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What's Hot in Workers' Comp

TOP 10 DEVELOPMENTS IN FLORIDA WORKERS’ COMPENSATION IN 2025

What’s Hot in Workers’ Comp, Vol. 29, No. 12, December 2025

December 1, 2025

by Blake J. Hood

1.    Treatment with an authorized provider tolls the statute of limitations, although treatment occurred without employer/carrier’s knowledge and billed to private health insurance
Ortiz v. Winn-Dixie, Inc., 402 So. 3d 301 (Fla. 1st DCA 2024), reh’g denied (Dec. 30, 2024), reh’g denied (Feb. 13, 2025) (aka, Ortiz II)

In earlier proceedings involving the same case—Ortiz I—the court introduced the “two-year master countdown timer” and “tolling timer” concepts in explaining how to construe the time bars for filing petitions for benefits set forth in section 440.19, Florida Statutes. In so doing, Ortiz I held that the one-year tolling provision in section 440.19(2) (prompted by furnishing medical care or paying compensation) does, in fact, apply within the first two years following an accident, something prior case law held otherwise. Thus, under Ortiz I, if an employer/carrier provided benefits immediately following an accident, the initial two-year master timer would never even start ticking, and claimants could effectively “bank” that time. 

By contrast, Ortiz II makes no mention whatsoever of the master/tolling timers. Rather, the new majority opinion focuses only on whether the specific treatment that the claimant received qualified as medical care “furnished” by the employer/carrier sufficient for the one-year tolling provision in section 440.19(2). Ortiz I held that it did not qualify and upheld the judge’s dismissal of the claim. Ortiz II now holds it did qualify and, thus, allowed the claimant’s claim to proceed.

 

2.    Employers/carriers are entitled to recover benefits paid from third-party settlement after settlement date
Liberty Mut. Ins. Co. v. Lee, 401 So.3d 1245 (Fla. 6th DCA 2025)

The claimant was injured when the elevator he entered at work suddenly stopped and then plunged into a free fall. While he received benefits from his workers’ compensation employer/carrier, he also sued the elevator operator. Pursuant to section 440.39(3)(a), Florida Statutes, the employer/carrier filed a notice of lien in the third-party suit. The claimant did enter into a settlement in the third-party suit, but for over 750 additional days he continued to receive workers’ compensation benefits at a cost to the employer/carrier of over $300,000. 

Pursuant to the statutory calculation, the parties agreed that the employer/carrier was entitled to 11.61% of the benefits paid as its equitable distribution from the settlement proceeds. The real dispute, however, centered on what benefits the 11.61% was to be applied. More specifically, the parties disagreed on when the “valuation date” should be for determining the amount of an employer’s/carrier’s workers’ compensation payments. 

The Sixth District Court of Appeal held that, while the statute does not set forth a “valuation date,” it is unnecessary given the clear directive in the statute entitling employers/carriers to reimbursement of either all or a percentage of benefits they pay up to a claimant’s net settlement amount. 

 

3.    Award for nonprofessional attendant care reversed because judge failed to distinguish which services qualified for compensation under Florida law
Girardin v. AN Fort Myers Imports, LLC, 403 So.3d 255 (Fla. 1st DCA 2025)

The claimant’s husband provided her with nonprofessional attendant care. The judge awarded him payment for 30 hours per week at the federal minimum wage. The judge made this award based on a generalized finding that what the husband did for the claimant—including carrying her upstairs for her to bathe—qualified as attendant care services under Florida law. However, the employer/carrier argued that some services provided by the husband that were included in the 30-hours-per-week award did not meet the statutory definition for nonprofessional attendant care. The First District Court of Appeal held that the judge did not engage in a detailed analysis of the husband’s activities to ensure the husband was paid only for those services not “within the scope of household duties and other services normally and gratuitously provided by family members.” For that reason, the District Court vacated the award for the husband’s nonprofessional attendant care. 

 

4.    Average weekly wage should be calculated at time of last injurious exposure in occupational injury cases
Guglielmo v. State, 418 So.3d 656 (Fla. 1st DCA 2025)

In an occupational disease case, the First District Court of Appeal held that the time of injury (when last injurious exposure occurred) is the period of relevant wages for calculation of the average weekly wage (AWW). The claimant worked as a police officer for 23 years, retired, later returned to work—as a corrections officer—and voluntarily resigned in March of 2021 because of health concerns. He complained of stress from his corrections job and exhaustion due to the long hours because of alleged understaffing. The parties agreed that when he resigned, he was making $673.20 per week. 

