Our attorneys work hard to get the best possible results for our clients. Please review our recent litigation successes encompassing our four departments and 40 practice areas. You may search by keyword, practice area or year of result. 

Defense defeats claim petition and gains termination of benefits.

The injury was accepted for a foot contusion for medical benefits only. The claimant claimed much more severe injuries and sought wage loss benefits after his termination from employment. We successfully argued that the injury was limited to a contusion from which the claimant had recovered, and that his termination was for cause. The Workers’ Compensation Judge denied the claim petition and granted our termination petition.

Defense limits liability to 14 months of benefits.

The claimant filed a claim petition alleging that she sustained a contusion to the back of her head, a concussion, bilateral shoulder pain and neck pain. The judge found the claimant credible and that an incident did occur in the course and scope of her employment. However, the judge also found the employer’s medical expert credible. The employer’s medical expert found that the claimant was fully recovered as of the date of the Independent Medical Examination. This limited the receipt of indemnity and medical to fourteen months, rather than an ongoing claim.

Judge rules against Berks County mushroom worker.

In a case of relative first impression in Pennsylvania, we successfully defended a mushroom harvesting company. The claimant sustained a work-related injury to the right shoulder. She underwent surgery and was released to modified duty. The employer offered her a modified job. The claimant returned to work and continued at restricted duty. She was ultimately found to be fully recovered by a renowned Philadelphia shoulder surgeon. The defense then filed a termination petition, alleging full recovery of the right shoulder.

Successful defense of turkey farm against a $1 Million amputation claim.

We successfully defended one of Pennsylvania’s largest turkey processing plants in a million dollar amputation claim. The claimant alleged that, due to an alleged exposure to turkey blood and feces at the workplace, he developed an infection in his foot that led to amputation of his leg. The claimant alleged a specific loss of the leg, total disability due to injuries separate and apart from the loss, and disabling psychological injuries.

Claimant fails at attempt to use COVID-19 pandemic to support payments of disability.

We successfully defended a regional energy efficiency service agency in a claim petition wherein the claimant attempted to use the COVID-19 pandemic to support payments of disability. The claimant alleged that a work-related auto accident disabled him from employment at the time he was subject to an economic lay-off due to the pandemic. The defense convinced the court that at the time of layoff the claimant was capable of performing his pre-injury job duties despite alleged restrictions due to the motor vehicle accident.

Claim dismissed over alleged COVID-19 permanent disability.

Our attorneys were successful in obtaining an order for dismissal in the Mount Holly, New Jersey Workers’ Compensation court. In his claim petition, the petitioner alleged permanent disability as a result of contracting COVID-19 while working for the insured. He alleged that while working as an auto hauler he was exposed to COVID-19, which resulted in a permanent pulmonary disability. The defense argued to the judge that the petitioner’s discovery failed to provide sufficient proof and evidence supporting that the petitioner had COVID-19 or that, if he did, it was “related to his job.”

Successful appellate challenge to a defense opinion before the Workers’ Compensation Appeal Board.

The case involved a claim petition alleging injuries and disability beyond an acknowledged L2-3 transverse process fracture. After reviewing the substantial evidentiary record, the judge did not find the claimant or his evidence to be credible. The petition was denied beyond a limited period of disability. On appeal, the claimant attempted to argue that the judge failed to consider evidence, which the Appeal Board dismissed.

Defense prevails before the Industrial Accident Board.

The claimant alleged several injuries. The Board denied the claimant’s petition for additional compensation due on all counts, and granted the employer’s petition for review to terminate total disability benefits. Specifically, the Board concluded that (1) a proposed left ankle reconstruction surgery was not reasonable and necessary, (2) there was insufficient evidence to prove a compensable left knee injury, (3) there was insufficient evidence to prove a compensable lumbar spine injury and (4) the claimant was capable of unrestricted return to work. 

School district immune under the PA Political Subdivision Tort Claims Act.

We obtained summary judgment in Carbon County, Pennsylvania in a negligence action brought against a local school district. The plaintiff, a former high school athlete, was working out in the District’s weight lifting facility when a cable snapped on a leg curl machine, striking his head and causing significant injury. The plaintiff sued the district, alleging negligence in the operation, inspection, and maintenance of the gym and, more specifically, the leg curl machine.

Successful defense of real estate agency and its agents.

We obtained summary judgment on behalf of a Bedford County real estate agency and its agents, who represented the buyers/plaintiffs in their purchase of a home in Bedford, PA. Prior to closing, the plaintiffs waived their contractual right to a home inspection. After they closed and moved into the home, the plaintiffs became aware of several issues with the home, including a leaking metal roof, a defective heat pump and flooding in the crawlspace after a heavy rain.