge ruled in favor of the employer on all petitions, finding compensability was...
Jan 17, 2019
Successfully defended a petition for permanent total disability benefits, supplemental benefits and penalties, interest, costs and attorneys fees. The judge entered a Final Compensation Order, finding the claimant was not permanently and totally...
Dec 31, 2018
In a case centered around a marijuana gummy bear, we used a violation of law defense to successfully defend a national can manufacturer in the litigation of a reinstatement petition. The claimant sustained an uncontested crush injury to his foot,...
Aug 24, 2018
We successfully defended a national home improvement store in the litigation of a claim petition. The petitioner alleged that as a result of his employment at the retailer, he developed back problems and was in need of medical treatment. The defense...
Aug 24, 2018
We successfully defended a nationally renowned canning and food corporation headquartered in Pennsylvania. The claimant alleged that she sustained an injury to her upper extremities due to repetitive motion at work. She described her duties to...
May 11, 2018
We successfully defended a fatal claim petition filed by the widow of a coal miner who had been awarded benefits for totally disabling coal workers’ pneumoconiosis in 1984. Despite the fact the miner had been collecting temporary total...
May 11, 2018
We successfully defended a national home décor manufacturer in the litigation of a review petition, which sought to add a cervical disc herniation and surgery to the nature of injury accepted in the case. The litigation had wide ramifications...

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Law Alerts July 1, 2019
The employer had denied payment of compound pain creams that were dispensed to the claimant by Armour Pharmacy. The pharmacy then filed three fee reviews. The Bureau’s Medical Fee Review Section ordered payment, and the employer filed requests..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
After the claimant filed a petition for benefits, there was a dispute over the employers’ selection of a pain management physician. According to the employer, they have the right to select the doctor. Although the claimant agreed, she did not..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The claimant worked as a union carpenter for the employer, who had a permanent job site located within an oil refinery in the state of Delaware. While working at the employer’s Delaware facility, the claimant was injured. The employer accepted..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The Board analyzed this complex medical causation issue in order to decide whether the cervical spine surgery performed on the claimant was the legal responsibility of either employer A or employer B. According to applicable law, if a claimant..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The employer accepted liability for work injuries the claimant suffered in a vehicular accident but later learned he was intoxicated and had been charged with driving under the influence. The employer unilaterally stopped paying the claimant’s..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The Plastic Surgery Center, PA, The Woods O.R., Inc., Steven Paragioudakis, M.D. and Marc Menkowitz, M.D. filed petitions in the Division of Workers’ Compensation for payment of services rendered to employees of Malouf Chevrolet-Cadillac, Inc..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
This case involved a claimant with a severe crush injury to his left foot and ankle. The claimant made a claim for authorization for a second opinion with a plastic surgeon. His authorized treating orthopedic surgeon thought he may be a candidate..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
In reviewing the evidence, the workers’ compensation judge found that: (1) the claimant established being engaged in firefighting activities for more than four years; (2) prior to his cancer diagnosis, he did not show any signs of cancer; (3)..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The crux of the claimant’s argument on appeal was that the Board failed to act on implicit authority granted in the Act because of its mistaken belief that they could not grant reimbursement for tolls and parking incurred in the claimant..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2019
The claimant suffered injuries while taking care of her employer, a woman suffering from mild dementia. After the claimant filed a claim petition, the employer filed its answer, alleging that the claimant was precluded from benefits under the..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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February 27, 2019
Ashley S. Talley, associate in the Workers' Compensation Department at Marshall Dennehey Warner Coleman & Goggin, was awarded a Westfield Insurance Company 'Golden Gavel' for outstanding legal representation on behalf of the insurer in a complex workers' compensation case. The Golden Gavel...
January 24, 2018
Marshall Dennehey Warner Coleman & Goggin has expanded its Workers' Compensation Department into the state of Florida with the additions of  Heather Byrer Carbone, shareholder; Linda Wagner Farrell, shareholder; and associate Kelly M. Scifres. The attorneys will lead Marshall Dennehey's...
May 8, 2017
Niki T. Ingram, Shareholder, Director of the Workers' Compensation Department and member of the Board of Directors at Marshall Dennehey Warner Coleman & Goggin, has been named the 2017 recipient of the Martha Hampton Award from the Philadelphia Bar Association's Workers' Compensation section....
September 15, 2016
Two Marshall Dennehey attorneys have been recognized as 2016 "Top Women in Law" by The Legal Intelligencer and The New Jersey Law Journal, respectively. Appellate attorney Kimberly Boyer-Cohen, special counsel in the firm's Philadelphia office, has been recognized by The Legal Intelligencer. The...
March 17, 2016
Three Marshall Dennehey attorneys are set to speak at three separate sessions at the Claims & Litigation Management Alliance's (CLM) annual conference, to be held April 6 – 8 in Orlando, Florida. The CLM promotes and furthers the highest standards of claims and litigation management to foster...
March 15, 2016
Niki T. Ingram, Shareholder and Director of the Workers' Compensation Department at Marshall Dennehey Warner Coleman & Goggin, has been named a Fellow of the College of Workers' Compensation Lawyers. Ms. Ingram was inducted into the College during the American Bar Association's 2016 Workers'...
January 19, 2016
Accomplished workers' compensation attorney, John P. Zeigler, has joined the Camp Hill office of Marshall Dennehey Warner Coleman & Goggin as a shareholder in the firm's Workers' Compensation Department. With 20 years of experience, Mr. Zeigler defends employers, self-insureds and third party...
May 29, 2013
Philadelphia, PA – Marshall Dennehey shareholders Niki T. Ingram, Candy Barr Heimbach and Ronda K. O'Donnell have been named to the 2013 "Top 50 Women Pennsylvania Super Lawyers" list by Pennsylvania Super Lawyers magazine. This is the third time Ingram and Heimbach have been named to the exclusive...