The judge ultimately denied entitlement to indemnity benefits because he found that the claimant’s AWW was $0.00. The judge reasoned that, because there was no “contract of hiring in force at the time of the accident,” there were no “wages.” The judge stated, “[a]s the claimant’s accident date occurred 119 days (17 weeks) after leaving his employment, he was not an employee in the 13 weeks preceding his accident.”

The First District Court of Appeal reversed, noting that the definition of “disability” deliberately uses the term “injury” and “time of injury” as the critical time focus. It does not use the term “accident.” See § 440.02(13), Fla. Stat. (2021). Furthermore, the definition of “wages” pinpoints those earnings at the “time of injury,” which in occupational disease cases relates to the period of exposure. See § 440.02(28), Fla. Stat. (2021).

In this case, the relevant “wages” for purposes of calculation are those paid to the claimant for his services at the “time of injury.” As the parties stipulated, 13 weeks existed of wages preceding the last injurious exposure (the claimant’s last day of work) which provided an AWW of $673.20.

 

5.    Court of Appeal enforces statutory provision divesting judges of compensation claims of subject matter jurisdiction
Sapp v. Sims Crane & Equip. Co./Bridgefield Cas. Ins. Co., 412 So.3d 808 (Fla. 1st DCA 2025)

This case appears, at first glance, to be about collective bargaining agreements, but it is really about the fundamental source and scope of jurisdiction in workers’ compensation cases. 

The claimant was employed as a crane operator and was involved in an accident on October 29, 2020. The first recorded activity with the Office of Judges of Compensation Claims took place when the employer/carrier filed a motion to preserve blood and urine samples within a few days of the accident. Thereafter, the employer/carrier provided benefits, though the claimant later filed four petitions for benefits a few years later—between June and October of 2023. The claimant requested indemnity and medical benefits, and the employer/carrier provided some, but not all, of the benefits requested. In some of its responses, the employer/carrier also stated that subject matter jurisdiction was lacking because the “case is governed by Collective Bargaining Agreement authorized per FL Statute 440.211.” The employer/carrier filed a motion for summary final order, requesting that the judge dismiss any pending claims for lack of subject matter jurisdiction, which was denied due to factual disputes regarding the existence of the collective bargaining agreement. A final hearing regarding certain benefits in dispute was scheduled, and the parties agreed to bifurcate the issues, with the issue of subject matter jurisdiction to be addressed first.

The District Court of Appeal held that for cases in which employers/carriers take the first actions to invoke jurisdiction in workers’ compensation claims and continue to litigate and provide benefits over an extended period of time, subject matter jurisdiction is not thereby created if it never actually existed in the first place.

 

6.    Employees may not file tort claims against their employers in circuit court without first seeking workers’ compensation benefits
Steak’N Shake, Inc. v. Spears, No. Fla. 5th DCA, No. 5D2024-0148, 2025 WL 1668095, June 13, 2025, reh’g denied (Oct. 1, 2025)

This case sets forth a process for claimants seeking to file civil liability suits against their employers and identifies the final arbiters of workers’ compensation compensability determinations. It does so acknowledging that no other court has addressed the specific issue at hand.

The employee was held at gunpoint while at work and was forced into a backroom where a gunman threatened to kill her. The gunman grabbed the employee by the shoulder and neck during the encounter. The employee experienced severe emotional distress as a result of the robbery, but rather than pursue a claim for workers’ compensation benefits, she sued her employer for civil damages. 

She argued that her case was not compensable because elsewhere in Florida’s Workers’ Compensation Act, mental injuries are deemed non-compensable if they are not accompanied (or caused) by physical injuries. § 440.093, FLA. STAT. (2024). The employer/carrier argued, however, that the claimant could not make the compensability determination on her own and was required to at least request benefits within the workers’ compensation system as a necessary condition to filing a civil suit. The civil trial court agreed with the claimant and ruled that she was permitted to file a civil suit premised on its determination that her accident and injuries were not compensable.

