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Ashley S. Talley

Associate
2000 Market Street, Suite 2300
Philadelphia, PA 19103
(215) 575-2653
(215) 575-0856 - Fax
astalley@mdwcg.com

Ashley is a member of the Workers' Compensation Department and concentrates her practice on the defense of workers' compensation claims. Throughout her career, Ashley has successfully defended a diverse field of employers, including a national communications company and a national banking corporation, along with various companies in the manufacturing, food production, transportation, construction, non-profit and retail industries. Her experience also includes representation of self-insured and TPA clients.

Ashley graduated summa cum laude from Indiana University of Pennsylvania, where she was an interscholastic athlete and member of the swimming and diving team. She received her juris doctor from Widener University School of Law and while there, participated in the Moot Court Honor Society, Moe Levine Trial Advocacy Honor Society, Alternative Dispute Resolution Society and the Environmental Law Clinic. Ashley also had the opportunity to study international law at the Université de Lausanne in Lausanne, Switzerland. During her time abroad, Ashley interned at the World Health Organization where she researched international legislation regarding the regulation and use of opioid medications.

Ashley is admitted to practice law in Pennsylvania.

Significant Representative Matters

  • Successfully defended a Claim Petition against two transportation companies, one of which was briefly insured by our client. Claimant attempted to prove that our client was liable for the work injury, although Ashley proved that our client was not on the risk at the time of injury and, secondarily, that another transportation company was the legal employer. The judge ultimately assessed liability against the other transportation company, completely absolving our client of any responsibility for the work injury.

  • Obtained a defense verdict in a case which presented complex medical and legal issues. Ashley successfully argued that the claimant's expert was neither credible nor persuasive. The judge found there was ample evidence to support a complete recovery from the work injury and an unreasonable refusal of a pre-injury job offer. Accordingly, a Suspension and Termination of benefits was awarded, while a Claim and Review Petition, although granted for a limited period of time, had no impact on future liability.

  • Obtained a defense verdict on a Claim and Review Petition, while successfully prosecuting a Termination Petition and Suspension Petition. The claimant was involved in two separate work-related motor vehicle accidents. The first accident resulted in a left shoulder injuries while the second generated a Claim Petition for wage loss and the inclusion of significant injuries to the cervical spine, thoracic spine, and left shoulder. This presented highly complex medical questions and required testimony from a board-certified occupational expert and board-certified orthopedic surgeon to rebut the opinions offered by claimant's treating physician. Ashley was successful in demonstrating that the claimant's expert was neither credible nor persuasive, leading the judge to find there was ample evidence to support a complete recovery from the work injury and an unreasonable refusal of a pre-injury job offer. Accordingly, a Suspension and Termination of benefits was awarded on this basis, while the claimant's Claim and Review Petitions, although granted in part, had no practical impact on future liability.

Classes/Seminars Taught

  • The Interplay Between Traumatic Brain Injuries and Fraud in Workers' Compensation, Pennsylvania Insurance Fraud Conference, Hershey, Pennsylvania, April 24, 2019

  • Tough Problems in Workers’ Compensation 2019: handling UEGF claims after Act 132, Pennsylvania Bar Association, Philadelphia, Pennsylvania, April 9, 2019

Published Works

  • “Applying Baxter or Little: Examining the Burden of Proving a Full Recovery in the Context of a Pre-existing Condition,” Defense Digest, Vol. 25, No. 2, June 2019

  • "Clarifying the Burden in a Section 108(r) Occupational Disease Claim: The Impact of Sladek and Hutz," Defense Digest, Vol. 22, No. 4, December 2016

  •  “You Have The Right to An Attorney But Not Additional Time: Examining the Role of An Unrepresented Claimant in the Workers’ Compensation Proceeding,” Defense Digest, Vol. 21, No. 3, September 2015

Education

  • Widener University School of Law, Wilmington, DE (J.D., 2012)
           Honors: Certificate of Environmental Law with Honors
           Honors: Pro Bono Distinction
           Honors: Alternative Dispute Resolution Society, board member and interscholastic competition team member
           Honors: Moe Levine Trial Advocacy Honor Society
           Honors: Moot Court Honor Society, interscholastic competition team
           Honors: G. Fred DiBona Moot Court Competition, finalist

  • Université de Lausanne, Lausanne, Switzerland (2010) 
           International Law, Human Rights

  • Indiana University of Pennsylvania, Indiana, PA (B.A., 2009)
            Honors: summa cum laude
            Honors: History Honors Program
            Honors: IUP Provost Scholar (2007)
            Honors: PIAA Interscholastic Athlete (2005-2009)

Defense Digest Article June 1, 2019
Defense Digest, Vol. 25, No. 2, June 2019 By Ashley S. Talley, Esq.* Key Points: Apply Baxter when there is an aggravation of an unrelated pre-existing condition and Little when the pre-existing condition is work-related. It is...,   Defense Digest, Vol. 25, No. 2, June 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to...
Defense Digest Article December 1, 2016
Defense Digest, Vol. 22, No. 4, December 2016   By Ashley S. Talley, Esq.* Key Points: The presumption of compensability in § 301(f) of the Workers’ Compensation Act is inapplicable to the 600-week time frame for filing..., Defense Digest, Vol. 22, No. 4, December 2016. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article September 1, 2015
By Ashley S. Talley, Esq.* Key Points: The unrepresented status of a claimant does not immediately afford additional time to present medical evidence. The denial of a request for continuance does not necessarily amount to a deprivation..., Defense Digest, Vol. 21, No. 3, September 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Dec 6, 2016
The claimant was a contract delivery driver for our client. While en route to a delivery, he was involved in a motor vehicle accident and sustained injuries, which resulted in surgical intervention. After receiving the maximum duration of benefits...
February 27, 2019
Ashley S. Talley, associate in the Workers' Compensation Department at Marshall Dennehey Warner Coleman & Goggin, was awarded a Westfield Insurance Company 'Golden Gavel' for outstanding legal representation on behalf of the insurer in a complex workers' compensation case. The Golden Gavel...
Conference Apr 23, 2019
Anthony Natale and Ashley Talley are  presenting "The Interplay Between Traumatic Brain Injuries and Fraud in Workers' Compensation" at the upcoming Pennsylvania Insurance Fraud Conference. In the workers' compensation field,...

Areas of Practice

Education

  • Widener University School of Law (J.D., 2012)
  • Université de Lausanne (2010)
  • Indiana University of Pennsylvania (B.A., summa cum laude, 2009)

Bar Admissions

  • Pennsylvania, 2012

Associations & Memberships

  • American Bar Association, Tort Trial & Insurance Practice Section
  • Philadelphia Bar Association

Honors & Awards

  • Golden Gavel Award, Westfield Insurance, February 2019

Year Joined Organization: 2014


Languages

  • French

Fraternities/Sororities

  • Phi Alpha Delta, member 2009-2012, Academic Development Chair 2011

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