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Marshall Dennehey Announces 2026 Shareholder Class and Special Counsel Promotions

December 15, 2025

Marshall Dennehey is pleased to announce that 16 attorneys have been elected shareholders of the firm effective Jan. 1, 2026. Additionally, two attorneys have been promoted from associate to special counsel. These new shareholders and special counsel represent the firm’s four core departments – Casualty, Professional Liability, Health Care and Workers’ Compensation – and come from 11 of the firm’s 19 offices. 

“We are delighted to welcome this outstanding class of newly elected shareholders,” said G. Mark Thompson, President & CEO of Marshall Dennehey. “Each of them has demonstrated exceptional skill, dedication, and leadership in advancing the interests of our clients and strengthening our firm. We look forward to the impact these individuals will make as leaders in our profession and contributors to our collective success.”

Promoted to Shareholder

PHILADELPHIA, PENNSYLVANIA
Holli K. Archer, Health Care Department (former Associate)
Holli defends health care practitioners, medical providers, and dental providers, against all manner of medical and dental malpractice suits. She also handles licensure matters before State Boards of Medicine, Dentistry and Nursing. She is a member of the Pennsylvania and Philadelphia Bar Associations and is recognized as a Pennsylvania Super Lawyer Rising Star and a Best Lawyers: Ones to Watch. She is a graduate of the University of Scranton and Loyola University New Orleans School of Law. Holli is admitted to practice in Pennsylvania.

Jack A. Bennardo, Jr., Casualty Department (former Associate)
Jack primarily focuses his practice on construction injury and construction defect litigation, and trucking and transportation litigation. He provides legal counsel to construction companies and contractors, commercial property owners/managers, trucking companies, amusement parks and recreational facilities, and insurance companies in Pennsylvania. Jack also handles a wide array of serious loss cases where there is often catastrophic injury or death in the areas of premises liability, product liability, construction accident, construction defect, commercial trucking, insurance coverage, and sports, amusement and entertainment litigation. He is a graduate of Fordham University and Villanova University Charles Widger School of Law and is admitted to practice in Pennsylvania and New York. 

Julianne M. Curry, Casualty Department (former Special Counsel)
Julianne has over 20 years of experience representing clients in a wide variety of high-exposure trucking, motor vehicle, construction accident, premises liability and construction defect litigation. She frequently litigates multiparty matters and has served as a certified arbitrator for the Philadelphia Court of Common Pleas. She is a graduate of Rutgers, the State University of New Jersey, and Rutgers Law School. Julianne is admitted to practice in Pennsylvania. 

KING OF PRUSSIA, PENNSYLVANIA
Michael R. Duffy, Workers’ Compensation Department (former Associate)
Michael focuses his practice on defending employers and insurance carriers in matters related to workers’ compensation. He represents employers across numerous industries including trucking, construction, landscaping, manufacturing, hospitality and long-term care. Michael is a member of the Pennsylvania Workers’ Compensation Coalition, Brehon Law Society, Philadelphia Bar Association and Judge Alexander F. Barbieri Workers’ Compensation Inn of Court. He earned his Bachelor of Arts in Political Science from Pennsylvania State University and his juris doctor from Widener University Delaware Law School. He is admitted to practice in Pennsylvania and New Jersey.

Robert A. Morton, IV, Casualty Department (former Associate)
Rob concentrates his practice in the areas of construction accident and construction defect litigation, premises liability, trucking and commercial motor carrier liability, and veterinary malpractice and licensure defense. He regularly provides legal counsel to developers, general contractors, subcontractors, and hotel operators, as well as trucking companies and a national bus company. He is a graduate of Saint Joseph’s University and Widener University School of Law and is admitted to practice in Pennsylvania and New Jersey.

PITTSBURGH, PENNSYLVANIA
Nicholas A. Cerimele, Health Care Department (former Associate)
Nicholas devotes the entirety of his practice to the defense of physicians, nurses, hospitals, physicians assistants and physician practice groups in professional liability litigation. He has more than 20 years of experience representing health care providers in medical malpractice cases. Nicholas is a graduate of Pennsylvania State University and the Thomas R. Kline School of Law of Duquesne University. He is admitted to practice in Pennsylvania. 


