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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 (2023-2027)
    • 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

What's Hot in Workers' Comp

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

October 20, 2026

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

What's Hot in Workers' Comp

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

October 20, 2026

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

Events

Firm Highlights

Thought Leadership

Florida Supreme Court Rules Florida Statute §627.70152 Does not Apply Retroactively

In a decision that resolves years of appellate uncertainty and confirms that insurers and insureds alike can rely on the legal framework in place when a policy is issued, the Supreme Court of Florida last week found that Florida Statute §627.70152, which involves an insured’s requirement to provide an insurer with pre-suit notice before filing a suit, cannot be applied retroactively. In Universal Property & Casualty Insurance Company v. Hughes, the Court was presented with the issue of whether the statutory pre-suit notice requirement applied retroactively and whether it would apply to a breach of contract of an insurance policy that was issued before the statute went into effect. Before the Court was an appeal from a homeowner, Ms. Hughes, who sued her insurance carrier, Universal Property & Casualty Insurance Company (Universal) for breach of contract under an insurance policy that was in effect from April 24, 2019 through April 24, 2020. During the policy period, Ms. Hughes suffered a loss and, on May 29, 2019, made a claim for water damage. The carrier investigated the loss and issued payment; Ms. Hughes disputed the payment, finding the amount insufficient for repairs. On July 1, 2021, Florida Statute §627.70152 went into effect, which required insureds to provide notice of intent to initiate litigation against the carrier prior to filing a lawsuit; if an insured filed the lawsuit without complying with §627.70152, a court must dismiss the case without prejudice. On August 4, 2021, Ms. Hughes filed her lawsuit against Universal for breach of contract. Universal moved to dismiss based on her failure to comply with §627.70152. Ms. Hughes contended the notice requirement could not be applied retroactively. The trial court disagreed and dismissed the lawsuit without prejudice, and Ms. Hughes appealed. During the appeal, the Fourth District Court of Appeal, in Cole v. Universal Property & Casualty, 363 So. 3d 1089 (Fla. 4th DCA 2023), ruled that Florida Statute §627.70152 did apply retroactively to policies issued before the effective date of §627.70152. However, the Sixth District Court agreed with Ms. Hughes and overturned the trial court’s ruling, finding the statute could not retroactively apply to policies issued prior to the statute effective date. Thereafter, the other district courts weighed in, with the Third District Court agreeing with the Fourth District Court, and the First, Second and Fifth District Courts agreeing with the Sixth District Court. In resolving the conflict amongst the district courts, the Supreme Court advised “as a general rule, ‘the statute in effect at the time an insurance contract is executed governs substantive issues arising in connection with that contract.’ Hassen v. State Farm Mut. Auto. Ins. Co., 674 So. 2d 106, 108 (Fla. 1996). The Court applied the two-step test when deciding whether a statute has retroactive application: “First, the Court must ascertain whether the Legislature intended for the statute to apply retroactively. Second, if such an intent is clearly expressed, the Court must determine whether retroactive application would violate any constitutional principles.” Menendez v. Progressive Exp. Ins. Co., 35 So. 3d 873, 877 (Fla. 2010). In analyzing the Legislature’s intent, the Court must determine whether the Legislature has manifested a clear command for retroactivity in the statutory text.  In review of the statutory text, the Court found nothing in the language of the statute to indicate that the phrase “all suits” was serving another purpose of expanding its reach to suits based on policies that both predate and postdate the enactment of the statute. Buis v. Universal Prop. & Cas. Ins. Co., 394 So. 3d 738, 741 (Fla. 2d DCA 2024). Further, the Court noted the statute has an effective date, which has long been considered to be evidence against retroactive application of a statute. The Court concluded that, on its face, no provision of §627.70152 speaks to application of the statute to insurance policies issued before the statute’s effective date and therefore, the Legislature did not clearly command retroactivity of the statute to include insurance policies issued prior to the enactment of the statute. The Court briefly reviewed Universal’s argument that the presuit notice requirement was procedural, not substantive, and therefore should be applied retroactively; however, the Court agreed with the Sixth District Court’s finding that, in its entirety, §627.70152 transformed an insured’s ability to sue an insurance company under a property insurance policy and an insurer’s obligations to respond to and pay insurance claims, thus making the requirement a substantive change. The Court thereby upheld the decision of the Sixth District and disapproved the decision of the Fourth District in Cole.

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.