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Workers' Compensation

The Workers' Compensation Practice Group is devoted to the exclusive representation of employers, insurance carriers and third party administrators. While many of the attorneys in this group have a background in civil litigation, they all focus 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 are well respected by the judges before whom they regularly appear and the attorneys against whom they compete.

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, and our attorneys are on the cutting edge of case law developments to assist in the design, implementation and continuation of such programs. We also provide risk management services and can help reduce costs by becoming involved during the pre-litigation phase. In addition, the work of the attorneys in the firm's highly regarded Appellate Advocacy and Post-Trial Practice Group includes front-line responsibility for conducting necessary legal research, writing required briefs, and preparing and presenting oral arguments in post-trial motions and appeals.

As workers' compensation has become increasingly sophisticated, we have expanded our scope of practice to 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.

Federal Black Lung
Our attorneys defend claims filed by coal miners and their surviving spouses for benefits available under the Federal Black Lung Benefits Act. Clients benefit from our extensive experience litigating industrial pulmonary disease claims before the U.S. Department of Labor, Office of Administrative Law Judges, Benefits Review Board and the United States Court of Appeals for the Third Circuit. In addition to defending Black Lung claims, our attorneys leverage their knowledge and experience handling pulmonary disease litigation to defend workers' compensation claims in which a pulmonary exposure is alleged.

Hearing Loss Claims
Injuries resulting from exposure to hazardous occupational noise comprise one of the largest group of specific loss/permanency claims in the tri-state area. In addition to becoming more commonplace, these claims have also become more technologically complex. Each attorney assigned to hearing loss claims are familiar with the science behind acoustical trauma, including the inner workings of audiometric testing, leading to effective cross examination of key witnesses. Further, our attorneys seek to expose pre-existing, non-work related hearing loss and differentiate it from compensable loss. We are one of the leading defense firms in protecting successor-in-interest employers that are unexpectedly plagued with hearing loss claims stemming from employees’ hazardous noise exposure with previous employers. In Pennsylvania, we were pioneers in the effort to change the standard of monetary award in hearing loss cases from an all-encompassing specific loss award to that of a percentage award based on actual work-related hearing loss. Our attorneys are also well versed in the practical implications of a working hearing conservation program and the benefits such a program can have on an employer’s bottom line. 

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.

PENNSYLVANIA

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.

FLORIDA

Stop Work Orders
Stop Work Orders or Requests for Business Records are issued by the Division of Workers’ Compensation Investigators for the state of Florida. A business cannot legally operate while a Stop Work Order is in place. Failure to comply with a Stop Work Order can result in increased penalty assessments and, in some cases, criminal sanctions pursuant to Florida Statute 440.105. Our attorneys can assist business owners in navigating this difficult and complicated process, including record requests, reducing penalty assessments and filing petitions before Department of Administrative Hearings.

Insurance Premium Audits and Disputes
Disputes occasionally arise between employers and carriers after an audit takes place. Workers’ compensation rates in Florida are based upon job title and payroll, and discrepancies discovered following an audit can lead to loss of coverage, fines and assessments. We can assist employers throughout this dispute process, which can lead to improved outcomes and reduced assessments.

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May 11, 2018
We successfully defended a fatal claim petition filed by the widow of a coal miner who had been awarded benefits for totally disabling coal workers’ pneumoconiosis in 1984. Despite the fact the miner had been collecting temporary total...
May 11, 2018
We successfully defended a national home décor manufacturer in the litigation of a review petition, which sought to add a cervical disc herniation and surgery to the nature of injury accepted in the case. The litigation had wide ramifications...
May 11, 2018
We successfully defended an eastern regional can corporation in the litigation of a brain injury case. The claimant was struck in the lower extremities by a form of sheet metal which caused him to become unconscious. Nearly three years later, the...
May 11, 2018
We successfully defended a national car company in a case involving the defense of a termination petition, the claimant’s petition for review of the utilization review determination, the claimant’s petition to review compensation benefit...
Dec 1, 2017
Obtained a favorable decision and order denying benefits in a Federal Black Lung claim that had been pending since 2003. ​This matter was most recently before an Administrative Law Judge on a remand from the Benefits Review Board on the sole issue...
Dec 1, 2017
The claimant was admittedly addicted to opioid medication. Medical expert evidence was presented by the parties as to the ill effects of the medication. The Workers’ Compensation Judge found the ongoing use of opioids unreasonable and found...
Dec 1, 2017
The claimant was a very credible employee who was seriously injured while on a horseback riding excursion at a Continuing Medical Education seminar. While attendance at the seminar was part of the claimant's job, the case evidence focused on...
Dec 1, 2017
Successfully prosecuted a modification/suspension petition on behalf of a large financial institution nearly 12 years after the claimant’s injury. ​The claimant sustained injuries to her left shoulder and cervical spine in October of 2005....
Aug 30, 2017
Successfully litigated a termination petition on behalf of a retailer. ​The claimant sustained a work-related hand injury, for which he underwent surgery. The defense presented substantial evidence via the defense medical expert, who had the...
Aug 30, 2017
Successfully defended claim and penalty petitions where the claimant alleged that he sustained Charcot foot and specific loss of three toes as a result of an injury that occurred at work. The defense offered testimony from three employer fact...