MOUNT LAUREL, NEW JERSEY
Brielle K. Winkler, Casualty Department (former Associate)
Brielle provides legal counsel and representation in the areas of automobile liability, underinsured/uninsured motorists claims, premises liability and condominium/community association law. Her clients include small businesses, condominium associations, large public companies and insurance carriers. Brielle also handles personal injury matters related to auto liability on behalf of retail establishments, building owners, homeowners, drivers and businesses. She is a graduate of Towson University and Rutgers Law School, and she is admitted to practice in New Jersey and Pennsylvania. 

ROSELAND, NEW JERSEY
Nataliana A. Guida, Health Care Department (former Associate)
Nataliana (Talia) devotes her practice to medical malpractice litigation, defending the interests of physicians, dentists, nurses, hospitals, and other healthcare providers and institutions. Talia is also experienced in handling licensing and disciplinary board matters. She is a graduate of Quinnipiac University and New York Law School, and is admitted to practice in New Jersey. 

PURCHASE, NEW YORK
Sanford G. Jacobs, Casualty Department (former Special Counsel)
Sanford has over 30 years of experience in trucking and transportation liability, general liability, premises liability, motor vehicle liability, construction injury litigation, product liability and toxic torts. His extensive experience includes handling cases from inception through jury trial throughout the New York Metropolitan area, upstate New York and the state of Florida. He is a graduate of the State University of New York at Oneonta and Western Michigan University Thomas M. Cooley Law School. He is admitted to practice in New York, the District of Columbia and Florida.

FORT LAUDERDALE, FLORIDA
Seth B. Altman, Professional Liability Department (former Associate)
Seth focuses his practice on representing and defending clients in insurance coverage and first-party property matters. Prior to joining Marshall Dennehey, Seth served as in-house counsel for two insurance companies where he litigated first-party property cases and was a member of the assignment of benefits and catastrophe (hurricane) divisions. Seth is also experienced in investigation, and he counseled and instructed his former claims departments in pre-suit matters. He is a graduate of the University of Florida and Albany Law School and is admitted to practice in Florida and New York. 

Holly M. Hamilton, Professional Liability Department (former Associate)
Holly focuses on a wide variety of professional liability litigation matters in state and federal court. A significant portion of her practice includes the defense of a variety of employment matters, including discrimination, harassment, and retaliation claims from the administrative (i.e., EEOC) stage through litigation. Another significant part of her practice consists of director and officer disputes in not-for-profit condominium and other community associations. She is a graduate of Florida International University and the Maurice A. Dean School of Law at Hofstra University. Holly is admitted to practice in Florida, New Jersey and New York. 

Matthew J. Wildner, Professional Liability Department (former Associate)
Matthew focuses his practice on commercial litigation, construction defect litigation and a wide variety of professional liability litigation matters. Litigating in both state and federal courts, he defends design and construction professionals independently as well as through their insurance carriers in complex construction defect suits involving a variety of claims, such as building and design-related deficiencies, code violations, negligence, breach of contract and fraud, as well as insurance coverage claims under GL policies. Matthew additionally represents condominium associations, directors, officers, and property managers in matters involving breach of fiduciary duty, violations of governing documents, and construction and maintenance obligations. He is a graduate of the University of Florida and Stetson University College of Law and is admitted to practice in Florida. 

JACKSONVILLE, FLORIDA
Kathleen A. Carlson, Casualty Department (former Associate)
Kathleen focuses her practice on automobile liability matters with an emphasis on uninsured/underinsured motorist claims. She also represents a wide array of clients in general liability matters. She is a graduate of the University of Florida and the University of Florida Levin College of Law. She is admitted to practice in Florida. 

