.

Linda Wagner Farrell

Portrait of Linda Wagner Farrell

Linda practices exclusively in the area of workers' compensation defense. As an advocate for her clients, Linda not only defends insurance carriers and self-insured employers in workers’ compensation matters, but also provides guidance for implementing effective risk management strategies and workers’ compensation programs with an eye toward cost efficiency. When businesses are audited by the State for workers' compensation coverage compliance or subject to stop-work orders, Linda partners with them to develop a strategic defense approach. She also assists clients with premium disputes and some employment matters, and also represents uninsured employers with regard to workers' compensation claims.

Linda is an active instructor who lectures on various issues involving workers' compensation. She has lectured on behalf of the Workers' Compensation Section of The Jacksonville Bar Association, Lorman Education Services and AAA Construction School. She is also a Certified Instructor of Insurance Education, State of Florida, and often presents seminars to clients. Linda also speaks regularly for the Workers’ Compensation Claims Professionals organization.

Prior to joining Marshall Dennehey, Linda was the workers' compensation practice group leader at one of the leading defense firms in the southeast. Linda has been awarded an AV® Preeminent™ rating by Martindale-Hubbell, the highest rating for professional competence.  

Linda is a native of Jacksonville. Before entering law school, she worked as a business consultant for a national management company.

    • Florida Coastal School of Law (J.D., 2002)
    • University of North Florida (B.A., 1997)
    • Florida, 2002
    • U.S. District Court Middle District of Florida, 2007
    • AV® Preeminent™ by Martindale-Hubbell®
    • Florida Super Lawyers Rising Star (2011, 2013-2014)
    • Florida Trend Magazine "Legal Elite Up and Coming" (2007-2008)
    • Jacksonville Women Lawyers Association, Woman of the Year (2008)
    • 904 Magazine “Legal Eagle,” Workers’ Compensation (December 2011)
    • American Bar Association
    • E. Robert Williams Inn of Court, Barrister, 2009 to present
    • First Coast Manufacturers Association, Workforce Development Committee
    • Florida Bar
    • Friends of 440 Scholarship Fund, Co-Chair, 2007-2008; Executive Board Member, 2007-2008
    • Jacksonville Bar Association, Workers’ Compensation Section, Co-chair, 2007-2008
    • Jacksonville Women Lawyers Association, Vice President, 2004-2005
    • Phi Alpha Delta Legal Fraternity
    • Workers’ Compensation Claims Professionals
    • Florida's New Rules of Civil Procedure and Impact on Workers' Compensation Claims, The Florida Bar Workers' Compensation Section webinar, September 10, 2025
    • Panelist, Florida Office of Judges of Compensation Claims' OJCC Work Comp Academy, October 18, 2024
    • Medical Marijuana – Workers’ Compensation, 2024 Northeast Florida Disability Management Forum, October 4, 2024
    • Motions to Dismiss and Motions for Summary Final Order, webinar, Florida Bar Workers' Compensation Section, May 8, 2024
    • Work Comp Academy 2023 – The Next Generation, The Office of Judges of Compensation Claims, faculty member, May 19, 2023
    • A State-By-State Guide to Avoiding Attorneys' Fees and Sanctions, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • Workers' Compensation Law and Ethics Update, Marshall Dennehey webinar, May 13, 2022
    • Pre-Existing Conditions, Major Contributing Cause and Apportionment, Marshall Dennehey webinar, December 3, 2020
    • Pre-Existing Conditions, Major Contributing Cause and Apportionment, Marshall Dennehey webinar, November 5, 2020
    • Opioids...The Not So New Epidemic, Workers' Compensation Claims Professionals Annual Claims & Leadership Conferece, June 10, 2019  
    • Opioids in Workers’ Compensation, Florida Bar Workers' Compensation Forum, April 12, 2019
    • Opioids…The not so New Epidemic, Workers' Compensation Claims Professionals Holiday Conference, December 13, 2018
    • Top 5 Challenges Relative to Workers' Compensation Claims, Property and Casualty Claims and For Mediators, FCCI Educational Conference, October 2018
    • Medical Marijuana in Workers’ Compensation, 2018 Florida Bar Workers' Compensation Forum, April 13, 2018
    • Ex Parte Doctor Conferences Cannot Suggest, Direct or Instruct What Treatment or Care to Recommend,” Defense Digest, Vol. 25, No. 1, March 2019
    • Case Law Alerts, contributor, April 2018-present
    • What's Hot in Workers' Comp, contributor, March 2018-present
    • “Florida OIR Orders Larger Workers’ Comp Rate Cut of 6.6%,” AM Best BestWire, November 10, 2020
    • Obtained a defense verdict in a Final Compensation Order involving 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/carrier on all Petitions finding compensability was previously resolved and the ongoing issues were moot.
    • 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 disabled despite a substantial, but not exhaustive, job search.