The court announced a new rule, at least within the Fifth District Court of Appeal: employees may not file tort claims against their employers in circuit court without first seeking a determination of whether they are entitled to workers’ compensation benefits. The court highlighted language in Florida Statutes § 440.13(1)(d), stating that compensability questions are determined by only two entities, a “carrier” or a “judge of compensation claims.” A Florida circuit judge, therefore, lacks such authority.

 

7.    Court of Appeal holds judges of compensation claims lack jurisdiction over employer/carrier-paid costs and have limited role in reviewing employer/carrier-paid fees
Fox v. Sarasota County School Board, 415 So. 3d 736 (Fla. 1st DCA 2025)

The First District Court of Appeal issued an opinion that clarifies the extent of a judge of compensation claims’ discretion, and even jurisdiction, to review attorney fees and costs paid by employers/carriers. The court held that a judge’s role in approving employer/carrier-paid attorney fees for benefits secured under Florida Statutes Section 440.34(1) extends to only reviewing the amount of, rather than entitlement to, attorney fees. The court stated that judges have no jurisdiction whatsoever over employer/carrier-paid costs. The opinion may have significant implications for settlement negotiations and the role of judges in approving “side stipulations” to employer/carrier-paid attorney fees and costs.

 

8.    Reservation over attorney fee entitlement may not toll statute of limitations
Murphy v. Polk Cnty. Bd. of Cnty. Commissioners, Fla. 1st DCA, No. 1D2022-2752, 2025 WL 2527901, Sept. 3, 2025

The First District Court of Appeal held that a party’s purported reservation over attorney fees, as part of a voluntary dismissal before an employer/carrier accepts compensability over a claim or compensability is adjudicated on the merits, does not toll the statute of limitations. 

The claimant alleged an accident on September 10, 2016. The employer/carrier initially authorized some medical appointments but ultimately denied compensability of the claim in its entirety. The claimant then filed  a first Petition for Benefits, to which the employer/carrier responded with a full denial and furnished no further benefits. The claimant then filed a Notice of Dismissal of the first Petition for Benefits but reserved jurisdiction over claims to entitlement and the amount for attorney fees and costs. 

Approximately two years later, the claimant filed a second Petition for Benefits, requesting indemnity benefits regarding the same accident date. The employer/carrier responded with a denial based on the expiration of the two-year statute of limitations. The employer/carrier then filed a motion asking the judge to require the claimant to file a verified motion for attorney’s fees and costs relating to the first Petition for Benefits. The judge granted the motion, but the claimant failed to file any such verified motion for attorney’s fees and costs. Consequently, the judge dismissed the claim for fees and costs from the first Petition for Benefits. The judge analyzed the nature of attorney fees. Essentially, since the claimant could not possibly show that he secured benefits pursuant to the first Petition for Benefits, the fee claim in that Petition for Benefits was a nullity, even though he reserved jurisdiction over fee entitlement. Because the fee claim in the first Petition for Benefits remained “ancillary” and “collateral,” rather than one that had “ripened” through the securing of benefits or an adjudication on the merits, and two years from the accident elapsed before another Petition for Benefits was filed, all Petitions for Benefits after the first were time barred. 

 

9.    Daubert evidentiary challenges do not apply to expert medical opinions under Florida’s Workers’ Compensation Act
Sedgwick Claims Mgmt. Services v. Thompson, Fla. 1st DCA, No. 1D2023-0193, Sept. 3, 2025

In a matter of first impression, Florida’s First District Court of Appeal addressed whether Florida Statutes Section 440.25(4)(d) precludes Daubert challenges to Expert Medical Advisor (EMA) opinions. Put simply, Daubert requires that expert opinions result from analysis of reliable facts, use of reliable principles and methods, and reliable application of those principles and methods to the facts of the case. In this case, the court held that the plain language of the statute in conjunction with the ever-evolving changes to Florida’s Workers’ Compensation Act mandates that Daubert cannot be used to exclude EMA opinions. 