Taylor A. Naughton, Professional Liability Department (former Associate)
Taylor focuses his practice on construction defect litigation, representing contractors, subcontractors, material suppliers, developers and design professionals when claims are made against them. He routinely counsels clients in construction disputes, handling pre-suit investigations, multi-party claims, code violations, negligence and breach of contract claims. He is a graduate of Jacksonville University and Florida Coastal School of Law. Taylor is admitted to practice in Florida. 

ORLANDO
Carolin A. Pacheco, Professional Liability (former Associate)
Carolin defends insurance carriers in first-party insurance coverage claims and complex matters pertaining to coverage and bad faith claims. She also represents condominium association boards in directors and officers suits, as well as real estate agents, brokers, and appraisers in errors and omissions claims. She also litigates FDCPA claims and suits brought by debtors against the collection services assigned to recover the debt. Carolin is a graduate of the University of Central Florida and Stetson University College of Law. She is admitted to practice in Florida. 

TAMPA, FLORIDA
Sean P. Greenwalt, Casualty Department (former Associate)
Sean focuses his practice on amusement, sports, and recreation matters as well as fraud and personal injury protection (PIP) disputes. He litigates a variety of complex matters on behalf of corporations involving premises liability, commercial auto liability, catastrophic loss, wrongful death and commercial contract disputes. He also has experience defending first-party auto coverage suits and conducting examinations under oath. Sean is a member of the Florida Defense Lawyers Association and Claims Litigation Management Alliance. A graduate of Old Dominion University and Ave Maria School of Law, he is admitted to practice in Florida. 

Associates Promoted to Special Counsel

MELVILLE, NEW YORK
Ian L. Glick, Casualty Department
Ian handles cases from inception through resolution involving New York State Labor Law, construction accidents, premises liability, product liability, auto liability, general liability and subrogation claims. He is a graduate of the University of Wisconsin and St. John’s University School of Law. Ian is admitted to practice in New York and New Jersey. 

Noriel L. Sta. Maria, M.D., Casualty Department
Noriel concentrates his practice in the areas of asbestos and toxic tort litigation. As both a physician and an attorney, he leverages his deep medical expertise to strengthen legal defenses, offering a distinct advantage in cases where medicine plays a critical role. Noriel is a graduate of the SUNY Downstate College of Medicine and obtained his juris doctor from Fordham University School of Law. He is admitted to practice in New York. 

2026 Shareholder Class

Firm Highlights

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

Florida Supreme Court Adopts Traditionally More Expansive Concept of Occupational Causation

The Florida Supreme Court issued a significant decision rebuking the First District Court of Appeal (1st DCA) in the high-profile case of Bouayad v. Normandy Insurance Co., a case addressing the compensability of workplace injuries resulting from assaults by third-party tortfeasors. The Judge of Compensation Claims (JCC) found the claimant was entitled to workers' compensation benefits, relying in part on the Florida Supreme Court's earlier decision in Strother v. Morrison Cafeteria from 1980. In Strother, the Court upheld an award of benefits to a cashier who was assaulted and robbed by individuals who followed her home from work under the mistaken belief that she was carrying restaurant cash deposits. In Bouayad, the 1st DCA concluded that the claimant's injuries were not compensable because they did not arise out of his employment. The Florida Supreme Court disagreed, holding that the 1st DCA applied too narrow an interpretation of the "arising out of employment" requirement. In doing so, the Court reaffirmed a broader and more traditional view of occupational causation than that recently adopted by the 1st DCA. The claimant in Bouayad was the general manager of a car rental business operating from a hotel near an airport. Around midnight, while walking along a covered outdoor walkway from the hotel's atrium, where the rental kiosk was located, to an office near the pool, he was shot multiple times by an unidentified assailant. As part of his regular duties, the claimant carried rental agreements and cash receipts from the kiosk to the office at the end of each shift. After the shooting, the claimant managed to return to the hotel atrium, where he stated that he believed "Robert" had shot him, referring to an individual who had threatened the claimant's son the previous day. The assailant, however, was never identified. Consequently, the Supreme Court analyzed the case as involving an unknown third party while the claimant was acting within the course and scope of his employment. The central issue therefore was whether the injury "arose out of" the claimant’s employment. At the final hearing, the claimant presented evidence regarding the risks and hazards associated with his employment, including the nature of his duties, his late-night work schedule, and the location of the business in a high-turnover hotel near a major airport. His expert opined that these factors exposed him to an increased risk of becoming the victim of a crime while at work. In contrast, the employer/carrier's expert characterized the shooting as a targeted attack rather than a robbery and asserted that the risk of violent crime was actually higher near the claimant's residence than at the hotel. Based on that analysis, the expert concluded that the claimant was not exposed to an increased workplace risk. The 1st DCA focused narrowly on the specific activity the claimant was performing at the moment of injury. According to the court, the claimant's “work performed” at the time of the shooting was simply "walking" between two employer-operated locations, and that act of walking did not itself cause the injury. The Florida Supreme Court found this analysis far too myopic and inconsistent with decades of workers' compensation precedent. Reaffirming longstanding principles of workplace causation, the Court explained that the proper inquiry is not whether the precise physical task being performed at the moment of injury directly caused the harm. Rather, the relevant question is whether the employment, viewed as a whole, exposed the worker to risks and hazards that contributed to the injury. The decision is significant because it reinforces a broader conception of work-relatedness in the “arising out of” compensability analysis. Instead of limiting the causation analysis to the employee's discrete physical activity at the time of injury, courts must consider the totality of the employment circumstances, including the employee's duties, work environment, hours, and occupational risks. Under that framework, an injury may arise out of employment when the employment places the employee in a position of increased hazard, even if the specific task being performed at the moment of injury is not itself the direct cause of the harm.

