Workers' Compensation Defense

 

NOTICE

Beginning September 2, 2025, in Pennsylvania, medical fee review applications will be required to be submitted electronically in WCAIS. Pease reach out to any of our Pennsylvania attorneys if you have questions.

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RESULTS*

Benjamin Durstein (Wilmington, DE) was successful in having a Petition to Determine Compensation Due, asserting a different date of injury, dismissed. The Industrial Accident Board denied the claimant’s Motion to Amend a Petition to reflect a different date of loss because the amendment was made more than two years from the date of the alleged work accident. The pending petition was dismissed, and any new petition with the “corrected” date of loss was barred by the statute of limitations.

Robin Romano, and Michael McMaster on brief (both of Philadelphia, PA), were successful in having a Claim Petition denied and dismissed. The claimant alleged she was hurt when a customer’s car backed into her on purpose. The claimant was later terminated from employment for belligerence to the customer. The employer’s surveillance video showed that the car barely made contact with the claimant. Fact witness testimony by the employer’s district manager, authenticating the footage and detailing the reasons for her termination, plus the testimony of two defense medical experts, convinced the workers’ compensation judge that the claimant failed to meet her burden of proof.

Robert Schenk (Philadelphia, PA) was successful in having a Claim Petition denied. The claimant alleged he sustained an injury to his right elbow when he tripped and fell at work. The workers’ compensation judge denied and dismissed the claimant’s claim, finding no injury or disability. In doing so, the judge noted that the claimant’s testimony as to how he was injured was completely inconsistent with video from the employer’s workplace. The claimant’s testimony was basically that a pallet jack violently hit him and threw him to the floor, causing his injuries. The video showed the claimant tripping over a pallet jack. It also showed him getting up and continuing to work

Audrey Copeland and Tony Natale (both of King of Prussia, PA) convinced the Commonwealth Court to affirm the decision of the Workers’ Compensation Appeal Board in favor of our client, the employer, which upheld the workers’ compensation judge’s denial of a Claim Petition. By Memorandum Opinion, the court found that the judge’s credibility findings were neither contradictory nor arbitrary and capricious and that the decision was reasoned. The court agreed with the employer that the defense experts’ opinions constituted substantial evidence, also noting that the Social Security Administration’s findings of disability were irrelevant to the issue of work-relatedness. The court concluded that the claimant failed to sustain her burden of proving a work-related injury, and since the causal connection between her “lingering symptoms and her work duties” was not obvious, she was required to present unequivocal medical evidence establishing that connection, which she failed to do. 

Robert Fitzgerald (Mount Laurel, NJ) received a significant positive outcome at trial. The petitioner sustained a significant injury in July 2013 and later filed a claim for permanent/total disability benefits. Given the petitioner’s age and the exposure of the case, had the petitioner been successful at trial, he would have received more than 26 years of benefits; an indemnity exposure of $556,000. Prior to trial, the petitioner refused to accept any settlement offer below permanent/total disability benefits. Trial began on July 8, 2025, with the petitioner’s testimony. Following the petitioner’s testimony, the judge dismissed the petitioner’s claim for permanent/total disability benefits and recommended a partial disability settlement, which equated to approximately $57,000 in total exposure, which the petitioner accepted. 

Michele Punturi (Philadelphia, PA) successfully prosecuted a Termination Petition involving a 65-year-old, 35+ year employee of a renowned international automobile corporation who sustained a left knee injury on June 19, 2023. Michele secured medical records that support a significant pre-existing history—with a prior left knee replacement and treatment leading up to June 1, 2023—and resulted in establishing that the only work injury sustained was a left knee contusion. Further, the opinions of the defense medical expert, a board certified orthopedic surgeon with a sub-specialty in the treatment of the knees, were found competent and credible, supporting a full recovery based upon his comprehensive physical examination and his review of records and diagnostic studies. The workers’ compensation judge further found the employer had a reasonable basis to contest all issues and denied attorney’s fees. Such a decision will result in a substantial recoupment of indemnity and benefits payments made throughout the course of the litigation via a Supersedeas Fund Reimbursement recovery. 

Tony Natale (King of Prussia, PA) successfully defended a Penalty Petition filed which alleged that Supreme Court precedent allows the finding of a penalty when a carrier does not immediately issue an award check after a decision on the merits. The check was issued 19 days after the decision (and within the 30-day time period commonly accepted in the business for payment of awards). The claimant argued that payment should have been made within one day of the award. The case turned on legal precedent concerning the efficacy of statements made in dicta versus common sense practice. The case held implications for procedure on payments of awards in Pennsylvania. After hearing oral argument, the court held that the employer’s argument was more logical and supported by the preponderance of the case law. The Penalty Petition was denied and dismissed by way of complete defense verdict.

Tony Natale (King of Prussia, PA) successfully defended a Claim Petition filed by the claimant, a police officer for the township. The claimant was called to the scene of an active shooter barricaded in his home. The officer was placed in a strategic position outside the home with weapon drawn. The standoff lasted many hours but was resolved peacefully when SWAT arrived. The claimant finished his shift and went home. The next morning he awoke with headaches, nausea, double vision and dizziness. Ultimately, he was diagnosed with mini-stroke, nerve palsy and resultant diplopia—he was disabled from working. He presented a neurologist whose deposition was riddled with objections since the neurologist tried to read into the record (and at times misread into the record) the diagnoses of a neuro-ophthalmologist. The neurologist then tried to argue that the claimant’s condition was a psychological injury in origin. All objections were sustained by the court. The employer presented the opinions of a board certified neuro-ophthalmologist, who opined that the claimant has no work-related injury. The court found the employer’s evidence to be more believable, and the claim petition was dismissed—full defense verdict.

*Prior Results Do Not Guarantee a Similar Outcome 

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NEWS

Blake Hood (Jacksonville, FL) was recently appointed as co-chair of the Jacksonville Bar Association’s Social Security/Workers’ Compensation Committee. 

Ryan Hauck (Pittsburgh, PA) was recently elected by his peers to serve a two-year term as a Council Member on the Allegheny County Bar Association Workers’ Compensation Section Committee. 

William Murphy (Roseland, NJ) authored the article “Medical Marijuana in New Jersey Workers’ Compensation Law,” which appeared in the New Jersey Law Journal’s Cannabis Supplement published on July 11. The article discusses developments since the 2021 Hager decision (Vincent Hager v. M&K Construction, 246 N.J. 1 (2021) and recent shifts in the legal landscape as state and federal laws have evolved with regard to medical marijuana. You can read the article here.

Elias Hassinger (Philadelphia, PA) recently participated in the firm’s Advanced Trial Advocacy and Mock Trial program. This year marked the 25th anniversary of our cornerstone training program that brings together attorneys from across our 19 offices to try a full civil case in our in-house courtroom. Participants gain invaluable experience under the guidance of senior litigators and alumni. Congratulations to Eli and all of this year’s participants for a job well done! 

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_{What’s Hot in Workers’ Comp, Vol. 29, No. 8, August 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.}