Results

Exceptional Advocacy Leads to Indemnification Win

We were successful in having a motion for indemnification granted. Our client’s subcontractor did not secure workers’ compensation coverage as required by the statute. Therefore, our client—the contractor—became the statutory employer and accepted the claim as compensable, providing medical and indemnity benefits and reaching a settlement compromise with the injured worker. We filed a motion for indemnification, requesting that the subcontractor be ordered to reimburse our client for all monies paid on the claim. After an evidentiary hearing was held, where we presented evidence and called the vice president of claims to testify, the judge of compensation claims granted our motion.

Successfully Contested Claimant’s Request for Authorization for a Van with a Wheelchair Lift, Arguing Its Medical Necessity

We successfully contested a claimant’s request for authorization for a van equipped with a wheelchair lift, arguing it was not a medical necessity following a work-related injury. Testimony revealed the claimant’s significant mobility challenges were due to a work-related traumatic brain injury and spastic hemiplegia. However, the employer/carrier contested the request, asserting it was neither reasonable nor medically necessary based on the authorized treating physician’s assessment. Ultimately, the judge of compensation claims found the claimant did not meet the burden of proof to establish the necessity of the van, siding with the employer/carrier’s argument, and denied the authorization request along with the claims for attorney’s fees and costs.

Thought Leadership

What's Hot in Workers' Comp

Judge of Compensation Claims abused his discretion in denying a motion to continue a final hearing when the reasoning behind the request was out of the appellant’s control.

January 1, 2025

The claimant, a cashier, was shocked while plugging in a register at work. She later developed neurofibromatosis that lead to surgery. The neurosurgeon, Dr. Levi, performed surgery and indicated the claimant’s condition was not work-related.  The claimant filed a petition for benefits, which the employer/carrier denied, citing major contributing cause based on Dr. Levi’s opinion. Dr. Levi also signed a letter reiterating his opinion that the claimant’s diagnosis and treatment were not work-related.  However, in his deposition, Dr. Levi completely reversed his opinion, forcing the employer/carrier to immediately find an IME expert. Three weeks after this deposition, the employer/carrier filed a motion to continue the final hearing in order to allow time for the IME. In doing so, they explained, they had a doctor lined up, but he was then declined because of a relationship to Dr. Levi. The employer/carrier also asserted they had made contact with five other physicians.  The judge of compensation claims denied the motion. The final hearing took place, where the judge accepted the uncontroverted opinion of Dr. Levi and found the accident was the major contributing cause of the claimant’s condition.  Section 440.25(4)(b), Fla. Stat., provides that the judge has wide discretion in this regard, but it also limits that discretion to instances where the circumstances necessitating the request are beyond the requesting party’s control.  The First District Court of Appeal held that the facts were entirely reasonable to approve a motion for continuance. The employer/carrier only became aware of the need for an IME five weeks before the final hearing. They worked diligently to obtain an IME but were deprived of the right to an IME as statutorily entitled.  The Appellate Court held the judge of compensation claims abused his discretion, reversed the denial of the motion and vacated the lower court’s order awarding benefits.    What’s Hot in Workers’ Comp, Vol. 29, No. 1, January 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