Thought Leadership

Appellate Division Affirmed Trial Judge’s Orders Granting Summary Judgement for Defendants on COVID-19 Case

In Dunne v. Advanced Subacute Rehab Servs. at Sewell, LLC, et al., the plaintiffs appealed from two Law Division orders. By way of background, Louis Doto, Sr. (Doto) worked for BP & SC Services, Inc. (BP). BP leased Doto to Advanced Subacute Rehabilitation Center at Sewell, LLC (Advanced Subacute) and it had control of his work, paid wages, and had the power to hire or fire him. A BP employee was assigned to the facility to train and supervise him and BP was responsible for securing workers’ compensation coverage. Doto worked as an aide in the laundry department. Linen from COVID-19 residents were delivered in clearly marked bags and he had no direct contact with residents. A co-worker, Sheila Smith, was also an aide and she never contracted COVID-19 at the facility. Advanced Subacute did not require Doto to wear an N-95 mask, but instead a surgical mask, though N-95 masks were available to all employees. He was also required to attend period mandatory meetings with other high-risk employees, the last of which he attended was in November 2020. All employees were required to test for COVID-19 and there were no reported cases from June to October 2020. On December 23, 2020, Doto tested positive for COVID-19 and passed away on January 18, 2021. The last member of housekeeping that Doto may have encountered tested positive 22 days earlier. After his death, OSHA found two “serious” violations concerning the N-95 masks worn by housekeepers. In response, Advanced Subacute fit tested all non-clinical staff. Doto’s estate filed a workers’ compensation claim and named both BP and Advanced Subacute as his employer. The estate received an award. In July 2022, the plaintiffs filed a complaint in the Law Division, alleging wrongful death and survivor causes of action. In October 2024, the defendants moved for summary judgment, arguing: 1) immunity pursuant to the Emergency Health Powers Act: 2) the exclusive remedy provision of the Workers’ Compensation Act; 3) Doto’s inability to establish infection at the facility; 4) net expert opinions by the plaintiffs’ expert; and 5) inadmissibility of the OSHA report. The plaintiffs opposed and filed a cross-motion for summary judgment, arguing: 1) no immunity as Advanced Subacute engaged in gross negligent or willful misconduct; 2) no preclusion by the Workers’ Compensation Act as Doto was not Advanced Subacute’s employee; and 3) no net expert opinions. In February 2025, the judge issued a written decision granting the defendants’ motion. Specifically, he found Advanced Subacute’s COVID-19 immunity precluded the plaintiffs’ claim as no reasonable jury could find any gross negligence or utter disregard for Doto’s safety. He also addressed the other defenses for completeness. The plaintiffs moved for reconsideration and the judge issued another written decision denying the plaintiffs’ motion in April 2025. The plaintiffs then appealed both decision. The Appellate Division affirmed the orders for reasons stated by the judge in his written decisions. The Appellate Division only added: 1) Advanced Subacute acted consistently with the legislative grant of immunity; 2) there was no doubt Doto was an employee of both BP and Advanced Subacute and the latter may have inadvertently failed to follow some precautions; and 3) confirmed the plaintiffs’ experts did not identify a basis for their opinions. Ultimately, the Appellate Division found no reason to disturb the judge’s well-reasoned decisions and affirmed the judge’s orders.