 

10.    Standards for misconduct under Workers’ Compensation Act and Reemployment Assistance Law are not equivalent
Cobb v. TECO Energy Inc., Fla. 1st DCA, No. 1D2024-0787, 2025 WL 2919055, at *1, Oct. 15, 2025

The First District Court of Appeal affirmed the judge’s denial of temporary indemnity benefits that were terminated for “misconduct” under section 440.15(4)(e) of the Workers’ Compensation Act. The court explained, while the claimant was awarded unemployment benefits, that determination was not binding in workers’ compensation proceedings. While the definitions of “misconduct” in the Workers’ Compensation Act and the Reemployment Assistance Law are similar, and while prior cases treated them similarly, the latter statute was substantively amended in 2011–2012. The court held the judge properly applied the statutory definition of misconduct, the factual findings were supported by competent and substantial evidence, and the judge acted within his/her discretion as factfinder. 


What’s Hot in Workers’ Comp, Vol. 29, No. 12, December 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 © 2023 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

Thought Leadership

Pennsylvania Supreme Court Holds Self-Referral Prohibition Does Not Cover Prescriptions Written by Physicians with Ownership Interests in Dispensing Pharmacies

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office (State Workers’ Insurance Fund); Nos. 97, 98, 99, 100, 101 MAP 2024; decided June 16, 2026; by Justice Mundy.   In this case, Drs. Miteswar Purewal and Shailen Jalali, treating physicians for workers’ compensation claimants, wrote prescriptions for various medications that were filled by 700 Pharmacy. The worker’s compensation insurer refused to pay for the prescriptions on the basis that they were illegal self-referrals under the Act. 700 Pharmacy subsequently filed fee review applications with The Bureau of Workers’ Compensation Medical Fee Review Office. At a fee review hearing, both physicians stipulated they had a financial interest in the pharmacy.  The physicians argued that the Anti-Referral Provision of the Act does not bar self-referrals on prescription drugs and pharmaceutical services, since the provision does not specifically identify prescription drugs. The Fee Review Hearing Officer rejected this argument and found that prescriptions for medications are prohibited under the “goods or services” language included in the provision. 700 Pharmacy appealed to the Commonwealth Court, and the court affirmed, agreeing with the Hearing Officer’s interpretation of “goods and services” as encompassing prescriptions. 700 Pharmacy appealed to the Supreme Court.  The Supreme Court reversed the decisions of the Hearing Officer and the Commonwealth Court, holding that the term “goods and services” in the Anti-Referral Provision of the Act did not include prescriptions. According to the Court, “goods and services” was not a catch-all, but simply explanatory as to the eight enumerated categories in the provision. The provision (Section 306(f.1)(3)(iii)) reads, in pertinent part: Notwithstanding any other provision of law, it is unlawful for a provider to refer a person for laboratory, physical therapy, rehabilitation, chiropractic, radiation oncology, psychometric, home infusion therapy  or diagnostic imaging, goods or services pursuant to this section if the provider has a financial interest with the person or in the entity that receives the referral. The Court said that if the General Assembly wanted to specifically include prescription drugs and pharmaceutical services in the Anti-Referral Provision, they would have done so. They pointed out that prescription drugs and pharmaceutical services were included by the legislature in Section 306 (f.1)(3)(vi) of the Act as to reimbursement, and claimed that their omission from the Anti-Referral Provision supports the conclusion that those services are not included in the Anti-Referral Provision’s self-referral prohibition.

Thought Leadership

Coverage Determined, Judgment Paid, Bad Faith Survives: Fourth DCA’s Opinion Highlights the Distinction Between Contractual and Extra-Contractual Damages