What's Hot in Workers' Comp

TOP 10 DEVELOPMENTS IN FLORIDA WORKERS’ COMPENSATION IN 2024

December 1, 2024

1.    As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, Fla. 1st DCA, DCA#: 21-3530 The claimant, a firefighter, tested positive for COVID-19 and within a month suffered a heart attack. Three months prior, in a routine cardiology visit, he had been cleared and had no issues. After the heart attack, his condition deteriorated, and he ultimately required a heart transplant. The judge of compensation claims ruled COVID-19 caused the heart issues. Then the judge found the claimant contracted the virus at work, based on the timeline of his co-worker’s diagnosis of COVID-19, while his close contacts never developed symptoms or tested positive. The First District Court of Appeals affirmed the judge’s ruling, finding it was supported by competent substantial evidence. 2.    Claimant counsel’s appeal of order denying statutory fee on settlement was overturned and held to be reasonable. Rudolph v. Darien Smith, The Home Depot U.S.A., Inc. and Liberty Mutual Ins. Co., Fla. 1st DCA, DCA#: 22-1627 The claimant settled the medical portion of a complex case, stemming from a 1993 date of accident, with his sixth attorney (Mr. Rudolph) for $13.5 million. They petitioned the judge to award attorney’s fees for all six attorneys for a total of $1,330,000, which is $695,750 lower than the statutory guideline amount at 9.85%, and accounted for 5.9% of the overall settlement. Out of that amount, Mr. Rudolph resolved the liens of all prior counsel. The judge reduced Mr. Rudolph’s fee from $805,000 to $123,000. The First District Court of Appeal reversed, saying the judge erred by being hyper-focused on converting the fee to determine an hourly rate. 3.    The 120-day rule does not apply if the employer/carrier only accepted compensability and provided treatment for a temporary exacerbation. Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027 The employer/carrier accepted compensability of an exacerbation of a knee injury. The claimant asserted the employer/carrier failed to issue a 120-day letter and to deny her request within 120 days. The judge of compensation claims stated a correct analysis of this issue requires three findings: (1) the date the employer/carrier first provided benefits for the claimant’s condition, (2) the identity of the specific injury for which benefits were provided, and (3) whether the employer/carrier timely denied compensability of the injury for which it provided benefits. The judge held that the 120-day rule did not apply to the pre-existing knee degenerative joint disease because the employer/carrier never provided any medical treatment, other than for the temporary exacerbation. The claimant appealed, and the First District Court of Appeal affirmed without a written opinion. 4.    Notice requirement is not fulfilled by reporting an injury via Petition for Benefits within 30 days of alleged accident. Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., Fla. 1st DCA, DCA# 22-4145 The claimant, a senior claims adjuster, alleged a bike injury during work but admitted he did not report the accident to his employer. A petition was later filed. The claimant argued that notice was timely because the petition was filed within 30 days of the subject and alleged date of accident. However, the judge of compensation claims pointed out that section 440.185 1(d), Florida Statutes (2021) states: “Documents prepared by counsel in connection with litigation, including but not limited to notices of appearance, petitions, motions, or complaints, shall not constitute notice for purposes of this section.” The claimant testified he did not give notice to his employer of this alleged accident. The petition, pursuant to statute, does not serve to fulfill the notice requirement. The judge also denied the petition based on misrepresentation due to inconsistencies in the claimant’s testimony. The claimant appealed, and the First District Court of Appeal affirmed without a written opinion. 5.    A judge of compensation claims must be specific when awarding non-professional attendant care to a family member. Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, Fla. 1st DCA, DCA#: 22-1485 The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claims ordered the employer/carrier to pay him for 30 hours per week at the federal minimum wage. The judge made a generalized finding that services, “such as carrying her upstairs for her bathe, qualifies as attendant care under Florida Law.” The judge did not specify which “services” provided by the husband qualify for compensation, and the employer/carrier argued that some services do not qualify. The First District Court of Appeal agreed with the employer/carrier in this regard and found that the judge erred in its award for non-professional attendant care. The judge could not award compensation for the husband under 440.13(1)(b), Fla. Stat. (2020), “that falls within the scope of household duties and other services normally and gratuitously provided by family members.”  6.    Pending petition for fees and costs does not toll statute of limitations, nor does payment of attorney’s fees and/or costs, as these petitions are pending and relate to jurisdiction only.  