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What's Hot in Workers' Comp

What’s Hot in Workers’ Comp - News and Results*

What’s Hot in Workers’ Comp, Vol. 30, No. 1, January 2026

January 1, 2026

RESULTS*

Tony Natale (King of Prussia, PA) successfully prosecuted a termination petition. The claimant, a police officer for the borough, sustained a work injury to the neck, back and lower extremities in the form of aggravations of pre-existing conditions. The claimant testified that he only treated sporadically for the pre-existing condition before the work injury and that his treatment intensified greatly after the work injury. To the contrary, the treatment records showed the claimant regularly treated for his medical conditions three times a week prior to the work injury, all the way up to two days before the work injury. The claimant’s expert was unaware of the prior treatment, and on cross examination Tony was able to force the expert to agree that the claimant’s base-line condition was equivalent to the current symptomatology. As such, the court granted the full recovery as the claimant reached base line and fully recovered from the work aggravation.

Rachel Ramsay-Lowe and Bill Murphy (both of Roseland, NJ) received dismissal without prejudice. The petitioner alleged a motor vehicle accident on May 5, 2024, resulting in injuries to her neck, back, left side of her body and her left arm. A motion was filed to dismiss for lack of employment, arguing that the petitioner was never in the employment of our insured. The motion was unopposed, and on November 25, 2025, the judge ordered dismissal of the claim for lack of employment. 

Anna Robertelli and Bill Murphy (both of Roseland, NJ) received dismissal without prejudice. The petitioner alleged occupational exposure from October 2013 to October 2023, resulting in orthopedic and neurologic injuries to his right arm, hand and wrist, including but not limited to carpal tunnel syndrome. Following the petitioner’s failure to timely respond to our discovery requests, a motion to dismiss was filed for lack of prosecution. On December 8, 2025, the judge entered an order for dismissal for lack of prosecution.

Michael Duffy (King of Prussia, PA) and Alana Staniszewski (Pittsburgh, PA) were successful in having a Claim Petition denied where the claimant avered he sustained work-related chemical burns. The claimant testified that while working for the employer, he sat on an overturned trash can to take a brief break before clocking out. After getting up, he noticed his pants and underwear were wet. He punched out and walked to his apartment about a block away. He undressed, took a shower, and noticed his buttocks burning. He put a cream on it, but it became worse. The next morning he sought medical treatment. He was hospitalized from August 3, 2024, until September 3, 2024, as he had second degree chemical burns on his buttocks and the back of his thighs. He received an incision, debridement, and soft tissue necrosis procedure to his perineum, buttock and left thigh. The claimant eventually was released to return to work without restrictions and found fully recovered by his doctor. No medical testimony was submitted. The claimant submitted medical records and relied upon a one-page report opining that his burns were related to sitting on a wet trash can. No details were provided regarding any specific exposure to chemicals. We presented fact witness testimony detailing the claimant’s job duties and exposure to chemicals which revealed the claimant was not exposed to any hazardous chemicals, only normal cleaning supplies. Video footage submitted revealed the claimant sitting on the trash can, getting up, moving to another trash can, and then leaving without issue; he never looked at his pants or felt his pants to see if they were wet. The workers’ compensation judge found the claimant’s testimony not credible because he would expect the claimant to try to touch his pants, look at it, or dry it off. He did not find the claimant credible regarding showering and then sleeping with the burning sensation before seeking treatment 16 or more hours later. The judge also found the employer’s fact witness credible. He did not find the claimant’s one-page medical report credible as this claimant’s expert opinion was cursory and provided no explanation other than merely relying on the claimant’s history. Thus, the claim petition was denied and dismissed.

Michael Duffy (King of Prussia, PA) successfully settled a case with no admission of liability and a settlement of $24,500 with no payment of medical bills. The claimant, a mason, alleged he sustained a stroke while at work. The claimant reported to work in the morning, although he told his supervisors he was not feeling well. He was provided an apprentice and told to take it easy. He went to the bathroom multiple times and then asked to leave early. He left after about two to three hours of working. He then went to the hospital, was discharged, and then went back. When he returned, he was told he had a stroke. He was hospitalized for a period of time and then discharged with out-of-work restrictions. His expert testified that the claimant’s job duties as a mason caused his stroke. Specifically, this expert alleged the claimant’s job was physically demanding, he was regularly exposed to concrete dust and had stressors from supervising an apprentice, all of which caused his stroke. Our expert testified that the claimant’s stroke was a result of his unregulated hypertension and failure to consistently take his blood pressure medication. The employer’s fact witness testimony revealed the claimant did not supervise any apprentice and wore respirators whenever he was exposed to concrete dust. After completing all evidence, claimant’s counsel presented a demand of $310,000 plus payment of medical bills and reimbursement of litigation costs. 

*Prior Results Do Not Guarantee a Similar Outcome 


NEWS

Michael R. Duffy (King of Prussia, PA) we recently elected a shareholder of the firm effective January 1, 2026. Mike 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. He 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. 

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies. 

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.