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Francis X. Wickersham

Portrait of Francis X. Wickersham

Frank provides seasoned defense counsel to employers, insurance carriers and third-party administrators across the full spectrum of workers’ compensation matters. His practice blends deep legal knowledge with a solutions oriented approach that supports clients both inside and outside the courtroom. In addition to his litigation work, Frank regularly advises on risk management practices designed to prevent claims before they arise.

Clients value Frank’s ability to pair innovative legal strategy with real‑world practicality, achieving favorable outcomes while reducing exposure and controlling costs.

An accomplished writer, Frank’s articles on trending issues impacting workers' compensation have appeared in various publications. He also provides monthly Pennsylvania case law updates for the firm's What's Hot In Workers' Comp newsletter. In addition, Frank is a frequent speaker for local and national employer and insurance industry groups. He is an active member of the Montgomery County Bar Association, the Claims & Litigation Management Alliance, and the RIMS Delaware Valley Chapter.

Frank received his undergraduate degree from Villanova University and his juris doctor from the Widener University School of Law.

    • Widener University Delaware Law School (J.D., 1989)
    • Villanova University (B.A., 1986)
    • Pennsylvania, 1989
    • The Best Lawyers in America®, Workers' Compensation Law - Employers (2023-2026)
    • Claims & Litigation Management Alliance (CLM)
    • Montgomery County Bar Association
    • RIMS - Delaware Valley Chapter
    • School District of Philadelphia v. WCAB (Hennegan), 751 A.2d 729 (Pa. Cmmwlth. 2000) 
    • McKinney v. WCAB (Decision Data), 752 A.2d 928 (Pa. Cmmwlth. 2000) (rev. per cuiam, 770 A.2d 326 (Pa. 2001)) 
    • Reefer Madness: Medical Marijuana & Workers’ Compensation in 2026, RIMS National Conference, Philadelphia, PA, May 6, 2026
    • One Less Workers' Compensation Zombie in the Apocalypse, CLM Work Comp, Casualty & Risk Management Conference, Chicago, IL, May 18, 2023
    • State of the Union - Medical Marijuana, Workers' Compensation Insurance ExecuSummit, Uncasville, Connecticut, January 24-25, 2023
    • Protecting Against Unreasonable Medical Expenses and Fee Reviews, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • Unique Workers' Compensation Aspects of Independent Contractors and Traveling Employees, Lorman Education Services webinar, December 16, 2021
    • The URO Challenge and the Impact of Medical Marijuana, Marshall Dennehey webinar, October 29, 2020
    • Mitigating the Risk of Workplace Bullying, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019
    • Pot For Pain, Marshall Dennehey Workers' Compensation Seminar, October 25, 2018
    • In a Pickle: The Implications of Protz, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • Defense Counsel Wish List, Marshall Dennehey Workers' Compensation Seminar, October 19, 2016
    • Aging Gracefully? The Senior Workforce and Impacts on Workers' Compensation, CLM Atlanta, Atlanta, Georgia, May 2016
    • Doped Up: Implications of Compound Medications, Generic Drugs and Medical Marijuana, Marshall Dennehey Workers' Compensation Seminar, October 22, 2015
    • Marijuana in Workers' Compensation - Medical and Legal Challenges, CLM 2015 Medical Legal Summit, Chicago, Illinois, June 3, 2015
    • Medicare Liens and Set-Asides and Workers' Compensation Liens, Philadelphia Bar Association's Bench-Bar & Annual Conference, October 18, 2014
    • Behind the Robe: An Interview With the Judges, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013
    • Career Day, Upper Merion Middle School, 2011
    • Case Law Update, Broadspire and Glaxosmithkline, 2010
    • Navigating the Workers' Compensation Court Room, Berkley Midatlantic Group, 2010
    • How to Distinguish Between ADA, FMLA and Workers' Compensation Actions, Wegmans, 2009
    • Record Retention and E-Discovery, The Addis Group, 2009
    • Legal Updates: A Survival Guide, Pennsylvania Self-Insurers Association Annual Meeting, 2008
    • Impact of New Vocational Regulations on Pennsylvania Workers' Compensation Claims Handling, Sedgwick Claims Management Services, 2007
    • Impact of New Vocational Regulations on Pennsylvania Workers' Compensation Claims Handling, Cambridge Integrated Services, 2007
    • The Do's and Don'ts of Utilization Reviews, Montgomery Bar Association, 2007
    • Career Day, Upper Merion Middle School, 2005
    • Law Day, Caley Elementary School, 2002
    • Law Day, Caley Elementary School, 2001
