Kacey is the Assistant Director of the Workers' Compensation Department, where he assists in the oversight of 35 attorneys in nine offices. He also serves as the managing attorney of the Workers' Compensation Department in the Harrisburg office.
In addition to his various management responsibilities, Kacey focuses his practice on high-exposure and complex workers' compensation litigation, representing clients in the construction, oil and gas, grocery, hospitality, landscaping, transportation and poultry industries. Kacey also consults with workers' compensation carriers to provide advice and guidance on pre-litigated workers' compensation cases. He is also a frequent presenter on topics relating to workers' compensation for carriers and employers.
A graduate of Washington & Jefferson College, Kacey received a B.A. in Political Science and Business Administration. He subsequently received his juris doctor from Widener University School of Law.
Results
Successfully Denied Claim and Penalty Petitions Related to the Timing of the Alleged Injury
We successfully had the claimant’s claim and penalty petitions denied by proving the alleged injury occurred much later than claimed. The claimant, a technical operator responsible for shaping and packing cheese, alleged that he suffered a left shoulder tear with internal derangement, requiring surgery, as a result of using a long stick-like tool to dislodge cheese that had gotten stuck in a machine during the production process. The claimant asserted that he provided timely notice of his work-related injury to his supervisor; within a few days after the injury occurred. Through cross examination, the claimant admitted that he provided notice of his injury four or five months after the alleged injury occurred. Through employer witness testimony, we were also able to show that, while the claimant did leave early on the day of the alleged injury, the reason was because he was sick, and there was no written documentation to support notice being provided in a timely manner. Through medical expert testimony, we were also able to establish that the claimant’s injury likely occurred on a later date than the one alleged, based upon the medical evidence showing that the bicep did not show any signs of retraction 10 months after the alleged injury date. The workers’ compensation judge found the defendant’s expert testimony more credible than the claimant’s medical expert. The claimant’s claim petition seeking temporary total disability benefits and his penalty petition were denied, resulting in a successful outcome for the defendant.
Secured a Decision Denying a Claimant Wage Loss Benefits for an Accepted Work Injury
We secured a decision denying a claimant wage loss benefits for an accepted work injury. The claimant sustained a left wrist contusion and extensor carpi ulnaris (ECU) peri-tendonitis injury when a 50-pound lid crushed his left arm in the course and scope of his employment. The claimant alleged that as a result of the injury, he was unable to perform light-duty work as a system operator. Through medical evidence, we were able to establish that the claimant had medical issues unrelated to the accepted work injury that were the cause of his inability to work. The workers’ compensation judge found our expert testimony more credible than that of the claimant’s medical expert. Wage loss benefits were denied, resulting in a successful outcome for the defendant/employer.