In Healthy Food Experts, LLC v. Amguard Ins. Co., No. 4D2025-0181 (4th DCA June 10, 2026), the Fourth District Court of Appeal explained that an insurer’s payment of a judgment in a breach of contract case does not automatically eliminate a later bad faith claim seeking extra-contractual damages. The decision provides guidance on when a first-party bad faith claim may still proceed after a coverage dispute has already been resolved by a judgment. Healthy Food Experts, LLC involved a dispute related to a property damage claim submitted under a commercial insurance policy issued by the insurer following a ceiling collapse at the insured’s restaurant. The insurer denied coverage for the insured’s losses for business personal property and business income, but extended coverage for the food spoilage losses. As a result, the insured filed a breach of contract action and ultimately obtained a jury verdict. The insurer appealed the verdict and, while the appeal was pending, the insured filed a Civil Remedy Notice (CRN) seeking payment for the judgment plus interest. The insurer failed to cure the CRN within the statutory sixty-day cure period, but paid the judgement in full with accrued interest following the appeals court’s per curiam affirmance. Nevertheless, the insured filed a first party bad faith lawsuit claiming to have suffered extra-contractual damages. In response to the bad faith suit, the insurer filed a Motion to Dismiss for failure to state a cause of action, relying on Fridman v. Safeco Insurance Co. of Illinois, 185 So. 3d 1214 (Fla. 2016) stating that damages were fixed by judgment of the breach of contract suit and the insured could not recover additional damages beyond those already awarded. The insurer also argued that the judgment did not exceed the insured’s policy limits, which was a required element of a first party bad faith claim. The trial court dismissed the bad faith action based on Fridman, concluding the insured could not seek any additional damages.  The insured appealed the court’s ruling to the Fourth DCA arguing the trial court’s order conflicts with Florida law and misapplies Fridman, as a contractual damage determination in the underlying suit establishes the “condition precedent to prosecute a first party bad faith action.” Cingari v. First Protective Ins. Co., 377 So. 3d 1169, 1174 (Fla. 4th DCA 2024). Further, the insured argued that the only purpose to the binding language in Fridman is to prevent the re-litigating of the same damages, which in this case are the contractual damages. The insured asserted the damages were not the “same” as they were seeking consequential damages from the insurer’s alleged bad faith. The Fourth District emphasized in its ruling that a first party bad faith claim is not ripe for litigation until there has been the following: a determination of the insurer’s liability for coverage; a determination of the extent of the insured’s contractual damages, and the required civil remedy notice is filed pursuant to §624.155(3)(a).  Demase v. State Farm Fla. Ins. Co., 239 So. 3d 218, 221 (Fla. 5th DCA 2018) The court concluded that the necessary conditions were satisfied as the jury verdict determined both coverage and the extent of the insured’s contractual damages, and the insured properly filed a civil remedy notice, so the bad faith claim was ripe for litigation. The Fourth DCA further explained the insured could not seek contractual damages in its bad faith action, which was previously litigated in its breach of contract suit. However, the court determined the insured could seek “extra-contractual damages,” which were not recoverable in the insured’s breach of contract suit, which may include interest, court cost, and reasonable attorney’s fees incurred by the insured. Further, the court held excess judgment is not essential in a first party bad faith claim and the insurer’s late payment of the judgment did not preclude the insured’s bad faith action. As a result, the Fourth District Court of Appeals reversed the trial court’s final dismissal order of the bad faith action. This opinion highlights the distinction between contractual and extra-contractual damages. Moreover, this case demonstrates that a judgment does not necessarily end the dispute in a first party property claim as it is could also serve as a prerequisite of a bad faith action. The decision serves as a reminder that insurers may face bad faith exposure notwithstanding the payment of a judgment in an underlying breach of contract action.

Thought Leadership

Unanimous New Jersey Supreme Court Holds That Personal Emails of Public Employees and Officials are Subject to OPRA

In Rosetti v. Ramapo-Indian Hills Regional High School Board of Education, the New Jersey Supreme Court unanimously held that government-related emails, which are contained within personal email accounts, are government records under the Open Public Records Act (OPRA), and a log of those emails must be produced when requested. In reaching this decision, the court conducted an analysis of the OPRA and cited previous cases that held that emails do in fact fall within OPRA’s definition of a record and must be produced when requested pursuant to the Act. The court in Rosetti then had to answer the question as to whether public officials’ personal email accounts that are used for government purposes are subject to OPRA, and found that they are. Rosetti made an OPRA request to the Board of Education seeking email logs from Board members’ personal email accounts. The Board refused to produce the logs and indicated that it was not under any obligation to produce personal email account logs, only from government-related email accounts. The issue was whether a log had to be produced for Board members’ personal email accounts, which they used to conduct Board business. The Board argued that while it was possible to create a log for government-related email accounts through its IT Department, it was not possible to do so for personal email accounts. The court rejected this argument and ruled that Board members are required to search their personal email accounts and create a log of government-related emails housed in those accounts. Once completed, each Board member then must submit a certification detailing the searches that were conducted. The court went one step further with a suggestion to government employees and officials, stating, “[g]overnment agencies should strongly advise their employees, elected officials, and others engaged in government-related business to refrain from using their personal email accounts when conducting government-related business.”  Please do not hesitate to contact me with any questions regarding this case and others pertaining to the OPRA. 

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. 

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.