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What's Hot in Worker's Comp August 1, 2018
Law Alerts July 1, 2018
The petition for workers’ compensation benefits sought authorization of a “trial of medical marijuana as recommended by Dr. Mark Hofmann.” Dr. Hofmann’s note of March 15, 2017, stated that he recommended “a trial of..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2018
In its appeal to the Commonwealth Court, the employer argued that the injury did not occur on its premises. A flight attendant was injured on a shuttle bus for airport employees she was using for transport to the employee parking lot. Because the..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2018
This case involved the employer’s appeal from a Utilization Review decision, which had determined that the treatment for pain management—including prescription medications, office visits, chiropractic and acupuncture—was Guideline..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2018
According to § 127.105(e) of the Medical Cost Containment Regulations, payment shall be made for an office visit provided on the same day as another procedure, only when the office visit represents “significant and separately identifiable..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2018
The Judge of Compensation found the petitioner entitled to workers’ compensation benefits for his work-related injuries. In affirming the Judge of Compensation’s holding, the Appellate Division relied on Pollack v. Pino’s Formal..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
What's Hot in Worker's Comp July 1, 2018
Law Alerts July 1, 2018
On April 30, 2014, the claimant sustained injuries to his neck and low back in an explosion. The employer accepted compensability and authorized care. It was undisputed that the claimant had pre-existing degenerative disc disease, which was..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Law Alerts July 1, 2018
The Delaware Superior Court concluded that the Board’s decision to terminate the claimant’s total disability benefits was based upon substantial evidence and free from any error of law. The court stated that combining the Labor Market..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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January 24, 2018
Marshall Dennehey Warner Coleman & Goggin has expanded its Workers' Compensation Department into the state of Florida with the additions of  Heather Byrer Carbone, shareholder; Linda Wagner Farrell, shareholder; and associate Kelly M. Scifres. The attorneys will lead Marshall Dennehey's...
May 8, 2017
Niki T. Ingram, Shareholder, Director of the Workers' Compensation Department and member of the Board of Directors at Marshall Dennehey Warner Coleman & Goggin, has been named the 2017 recipient of the Martha Hampton Award from the Philadelphia Bar Association's Workers' Compensation section....
September 15, 2016
Two Marshall Dennehey attorneys have been recognized as 2016 "Top Women in Law" by The Legal Intelligencer and The New Jersey Law Journal, respectively. Appellate attorney Kimberly Boyer-Cohen, special counsel in the firm's Philadelphia office, has been recognized by The Legal Intelligencer. The...
March 17, 2016
Three Marshall Dennehey attorneys are set to speak at three separate sessions at the Claims & Litigation Management Alliance's (CLM) annual conference, to be held April 6 – 8 in Orlando, Florida. The CLM promotes and furthers the highest standards of claims and litigation management to foster...
March 15, 2016
Niki T. Ingram, Shareholder and Director of the Workers' Compensation Department at Marshall Dennehey Warner Coleman & Goggin, has been named a Fellow of the College of Workers' Compensation Lawyers. Ms. Ingram was inducted into the College during the American Bar Association's 2016 Workers'...
January 19, 2016
Accomplished workers' compensation attorney, John P. Zeigler, has joined the Camp Hill office of Marshall Dennehey Warner Coleman & Goggin as a shareholder in the firm's Workers' Compensation Department. With 20 years of experience, Mr. Zeigler defends employers, self-insureds and third party...
May 29, 2013
Philadelphia, PA – Marshall Dennehey shareholders Niki T. Ingram, Candy Barr Heimbach and Ronda K. O'Donnell have been named to the 2013 "Top 50 Women Pennsylvania Super Lawyers" list by Pennsylvania Super Lawyers magazine. This is the third time Ingram and Heimbach have been named to the exclusive...

