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Workers' Compensation

The Workers' Compensation Practice Group is devoted to the exclusive representation of employers and insurance carriers. While many of the attorneys in this group have a background in civil litigation, each one focuses their practice solely on the defense of workers' compensation matters. Our attorneys are well versed in the intricacies of this nuanced practice, and due to their constant presence in the courts where they practice, they have become well respected by the judges before whom they regularly appear and the attorneys against whom they compete.

Workers' compensation is a fast-paced practice that requires a high degree of familiarity with the law. Our attorneys are involved in all aspects of workers' compensation from the infancy of a claim through practice in the appellate courts. We are vigorous litigators who also recognize that litigation is not always the primary focus of an employer's successful workers' compensation program. Significant monetary savings can be achieved through the effective management of workers' compensation plans and innovative return-to-work programs. Our attorneys are on the cutting edge of case law development and are able to assist in the design, implementation and continuation of such programs.

As workers' compensation has become increasingly sophisticated, we have expanded our scope of practice. In addition to providing our regular services, we also support clients in areas that have become tangential to the workers' compensation practice. 

Workers' Compensation Fraud
Fraud contributes significantly to the cost of doing business and negatively impacts employers, insurance carriers and third party administrators. We can facilitate the filing of a fraud claim through local government agencies and review all cases for civil remedies to help our clients recoup some of the monies expended due to fraudulent cases.

Unemployment Compensation
There is increased interplay between unemployment compensation and workers' compensation cases. We can assist our clients in assessing their need for counsel in unemployment cases and can also answer specific questions on how to handle unemployment cases.

Complex Medical Issues
While all of our attorneys are well versed in medicine and can answer questions about the classic workers' compensation injuries, we recognize that there are times when questions arise regarding medical issues in a case that may not be in litigation. Mary Wagner, a shareholder in our Philadelphia office, is also a registered nurse with a master's degree in nursing. Ms. Wagner can assist in answering complex medical/legal questions and providing analysis that may help better assess your workers' compensation needs.

Medicare Set-Asides
Our attorneys regularly advise and counsel clients in matters related to Medicare Set-Asides. Led by James Pocius, who was actively involved in the creation and refinement of the regulations, our group is well versed in the workings of the federal and state liability systems as well as the workers' compensation systems of various states. We can assist our clients with Medicare Set-Aside allocations for workers' compensation and liability cases, Medicare eligibility searches, Medicare submissions to the agency for approval, conditional payment searches and revisions of Medicare Set-Aside allocations.

Fee Reviews
Fee reviews have become an increasingly important component of workers' compensation cases in Pennsylvania. We have identified the problems associated with the fee review system and developed a practice in Pennsylvania where our attorneys are involved at the initiation of the fee review process and aggressively represent our clients' interests through the fee review hearings. Medical providers are able to use the fee review process to challenge the timeliness or amount of medical payments made by the employer/carrier. Since a provider's allegations are accepted at face value during the initial stages of the fee review process, many unjust initial determinations are issued. Attorneys in each of our Pennsylvania offices have extensive experience with the issues that arise during fee reviews and have a thorough understanding of CPT codes, appropriate levels of treatment, appropriate types of treatment and how to win these cases in an efficient and cost effective manner.