    • Ethical Considerations in Workers' Compensation, Montgomery Bar Association, 2000 
    • Interplay Between Workers' Compensation and Liability, Insurance Society of Philadelphia, 1999 
    • Act 57 and its Impact On Workers' Compensation Litigation, Pottstown Hospital, February 1998 
    • "Back to the Future: A Post-'Protz' Primer on Pre-'Protz' Law," Pennsylvania Law Weekly, August 11, 2022
    • "Blurred Lines: A Breakdown of Conventional Workplace Boundaries During the Pandemic,"Pennsylvania Law Weekly, August 5, 2021
    • "Medical Marijuana: Reasonable and Necessary Medical Care for Injured Workers?"The Legal Intelligencer's Cannabis Law Supplement, May 27, 2020
    • "Workers' Compensation Fraud Case Against Pharmacies & Physicians Dismissed by Court," What's Hot in Workers' Comp--Special PA Alert, September 18, 2019
    • "Pot for Pain: A Cannabis Conundrum in the Courts," CLM Magazine, September 2018
    • "Much Anticipated Protz Decision Comes Down," Philadelphia Bar Reporter, September 2017
    • "Protz: Problems for Practitioners and Politicians," Pennsylvania Law Weekly, August 22, 2017
    • "State of Confusion: Duffey v. WCAB and Pennsylvania’s Impaired Impairment Rating System," Defense Digest, Vol. 23, No. 2, June 2017
    • "Aging Gracefully? The Impact of a Senior Workforce on Workers' Compensation," Workers' Compensation, page 28. August/September 2016
    • "Supreme Court of Pennsylvania Carves Out Exception to Exclude Remedy Provisions of the Pennsylvania Workers' Compensation Act For Late Manifesting Occupational Disease Claims," ABA TIPS Workers’ Compensation And Employers’ Liability Law Committee Newsletter, Winter 2014
    • Case Law Alerts, regular contributor, 2010-present
    • "Legal Updates," Pennsylvania Self-Insurers Association Newsletter, 2009-present
    • "Ask an Expert," Pennsylvania Self-Insurers Association Newsletter, January 2009
    • Digest of Insurance Law, Pennsylvania Workers' Compensation, Best's Directory of Recommended Insurance Attorneys, 2007-present
    • Special Pennsylvania Workers' Compensation Law Alerts, 2006-present
    • Critical Case Summaries, Pennsylvania Self-Insurers Association Newsletter, 2006-2008
    • What's Hot in Workers' Comp, Marshall Dennehey Workers' Compensation Department newsletter, 2002-present
    • "Decisions Impact Workers' Comp Benefits: Court Focuses on Release Agreement, Length of Employment," The Legal Intelligencer, March 2001 
    • "Independent Contractor or Employee: Supreme Court Rolls Over Controversial Commonwealth Court Decision Holding That Federal and State Motor Carrier Regulations Require Finding of Employment," Defense Digest, Vol. 7, No. 2, April 2001 
    • "Lykins: The Supreme Court Eliminates Unemployment Compensation Credit for pre-Act 44 Injuries," Counterpoint, January 1999 
    • "Act 44 and Pre-Amendment Injuries: Banic Breaks the Mold," PSIA Workers' Compensation Newsletter, March 1996 
    • "Pennsylvania Workers' Compensation Update," Counterpoint, newsletter of the PA Defense Institute, June 2002-present

Results

The defense successfully proves flaw in claimant’s expert testimony

We successfully defended a Claim Petition on behalf of a national trucking company where the claimant alleged a disabling aggravation of a pre-existing cervical condition from a fall at work. Our thorough review of the medical records and the presentation of the evidence convinced the judge that the claimant did not meet his burden of proof on causation. While providing the requisite direct testimony, on cross examination, the claimant’s expert admitted when he first saw the claimant one month after the work incident, the claimant had a head droop from cervical fusion surgery five months before the date of injury, and said that surgery “unrelated” to the work injury would be needed to correct it. This was inconsistent with the expert’s direct examination testimony, which was that the work incident had caused the head droop. Further, with the employer’s expert, who reviewed the testimony of the claimant’s expert and reviewed all medical records pre- and post-incident, we were able to establish that the opinion of the claimant’s expert was flawed, pointing out that the claimant’s expert failed to perform a side-by-side comparison of pre-injury diagnostic studies to post-injury studies, which would indicate whether the head droop was a slow progression from the prior surgery or due to a traumatic incident. The Judge found that the claimant’s expert failed to adequately explain what he saw in the studies completed after the work incident that supported his theory on causation.

