.

What's Hot in Workers' Comp

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

What’s Hot in Workers’ Comp, Vol. 29, No. 4, April 2025

April 1, 2025

NEWS

Marshall Dennehey Announces 2025 New Jersey Super Lawyers Rising Stars

We are pleased to announce that Kiara Hartwell and Adam Huber (both of Mount Laurel, NJ) have been selected to the 2025 edition of New Jersey Super Lawyers magazine. A Thomson Reuters business, Super Lawyers is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, no more than five percent of the lawyers in the state are selected as Super Lawyers and no more than 2.5 percent are selected for Super Lawyer Rising Stars. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 


 

RESULTS*

Michael Duffy (King of Prussia, PA):

  • The Worker’s Compensation Judge granted the Review and Termination Petitions and denied the claimant’s Review Petition. The claimant fell approximately 20 feet from a ladder while climbing off a roof. He landed on his feet and sustained bilateral calcaneal fractures. The employer issued a Notice of Compensation Payable accepting bilateral ankle fractures. In his Termination Petition, Michael alleged a full recovery and filed the Review Petition to amend the description of injury to bilateral calcaneal fractures instead of bilateral ankle fractures. The claimant, too, filed a Review Petition to amend the description of injury to include traumatic neuropathic pain secondary to bilateral calcaneal fractures, lumbar spine strain, lumbar spine disc injury and bilateral lumbar radiculopathy. The workers’ compensation judge found the defense expert more credible than the claimant’s expert. 

Benjamin Durstein (Wilmington, DE):

  • The Industrial Accident Board rejected the claimant’s allegation that she sustained a 40% permanent impairment to the left arm caused by complex regional pain syndrome. The claimant’s expert used the 5th Edition of the AMA Guides to the Evaluation of Permanent Impairment to arrive at 40%. Instead, the Board accepted the testimony of the employer’s medical expert, who relied upon the 6th Edition of the AMA Guides. The Board concluded that the appropriate rating was 13% to the left upper extremity.

Tony Natale (King of Prussia, PA):

  • Successfully prosecuted a Termination Petition involving a claimant who tripped at work and sustained an injury to the knee. The claimant’s body habitus was one of morbid obesity prior to the injury. Expert medical evidence was presented demonstrating the work injury was limited to a contusion and that the significant degeneration in the knee was pre-existing and due to wear and tear related to morbid obesity. The court found the expert’s opinion of full recovery to be credible and limited the injury to a knee contusion which fully resolved, resulting in a complete defense verdict.
  • Successfully defended a Claim Petition involving a claimant who was helping to lift a 400-pound slab when she felt her shoulder “pop.” After vigorous cross examination, the claimant admitted that she provided notice 122 days after the date of injury (which was untimely by the letter of the law). She then asserted that her injury was “repetitive trauma” and argued that each day she worked after the original incident caused a new injury. Cross examination of the claimant’s medical experts dispelled her theory of compensability. The court dismissed the Claim Petition on the bases of a violation of the notice provisions of the Act and on the lack of credibility of the medical experts presented. A complete defense verdict on all counts. 
  • Successfully defended a Claim Petition involving a claimant, who slipped and fell down a flight of concrete stairs and alleged multiple injuries to body parts, from head to toe. The employer’s panel doctor found the work injuries limited to the claimant’s extremities. The claimant was referred by his attorney to a pain specialist who opined significant injuries to multiple body parts. However, claimant’s a expert was forced to admit that he has been practicing medicine for less than two years and only offered opinions about neck and back injuries—nothing else. The claimant alleged serious disc herniation injuries in the neck and back and still pursued other body part injuries in the litigation with no additional expert evidence. The employer presented an orthopedic surgeon who found no injuries on the date of his evaluation and opined that the claimant fully healed from any injuries he may have sustained. The court found only minor strains to the neck and back with a full and complete recovery (and no further benefits due). Allegations of multiple disc herniation injuries were dismissed as unrelated.
  • Successfully prosecuted a Suspension Petition involving a claimant who was released to return to work with restrictions and ultimately to full duty. She failed to return to her pre-injury position upon release to full duty, but she did return to alternate employment. Any wage loss was argued to be unrelated to the work injury since the pre-injury job was open and available. The court granted a suspension of benefits on this basis, resulting in a full defense verdict. 
  • Successfully prosecuted a third level appeal regarding Medicare conditional payments after an auto accident injury. This appeal centered on the federal government’s contractor who continually denied the company’s initial level appeals to limit conditional payment recoupment based on policy exhaustion. The court found the evidence submitted supported the auto policy at issue, the payments made on the basis of the policy and exhaustion of the policy after paying numerous medical bills. The government sought additional conditional payments and after a vociferous oral argument, the court found no additional conditional payments were due. 

Michele Punturi (Philadelphia, PA):

  • Successfully prosecuted a Modification Petition, establishing a significant reduction in dependent benefits as the claimant’s daughter was over 18 and was not enrolled as a full-time student in any accredited educational institution, pursuant to § 307 of the Pennsylvania Workers’ Compensation Act. Based upon documentary evidence and a sound legal argument, the judge granted the decrease in weekly benefits and awarded a 100% credit against future benefits for the employer to recoup the overpayment that occurred beginning in 2023.

Judd Woytek (King of Prussia, PA):

  • The workers’ compensation judge granted Petitions for Review of Utilization Review Determinations, finding the treatment by three of the claimant’s medical providers to be unreasonable and unnecessary. The treatments found unreasonable and unnecessary included electrical stimulation, chiropractic manipulation, PRP injections, Botox injections, pain patches, trigger point injections and office visits. 
  • The judge granted a Petition to Terminate benefits as the judge found the opinions of our medical expert competent and credible and terminated benefits as of the date of the IME. 
  • The workers’ compensation judge granted a Termination Petition and denied the claimant’s Review/Reinstatement Petition. The judge credited the opinions of our medical expert, that the claimant was fully recovered from his accepted low back strain and right shoulder strain and that surgery performed on the claimant’s shoulder was not related to the work injury. He also found the claimant’s own testimony to be inconsistent and not credible.

*Prior Results Do Not Guarantee a Similar Outcome 



 

What’s Hot in Workers’ Comp, Vol. 29, No. 4, April 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.

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

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.