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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. 5, May 2026

May 1, 2026

RESULTS*

Tony Natale (King of Prussia) successfully obtained a full defense verdict in a workers’ compensation matter in Philadelphia. The claimant sustained a work-related abdominal hernia while working for the employer dismantling a stage. Five months later, while undergoing physical therapy, he alleged new injuries to his neck and back related to the PT. He filed a review/claim petition, where claimant testimony and orthopedic experts from both sides were presented. On cross-examination of the claimant, he admitted that no pain was felt during therapy to his neck or back, he did not remember injuring his neck or back during therapy, and did not experience any neck and back pain until later in the evening. The court ruled that there was no evidence of any neck or back injury, denying and dismissing the petition.

Tony Natale (King of Prussia) had a claim petition dismissed before the Venango County, PA Workers’ Compensation Bureau. The claimant alleged a stretching injury to his lower back while working on a circuit board for an electronics company, claiming he was debilitated to the point that he could not walk. During a crucial cross-examination, the claimant’s orthopedic surgeon admitted that he had the wrong date of injury, the wrong mechanism of injury, and the diagnostic MRI and EMG refuted every work-related diagnosis in his chart. The court returned a complete defense verdict, denying and dismissing the claim petition.

Tony Natale (King of Prussia) successfully had a workers’ compensation claim petition denied and dismissed. The claimant filed a claim petition alleging a foot injury with specific loss while working with a mushroom dispensary. The petition was filed within days of the expiration of the relevant statute of limitations. The claimant failed to provide discovery, appear for an independent medical exam, or appear for a defense scheduled deposition. During the hearing, an explosive oral argument was made in support of a motion to dismiss the claim. The claimant’s attorney argued that the “humanitarian nature” of the Act allowed the case to move forward. A resounding rattling of Supreme Court case law put that argument to rest. The claim petition was dismissed and a full defense verdict was awarded, despite the humanitarian nature of the Act.

Andrew Maffett (Harrisburg) successfully had a claim petition dismissed in a workers’ compensation matter, awarding $0.00 in benefits to the claimant. The claimant filed a petition, alleging a work injury on April 15, 2025. We filed a motion to dismiss, which the judge granted, concluding that an employee/employer relationship was not established after February 20, 2025, because the claimant unilaterally misrepresented her identity to obtain continued employment.

Michele Punturi (Philadelphia) and Alana Staniszewski (Pittsburgh) successfully had a termination petition granted in a Pennsylvania workers’ compensation case. The claimant suffered a minor head injury, with some features consistent with a minor concussion. The claimant was a Marine who served in the Iraq war from 2003 to 2005, during which he suffered a head injury. Additionally, the claimant had a history of headaches and psychogenic non-epileptic seizures dating back to his childhood. We secured the pre-existing medical records, which supported the significant pre-existing history leading up to the minor head injury. We presented a Board-certified neurologist who testified that there was no evidence of any ongoing neurological deficits based on a review of medical records and diagnostic film studies. Additionally, surveillance evidence covering multiple months demonstrated the claimant being active and unimpaired. The judge found that the claimant’s pre-existing conditions accounted for his ongoing complaints. This decision will result in a substantial recoupment of payments of indemnity benefits and medical paid throughout the course of the litigation via Supersedeas Fund recovery.

*Prior Results Do Not Guarantee a Similar Outcome


NEWS

A. Judd Woytek, Shareholder in the Workers’ Compensation Department in Marshall Dennehey’s King of Prussia office, has been named a Fellow of the College of Workers’ Compensation Lawyers. He was inducted into the College at a celebratory event held at the Loews Ventana Canyon Resort in Tucson, Arizona on April 18, 2026.

The College was established to honor attorneys who have distinguished themselves in the practice of workers' compensation law. Woytek is among a select group of attorneys in Pennsylvania, and across the country, who have earned this prestigious honor.

“Judd has long been a pillar of excellence in our department,” said Michele R. Punturi, Director of Marshall Dennehey’s Workers’ Compensation Department. “His induction into the College of Workers’ Compensation Lawyers is a well‑earned recognition of his integrity, skill, and commitment to our clients in the Lehigh Valley and beyond. We are proud of his efforts and celebrate this milestone with him.”

Woytek has dedicated his 30-year career to defending employers and litigating workers’ compensation cases across eastern Pennsylvania. He is named among the Best Lawyers in America® for Workers’ Compensation Law, and was recognized by The Morning Call in 2025 as one of the Top Lawyers of the Lehigh Valley for Workers' Compensation. He is a member of the Workers’ Compensation Committee of the Bar Association of Lehigh County, the Pennsylvania Bar Association, and the Claims & Litigation Management Alliance (CLM).

A graduate of Ursinus College, Woytek received his juris doctor from Widener University School of Law. He is admitted to practice in Pennsylvania and before the United States Court of Appeals for the Third Circuit.

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.