Thought Leadership

Commonwealth Court Deemed Worker an Employee Despite Independent Contractor Agreement; Insurer Estopped from Denying Coverage

In this case, the claimant filed a Claim Petition for injuries sustained on October 28, 2019, naming J&S as his Employer, and alleging that the injuries occurred when he fell from a ladder while installing a satellite dish for Dish Network. Dish Network contracted with J&S to install satellite dishes. Subsequently J&S filed a Petition to Join Brickstreet Insurance Company and the claimant filed a Claim Petition against the Uninsured Employer Guaranty Fund. The Fund then joined Dish Network as another employer.  Before the Workers’ Compensation Judge (WCJ), the claimant testified that he was hired in 2015 by J&S and at the time signed an Independent Contractor Agreement (IC Agreement). J&S defended the case on the basis that the claimant was not an employee, but was an independent contractor, even after the IC Agreement expired. Additional evidence showed that, at the time of the October 28, 2019, work injury, J&S’ workers’ compensation insurance with Brickstreet had lapsed, even though a Brickstreet agent had been working to renew J&S’ policy and had a Certificate for coverage from September 25, 2019 to September 25, 2020 issued, with Dish Network listed as the Certificate Holder. A renewal policy was not in effect at the time the Certificate was issued and the agent learned on October 25, 2019 that Brickstreet was not going to renew their policy with J&S, due to an unpaid premium.    Ultimately, the WCJ found that the claimant was an employee of J&S at the time of the work injury and that J&S did not have a workers’ compensation policy in place at the time, due to their failure to pay the renewal premium to Brickstreet. The WCJ also found Dish Network was a Statutory Employer under Section 302(a) of the Act. The Claim Petition and the Guaranty Fund Claim Petition were both granted, as was the Guaranty Fund’s Petition to Join Dish Network. The WCJ also denied J&S’ Petition to Join Brickstreet, finding that neither J&S or Dish Network showed that Brickstreet was estopped from denying coverage. J&S and Dish Network appealed to the Workers’ Compensation Appeal Board (Board) and the Board affirmed. J&S and Dish Network appealed to the Commonwealth Court. The Commonwealth Court rejected J&S' argument that the claimant was an independent contractor. In doing so, the court noted that the claimant credibly testified that he worked for J&S full time, could not work for another company, and that J&S, scheduled his jobs, tracked him, and scheduled additional installations, if he finished early. Additionally, the court noted the claimant lacked discretion in the manner he performed his job, because all questions had to be referred to J&S.  As for Dish Network’s appeal, the court held that the WCJ erred in holding that Brickstreet was not estopped from denying coverage as to Dish Network. According to the court, the insurance agent was an authorized representative of Brickstreet and, at the direction of J&S, issued the Certificate of Insurance that he knew was not accurate at the time, and was aware would be presented as proof of coverage for J&S. Dish Network relied upon that information and continued to use J&S, ultimately leading to Dish Network being named as the Statutory Employer liable for payment of benefits because of J&S’ uninsured status. The court held that the Board erred in affirming the WCJ ’s conclusion that Dish Network did not establish that Brickstreet was equitably estopped from denying coverage, reversed the decision below, and remanded the case to the WCJ.