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May 16, 2013
We received a favorable decision on a workers' compensation psychiatric claim. Alleging psychiatric injuries as a result of abnormal working conditions, the claimant claimed her supervisors created a hostile work environment. The claimant...
May 16, 2013
We successfully defended a workers' compensation carrier in five separate Utilization Review Petitions. Claimant was being treated by a well-known coordinated care organization. The petitions involved approximately $500,000 worth of varied work-...
May 16, 2013
We successfully defended our client before the Workers' Compensation Appeal Board on a case of first impression involving an attempt by a widower to extend the statute of limitations on a death claim. The decedent may have intentionally...
Jul 1, 2012
In a Longshore and Habor Workers' Compensation death claim, we formulated a Section 8(f) motion that was designed to shift liability to the Longshore Special Fund instead of the insurance carrier. After briefs and argument, the Special Fund and...
Oct 17, 2011
Attorney was successful in defending a workers' compensation claim where claimant alleged he was bitten by a brown recluse spider in June of 2008. Claimant did have significant treatment to his left lower extremity including skin graphs and wound...
Oct 17, 2011
Attorney obtained a fully favorable decision dismissing a claim petition on behalf of a staffing agency employer and its TPA. In her petition, claimant was seeking ongoing disability benefits due to an alleged repetitive usage injury to both...
Oct 17, 2011
Attorney received affirmation by the Workers' Compensation Appeal Board of a recent victory in a hotly-contested matter in favor of a statewide client and its insurance carrier. The Board affirmed the underlying decision of the judge, which was a...
Oct 17, 2011
Attorney won a hotly contested claim petition involving our clients, a learning center and insurance companies. Claimant alleged a workplace injury while breaking up a fight during the course and scope of employment in 2008. Both parties presented...
Sep 8, 2011
Attorney was successful in a Claim Petition. Claimant worked as a forklift operator and suffered a low back strain in June of 2009. She returned to work modified duty and continued to work modified duty until December 2009. She stopped working...
Jul 18, 2011
Attorney won a case for a prominent university. The claimant filed a claim petition alleging the occurrence of a work related injury to the neck, back and both lower extremities due to a twisting accident at the university. After extensive cross...

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What's Hot in Worker's Comp May 1, 2013
Law Alerts April 11, 2013
This case involved a motion presented by the employer to the Board seeking permission for two of its fact witnesses to testify telephonically at the upcoming Board hearing rather than appearing live. Claimant's counsel was opposing this motion,..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
The claimant settled his indemnity claim by Compromise and Release Agreement (C&R). The C&R that was approved by the Workers’ Compensation Judge described the injuries as "[a]ny and all injuries . . . including but not limited to..., Case Law Alert - 2nd Quarter 2013
Law Alerts April 11, 2013
The petitioner was employed by the respondent as a magician and puppeteer who conducted school assembly programs where he taught children about safety and was paid an annual salary. He visited the respondent's offices approximately six times per..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
The claimant was employed as an equipment operator and was involved in a work-related accident while operating a tractor trailer. The tractor trailer collided head on with another vehicle, and the claimant observed the driver of the oncoming vehicle..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
The claimant sustained a compensable work injury to her low back on October 8, 2004, and began receiving compensation for temporary total disability. The claimant's treatment for the work injury included surgery to two levels of the lumbar spine..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
The claimant suffered an injury while working for the employer and brought a claim against the Pennsylvania Uninsured Guaranty Fund (Guaranty Fund). The Workers' Compensation Judge granted the claim brought against the Guaranty Fund, awarding..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
This case came before the Board on a rule to show cause filed by the employer who asserted a credit against the claimant's future medical benefits. The claimant was pro se and was actually not present at the legal hearing. The employer sought a..., Case Law Alerts - 2nd Quarter 2013
Law Alerts April 11, 2013
The claimant sustained injuries in the course and scope of his employment as a police officer when he lost control of a motorcycle he was on while training and it fell on top of him. The claimant's injuries were acknowledged by the employer as..., Case Law Alerts - 2nd Quarter 2013

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Seminar Jun 8, 2012
Mary S. Kohnke Wagner and Anthony Natale III will be presenting at the upcoming Workers' Compensation 101 Roundtable, hosted by the Pennsylvania Chamber of Business and Industry. They will address topics including changes to current workers...
Conference Nov 7, 2012
As part of the National Workers' Compensation and Disability Conference, this open forum offers a unique opportunity to discuss Medicare-related challenges and solutions with your peers. An advanced practicum for discussing issues, strategies,...
Seminar Dec 12, 2012
This strategic course walks attendees through the step-by-step practicalities of handling a workers' compensation case, from initial intake through the hearing process. Paul's portion of the seminar focuses on determining the value...
Seminar Feb 15, 2013
Current information regarding developments in workers’ compensation law in Pennsylvania and New Jersey will be provided. Case law, statutory law and regulatory changes will be discussed with indications of the practical implications for...
Seminar Apr 24, 2013
This strategic course will guide participants through the step-by-step practicalities of handling a workers' compensation case, from initial intake through the hearing process. The experienced faculty will discuss the following topics...

Chair

Peter S. Miller
Chairman, COO
(215) 575-2610
psmiller@mdwcg.com

Co-Chair

Niki T. Ingram
Assistant Director, Workers' Compensation Department
(215) 575-2704
ntingram@mdwcg.com

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