American Airlines Group; American Airlines and Sedgwick CMS v. Alejandro Lopez, Fla. 1st DCA, DCA#: 23-0379 The employer/carrier asserted a statute of limitations defense in response to a petition filed. The First District Court of Appeal held that the judge of compensation claims erred in presuming that reserving jurisdiction on a pending petition for benefits for attorney’s fees tolls the statute of limitations. Once that issue is resolved, the pending status is effectively extinguished. The judge also erred by disregarding the plain language of the statute. “Pending” status of a petition for benefits is an element of jurisdiction, while “tolling” is a separate legal doctrine that delays the time limits for pursuing a claim. The payment of attorney’s fees and costs is not a “benefit.” To hold same would add another tolling event to the statute outside of the two contained in section 440.19(2); “payment of any indemnity benefits or the furnishing of remedial treatment, care or attendance.” 7.    Judge of compensation claims abused his discretion in rejecting the terms of the employment contract as it expressly stated the claimant would receive his salary only during the five-month championship playing season. Detroit Tigers, Inc. and Sedgwick CMS v. Austin Sodders, Fla. 1st DCA, DCA#: 23-0827 A dispute arose over the claimant’s average weekly wage when his claim involved a contract over a five-month period. All agreed that the judge of compensation claims was to determine the average weekly wage under section 440.14(1)(d), the so-called catch-all provision, which states: “If any of the foregoing methods cannot reasonably and fairly be applied, the full-time weekly wages of the injured employee shall be used.” The First District Court of Appeal held the judge abused his discretion when rejecting the terms of the contract. There was no competent, substantial evidence to support that the claimant would have been paid $1,500 per month over 12 months. The contract expressly provided he would receive his salary only during the five-month championship playing season. The case was reversed and remanded. 8.    Essential hypertension without evidence of disability did not meet presumption of compensability under Heart/Lung Bill, Fla. Stat. 112.18(1).  Cloris Vazquez v. City of Miami Beach and Corvel Corporation, OJCC# 22-015627 The claimant, a police officer, had elevated blood pressure. He was treated at a hospital and had further work-up, which caused him to miss work. The judge of compensation claims was not persuaded by any of the arguments offered by the claimant and afforded the expert medical advisor’s opinions the presumption of correctness. The judge held the evidence was insufficient to establish the claimant suffered disability as a result of his diagnosed essential hypertension and that the presumption of compensability under the Heart/Lung Bill did not apply. Further, the judge ruled the remaining medical evidence did not establish a causal relationship of hypertension to his work activity; therefore, compensability was denied. The claimant appealed, and the First District Court of Appeal affirmed the decision per curiam. 9.    An order imposing sanctions on the claimant’s attorney highlights the non-frivolous litigation and ‘good faith’ limitations imposed on the statutory right to file petitions for benefits. Willie Arrington v. Advanced Disposal – West Palm Beach/ Gallagher Bassett Services, Inc., OJCC # 21-013075 While not a District Court opinion, this judge of compensation claims’ order addresses an ever-increasing source of frustration: the filing and maintaining of petitions for benefits without good faith efforts to either resolve disputes before filing or to dismiss petitions once the disputes are resolved. In this case, the claimant filed five petitions for benefits within twelve weeks. The employer/carrier filed a motion for sanctions, arguing that either the benefits requested had already been provided before the petitions were filed or that they were timely provided and that the petitions were frivolously maintained thereafter. The judge of compensation claims found the single e-mail, sent after business hours the day before filing the petition during business hours, “does not constitute a good faith effort to resolve the matter.” He further found that claimant’s counsel frivolously maintained the petition well after the carrier provided the requested benefits.  10.    Sufficient compliance with the Florida Drug-Free Work Place policy rules by employers and medical review officers is not enough.  Louis Gonzalez Chanza v. Orlando World Center Marriott and Marriott International, Inc. and Self-Insured, OJCC # 22-013883 Once again, sufficient compliance with Florida’s Drug-Free Work Place (DFWP) rules by employers and medical review officers is not enough. This case also highlights the disconnect between Florida’s Workers’ Compensation Act and the laws permitting medical marijuana. The judge ruled that the employer did not fully comply with all of the DFWP requirements under section 440.102 because it did not contain a representative sampling of the name, address and phone numbers of local drug rehab programs. Further, the policy did not comply with the portion that required positive confirmation of the test result to the employee in writing. Dr. Portnoy placed the review on “medical hold,” pending receipt of the medical marijuana card and when not received, reported the positive drug test. Therefore, the judge held that the DFWP presumption did not take place and the employer/carrier failed to show that intoxication caused the injury. The First District Court of Appeal affirmed without a written opinion.    What’s Hot in Workers’ Comp, Vol. 28, No. 12, December 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.  

Firm Highlights

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

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

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.