Successfully Defended a Claim Petition on Behalf of a National Trucking Company

We successfully defended a claim on behalf of our client where the answer was late without a reasonable excuse. However, we persuaded the workers’ compensation judge that the claim petition was not well-pled as to the main allegation. We further convinced the judge that the claimant did not meet his burden of proof on causation.

Thought Leadership

Pennsylvania Supreme Court Holds Self-Referral Prohibition Does Not Cover Prescriptions Written by Physicians with Ownership Interests in Dispensing Pharmacies

June 19, 2026

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office (State Workers’ Insurance Fund); Nos. 97, 98, 99, 100, 101 MAP 2024; decided June 16, 2026; by Justice Mundy.   In this case, Drs. Miteswar Purewal and Shailen Jalali, treating physicians for workers’ compensation claimants, wrote prescriptions for various medications that were filled by 700 Pharmacy. The worker’s compensation insurer refused to pay for the prescriptions on the basis that they were illegal self-referrals under the Act. 700 Pharmacy subsequently filed fee review applications with The Bureau of Workers’ Compensation Medical Fee Review Office. At a fee review hearing, both physicians stipulated they had a financial interest in the pharmacy.  The physicians argued that the Anti-Referral Provision of the Act does not bar self-referrals on prescription drugs and pharmaceutical services, since the provision does not specifically identify prescription drugs. The Fee Review Hearing Officer rejected this argument and found that prescriptions for medications are prohibited under the “goods or services” language included in the provision. 700 Pharmacy appealed to the Commonwealth Court, and the court affirmed, agreeing with the Hearing Officer’s interpretation of “goods and services” as encompassing prescriptions. 700 Pharmacy appealed to the Supreme Court.  The Supreme Court reversed the decisions of the Hearing Officer and the Commonwealth Court, holding that the term “goods and services” in the Anti-Referral Provision of the Act did not include prescriptions. According to the Court, “goods and services” was not a catch-all, but simply explanatory as to the eight enumerated categories in the provision. The provision (Section 306(f.1)(3)(iii)) reads, in pertinent part: Notwithstanding any other provision of law, it is unlawful for a provider to refer a person for laboratory, physical therapy, rehabilitation, chiropractic, radiation oncology, psychometric, home infusion therapy  or diagnostic imaging, goods or services pursuant to this section if the provider has a financial interest with the person or in the entity that receives the referral. The Court said that if the General Assembly wanted to specifically include prescription drugs and pharmaceutical services in the Anti-Referral Provision, they would have done so. They pointed out that prescription drugs and pharmaceutical services were included by the legislature in Section 306 (f.1)(3)(vi) of the Act as to reimbursement, and claimed that their omission from the Anti-Referral Provision supports the conclusion that those services are not included in the Anti-Referral Provision’s self-referral prohibition.

What's Hot in Workers' Comp

Legislation Proposed to Reduce the Cost of Prescription Topical Drugs

June 8, 2026

In March, Pennsylvania Senate Bill 1215 was introduced in an effort to address the high cost of prescription topical drugs. According to the bill’s sponsor, the issue is excessive reimbursement rates for topical drugs that are essentially alternate versions of readily available, less expensive over the counter drugs. A study performed by The Workers’ Compensation Research Institute (WCRI), shows that Pennsylvania has the highest share of prescription reimbursements and the highest average quarterly payments for topical drugs.  The proposed bill would provide for payment for each ingredient separately, instead of reimbursing a single inflated price, deny payment if an ingredient lacks a valid National Drug Code, limit total reimbursement to $400 per 30 day supply no matter what ingredients are used, ban reimbursement for compound drugs that duplicate existing commercial drugs, and add a flat $20 compounding fee for pharmacies or physicians who prepare the medication. The goal? To eliminate inflated billing practices and reduce costs for employers and insurers.  Currently, the bill is in committee. We will monitor the proposed legislation as it advances and provide updates as to any significant developments that may occur. 

Events

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

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.