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Seminar Jun 8, 2012
Mary S. Kohnke Wagner and Anthony Natale III will be presenting at the upcoming Workers' Compensation 101 Roundtable, hosted by the Pennsylvania Chamber of Business and Industry. They will address topics including changes to current workers...
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,...
Seminar Dec 12, 2012
This strategic course walks attendees through the step-by-step practicalities of handling a workers' compensation case, from initial intake through the hearing process. Paul's portion of the seminar focuses on determining the value...
Seminar Feb 15, 2013
Current information regarding developments in workers’ compensation law in Pennsylvania and New Jersey will be provided. Case law, statutory law and regulatory changes will be discussed with indications of the practical implications for...
Seminar Apr 24, 2013
This strategic course will guide participants through the step-by-step practicalities of handling a workers' compensation case, from initial intake through the hearing process. The experienced faculty will discuss the following topics...
Seminar Aug 27, 2013
Employers in Pennsylvania are faced with an ever-changing maze of laws increasing their obligations to employees who cannot, will not or should not work. This seminar will tell you what you need to know about recent ADA and FMLA...
Seminar Oct 24, 2013
Please join us at our complimentary Workers' Compensation Seminar on October 24, 2013. This day-long seminar covers hot topics in workers' compensation in Pennsylvania, New Jersey and Delaware. AGENDA 11:00 a.m. - 11:45 a.m.  ...
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 Nov 22, 2013
Paul Tatlow, a shareholder the firm's Wilmington office, is a speaker at this full-day lien boot camp. The day-long seminar is packed with current and crucial information, practice tips, pointers, checklists, sample letters and sample forms that...
Seminar Nov 22, 2013
Jessica Julian is a speaker at the Office and Trial Practice 2013 seminar on Friday, November 22. Co-sponsored by the Delaware State Bar Association and the Delaware Bar Foundation, the seminar brings together attorneys from throughout the state to...
Conference Dec 3, 2013
Niki Ingram and Anthony Natale are presenting "Understanding the Most Common Mistakes Made in Workers' Compensation" at the 2013 Annual Human Resources Conference sponsored by the Pennsylvania Chamber of Business and Industry...
Seminar Dec 10, 2013
Although job abandonment is easy to prove when an employer has appropriate policies in place, the termination of an employee on temporary total disability who fails to come to work can greatly complicate things. If an employer has a straightforward...
Seminar Dec 12, 2013
As part of this day-long seminar, workers' compensation attorneys Ross Carrozza and Angela DeMary will speak on WCMSAs and Ethical Considerations. This program will go beyond the basics in order to prepare you for any complication...
Conference Feb 4, 2014
Anthony Natale is a featured speaker at the 11th Annual National Workers’ Compensation Insurance ExecuSummit being held on February 4 and 5 at the Mohegan Sun Convention Center & Hotel in Connecticut. His presentation,...
Jul 10, 2014
Niki T. Ingram, Shareholder and Assistant Director of the Workers' Compensation Department, is a featured speaker at an upcoming diversity luncheon hosted by the Claims & Litigation Management Alliance. The luncheon, hosted by CLM's...
Seminar Jul 11, 2014
Robin Romano, a shareholder in the Workers' Compensation Department, is a panelist at the upcoming Philadelphia Bar Association CLE program, "From Kachinski to Phoenixville Hospital: Proving Earning Capacity in the Modern Era." This...
Sep 16, 2014
The Philadelphia Association of Defense Counsel's 2014-2015 luncheon CLE program series begins on Tuesday, September 16, 2014.  The program, “What You Need to Know About Workers’ Compensation to Keep You Out of Trouble in Your...
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...
Seminar Nov 5, 2014
Jennifer Callahan and Ross Carrozza are on the faculty for the Workers' Compensation Law & Practice Seminar, hosted by Sterling Education Services. They will discuss the general principles of workers’ compensation in the course of and...
Seminar Jan 20, 2015
Kacey Wiedt and Shannon Fellin, members of the Workers' Compensation Department, are the featured speakers at the January meeting of the Susquehanna Human Resource Management Association. Their presentation, "Top Mistakes in Workers'...

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Chair

Niki T. Ingram
Director, Workers' Compensation Department
(215) 575-2704
ntingram@mdwcg.com

Co-Chair

Kacey C. Wiedt
Assistant Director, Workers' Compensation Department
(717) 651-3511
kcwiedt@mdwcg.com

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