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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...
Seminar Aug 27, 2013
Employers in Pennsylvania are faced with an ever-changing maze of laws increasing their obligations to employees who cannot, will not or should not work. This seminar will tell you what you need to know about recent ADA and FMLA...
Seminar Oct 24, 2013
Please join us at our complimentary Workers' Compensation Seminar on October 24, 2013. This day-long seminar covers hot topics in workers' compensation in Pennsylvania, New Jersey and Delaware. AGENDA 11:00 a.m. - 11:45 a.m.  ...
Conference Nov 20, 2013
The National Workers' Compensation and Disability Conference® & Expo is the industry's leading training event, attracting thousands of workers' compensation and disability management professionals from across the nation each year...
Seminar Nov 22, 2013
Paul Tatlow, a shareholder the firm's Wilmington office, is a speaker at this full-day lien boot camp. The day-long seminar is packed with current and crucial information, practice tips, pointers, checklists, sample letters and sample forms that...
Seminar Nov 22, 2013
Jessica Julian is a speaker at the Office and Trial Practice 2013 seminar on Friday, November 22. Co-sponsored by the Delaware State Bar Association and the Delaware Bar Foundation, the seminar brings together attorneys from throughout the state to...
Conference Dec 3, 2013
Niki Ingram and Anthony Natale are presenting "Understanding the Most Common Mistakes Made in Workers' Compensation" at the 2013 Annual Human Resources Conference sponsored by the Pennsylvania Chamber of Business and Industry...
Seminar Dec 10, 2013
Although job abandonment is easy to prove when an employer has appropriate policies in place, the termination of an employee on temporary total disability who fails to come to work can greatly complicate things. If an employer has a straightforward...
Seminar Dec 12, 2013
As part of this day-long seminar, workers' compensation attorneys Ross Carrozza and Angela DeMary will speak on WCMSAs and Ethical Considerations. This program will go beyond the basics in order to prepare you for any complication...
Conference Feb 4, 2014
Anthony Natale is a featured speaker at the 11th Annual National Workers’ Compensation Insurance ExecuSummit being held on February 4 and 5 at the Mohegan Sun Convention Center & Hotel in Connecticut. His presentation,...
Jul 10, 2014
Niki T. Ingram, Shareholder and Assistant Director of the Workers' Compensation Department, is a featured speaker at an upcoming diversity luncheon hosted by the Claims & Litigation Management Alliance. The luncheon, hosted by CLM's...
Seminar Jul 11, 2014
Robin Romano, a shareholder in the Workers' Compensation Department, is a panelist at the upcoming Philadelphia Bar Association CLE program, "From Kachinski to Phoenixville Hospital: Proving Earning Capacity in the Modern Era." This...
Sep 16, 2014
The Philadelphia Association of Defense Counsel's 2014-2015 luncheon CLE program series begins on Tuesday, September 16, 2014.  The program, “What You Need to Know About Workers’ Compensation to Keep You Out of Trouble in Your...
Seminar Oct 1, 2014
Three members of Marshall Dennehey's Workers' Compensation Department will be featured speakers at the Workers' Compensation Summit sponsored by the Pennsylvania Chamber of Business and Industry. The purpose of the Summit is to provide a...
Seminar Nov 5, 2014
Jennifer Callahan and Ross Carrozza are on the faculty for the Workers' Compensation Law & Practice Seminar, hosted by Sterling Education Services. They will discuss the general principles of workers’ compensation in the course of and...
Seminar Jan 20, 2015
Kacey Wiedt and Shannon Fellin, members of the Workers' Compensation Department, are the featured speakers at the January meeting of the Susquehanna Human Resource Management Association. Their presentation, "Top Mistakes in Workers'...

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Chair

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

Co-Chair

Kacey C. Wiedt
Assistant Director, Workers' Compensation Department
(717) 651-3511
kcwiedt@mdwcg.com

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