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Workers' Compensation

What's Hot in Workers' Comp

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

What’s Hot in Workers’ Comp, Vol. 29, No. 9, September 2025

September 1, 2025

RESULTS*

Ryan Hauck (Pittsburgh, PA) successfully defended a Claim Petition that alleged multiple orthopedic fractures and dislocations to the upper extremity, hip and bilateral lower extremitie along with payment of past and future wage loss and medical benefits. The workers’ compensation judge fully adopted our position that the claimant’s injuries did not arise in the course and scope of employment. Through strategic reliance on case law, focused cross-examination and close collaboration with the employer to define property boundaries within a commercial complex, we established that the claimant was injured off the premises during an unpaid lunch break, was not furthering the employer’s interests, and was not engaged in any activity authorized, directed or otherwise related to her employment at the time of her injury. This resulted in a complete denial of the claim and significant savings in litigation spend because the issue was bifurcated before having to participate in costly medical discovery and evidence.

Michael Sebastian (Scranton, PA) was successful in having workers’ compensation benefits suspended on behalf of a multinational food corporation. We filed a Suspension Petition based upon the claimant’s employment prior to being taken out of work. The claimant filed a Reinstatement Petition for a right CTS claim and a Claim Petition for the left CTS claim. The claimant also also filed UR Petitions related to her treatment with Dr. Mercado and Dr. Patel. Prior to the decision, we accepted the left-sided CTS as work related. The issue to be decided by the workers’ compensation judge was whether the claimant was entitled to a reinstatement of benefits because her job required her to work in a cold environment. In the decision, the judge noted that, when the claimant was working, she did not have to touch the cold meat which was on a conveyor belt andshe also wore gloves and cold weather clothing while performing the position. The judge noted that Dr. Martinez did not know the temperature of the claimant’s hands with gloves on nor did he know the temperature of the plant. The judge noted that Dr. Martinez testified that if the claimant’s hand temperature with gloves on was between 70–80 degrees, that should be okay. The employer’s witness testified to an experiment measuring hand temperature with gloves on; her hand temperature with the glove on was initially 87 degrees and, after 3–3.5 hours on the floor, it was 75 degrees. Dr. Talsania testified that cold temperature does not affect CTS. The judge found the claimant’s testimony and Dr. Martinez’s testimony not credible and found the employer’s witness and Dr. Talsania credible in all respects. She also found the UR reports credible concerning the claimant’s treatment. The judge suspended the claimant’s benefits effective May 23, 2024, finding she was capable of performing the quality monitor position in the cold environment. The judge also found that Dr. Mercado’s and Dr. Patel’s treatment after April 11, 2024, were not reasonable or necessary.

Michael Sebastian (Scranton, PA) was successful in having a Claim Petition denied and dismissed. The workers’ compensation judge noted that during her cross examination, the claimant was unsure exactly what day she was injured and that she denied telling co-workers she was injured falling down steps at home. He also noted the claimant denied the histories she gave to the medical providers regarding the location of her back pain, i.e., left vs. right. The judge also noted the claimant reported the date of injury as April 3, 2024, to medical providers and denied having a conversation with the insured. Regarding the employer’s witnesses, he noted that Ms. Woronko testified that the claimant was walking gingerly at work on April 1, 2024, and that she indicated she did something to her back and had to go home, but the claimant did not indicate it was work-related. Mrs. Ellsworth did not recall the claimant getting injured, contrary to the claimant’s testimony. This witness indicated that the claimant told her she was injured at home on Friday when she fell down the stairs. She noted that on April 5, 2024, the claimant was barely able to walk and was breaking down in tears. She also indicated that, had the claimant told her the injury was work-related, she would have reported it. Finally, Ms. Gerrity testified that the claimant had the handbook and went out of work because of her back on April 5, 2024. The claimant called her on a Friday or Saturday, indicating that she had to go to the doctor, but she did not indicate it was work-related. She learned the claimant was claiming it was work-related from another employee, so she told the claimant to fill out an accident report. The judge also accurately summarized the testimony of the claimant’s expert, Dr. Henderson, and our expert, Dr. Banas. On cross examination, Dr. Henderson was unable to explain how the claimant’s symptoms went from the right side to the left side and that the claimant did not complain of S1 joint problems, i.e., left-sided symptoms, until six weeks after the injury. The judge found the claimant not credible due to her inconsistent testimony and did not accept her testimony that she suffered a work-related injury. He found the employer’s witnesses credible and that they sufficiently rebutted the claimant’s testimony. He accepted Mrs. Ellsworth’s testimony that the claimant fell down the stairs at home prior to the alleged incident. The judge also accepted the testimony of Dr. Banas over Dr. Henderson, finding that the claimant only had a lumbar strain and had fully recovered. The judge determined that the claimant failed to meet her burden of proof that she sustained a work-related injury and was not entitled to disability benefits.

Benjamin Durstein (Wilmington, DE) successfully had a Petition to Determine Compensation Due dismissed. Following an evidentiary hearing, the Industrial Accident Board determined that the claimant did not meet the burden to prove there was any accident that constituted an “untoward event” that occurred on February 1, 2022, which is a required element of the Nally successive carrier/subsequent accident analysis. Nally requires that an “untoward event” beyond the normal duties of employment is required in order to shift liability from the first employer/carrier to the subsequent employer/carrier. 

Benjamin Durstein (Wilmington, DE) was successful in having a Petition to Determine Compensation Due dismissed. The Industrial Accident Board denied a claimant’s petition, in which she alleged she injured her right ankle, both upper extremities and low back during the course and scope of her employment on April 12, 2022.  The Hearing Officer did not find the claimant’s account of the accident to be credible given the inconsistencies with her actions before and after the work accident and the lack of supporting evidence.

*Prior Results Do Not Guarantee a Similar Outcome 

 

NEWS

We are proud to highlight the Workers’ Compensation Department’s 13 attorneys who have been recognized in the 2026 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America in the area of Workers’ Compensation Law – Employers. 

Our 2026 Best Lawyers in America:

Our 2026 Best Lawyers: Ones to Watch:

Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. 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/. 

 

What’s Hot in Workers’ Comp, Vol. 29, No. 9, September 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

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

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.

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. 

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle

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.

Congratulations to our 2026 Florida Super Lawyers & Rising Stars: Elizabeth Ferguson, A.C. Nash, Taylor Naughton, Sophia Philor, Amara Rodriguez

News

Marshall Dennehey Announces 2026 Florida Super Lawyers & Florida Rising Stars

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Event

Florida Insurance Fraud Education Committee (FIFEC)

Sean and Alex will present, "Life Care Plans: From Low Impact to Policy Limits," focusing on the history and expanding use of life care plans in litigation and their ability to transform low impact injury claims to disproportionate high value claims. By focusing on the limitations of life care planners, Florida's tort-reform on medical damages, and the Daubert standard, extraordinary life care plans with inflated future medical care recommendations can be defended.

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.

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

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Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney