.

What's Hot in Workers' Comp

What’s Hot in Workers’ Comp - News and Results*

What’s Hot in Workers’ Comp, Vol. 29, No. 11. November 2025

November 1, 2025

RESULTS*

John Hare (Philadelphia, PA) successfully argued before the Supreme Court of Pennsylvania in Yoder v. McCarthy Construction. This resulted in the court’s unanimous ruling to uphold statutory employer immunity on Pennsylvania construction sites. The six Justices who voted rejected the plaintiff's arguments that such immunity should be overturned as antiquated and should be deemed waivable. Shane Haselbarth (Philadelphia, PA) played a key role in helping John to achieve this outstanding result. Read more about this case in The Legal Intelligencer.

Michael Duffy (King of Prussia, PA) received a favorable decision that saved our client millions on dollars. The claimant filed a Claim Petition alleging he sustained a left shoulder dislocation, stroke, traumatic brain injury, gait dysfunction, central pain syndrome and post-traumatic seizures as a result of a fall at work. After the claimant fell at work and sustained a left shoulder dislocation, he went to the hospital for the dislocation, was treated and discharged. Four days later he sustained a stroke at home. He had multiple surgeries and was hospitalized for four months. He was severely disabled as a result of the stroke and requires full-time care. The claimant initially alleged the stroke was caused by a head injury from the fall at work. He claimed he was bleeding from his nose and mouth and had a laceration to his forehead. Mike was able to show that did not occur by presenting fact witnesses who established the claimant fell off one step, never hit his head, was not bleeding from his head or face, only dislocated his shoulder, and was discharged home without issue. Claimant’s counsel then alleged the claimant’s stroke was related to a spike in his high blood pressure that placed him in a hypertensive crisis, resulting in the stroke. Mike showed that the claimant had unregulated high blood pressure before the work injury and that he was released from the hospital with high blood pressure but not high enough to be in hypertensive crisis. Mike argued the claimant failed to provide a credible explanation as to how his fall at work kept him in a hypertensive crisis for four days resulting in the stroke. The judge agreed with our arguments, finding that the claimant only sustained the agreed upon shoulder dislocation. Therefore, the claimant was awarded one day of wage loss benefits for the shoulder dislocation. The stroke, traumatic brain injury, gait dysfunction, central pain syndrome, and post traumatic seizures were denied and dismissed. As the claimant is only 48 years old, his compensation rate would have resulted in $30,000-a-year wage loss benefits; therefore, wage loss for the rest of his life would likely have approximately $1 million. Additionally, the claimant’s medical costs were going to be much higher as he requires round-the-clock care, which over his lifetime would have cost millions. His hospital bills alone were over $1 million, and claimant’s counsel would have argued for home modifications and vehicle modifications. Instead, the claimant will receive a one-day payment of about $88.

Ryan Hauck (Pittsburgh, PA) successfully defended a six-figure workers’ compensation claim in which the claimant alleged back and leg injuries and sought over $60,000 in past wage loss plus ongoing benefits. By collaborating closely with the employer, Ryan preserved and presented key surveillance footage, coupled with compelling medical evidence and strategic cross-examination, to challenge the claimant’s factual and medical assertions. The judge found our case more credible and persuasive, resulting in a complete denial of the claim petition.

Gabrielle Winter (Mount Laurel, NJ) successfully argued a motion to dismiss for lack of jurisdiction on a medical provider claim petition. The medical provider was seeking $105,688.13. The judge dismissed the case, agreeing with our argument that there was insufficient contact with New Jersey and that the proper jurisdiction was New York. 

A. Judd Woytek (King of Prussia, PA) successfully defended against a Petition for Joinder of Additional Defendant that sought to place liability on our client as a statutory employer under the Act. The judge found that the original defendants had failed to join the proper party, had failed to prove that our client was a statutory employer, and had failed to prove facts sufficient to pierce the corporate veil. Our client was dismissed from the claim.

Michael Sebastian (Scranton, PA) successfully defended a Claim Petition where the issue was whether the claimant suffered a knee injury that required knee replacement surgery. The claimant testified that on the date of injury he was doing the work of two employees. After work, he went home and started feeling knee pain. The judge summarized the testimony of the claimant and his medical expert, but he did not summarize the defense medical expert. The judge found the claimant not credible since he did not testify to a specific incident that caused the knee pain and he did not provide sufficient testimony to support a repetitive trauma injury. The judge found claimant’s expert not credible to support a finding that the claimant sustained a knee injury, explaining he did not have sufficient information from the claimant and lacked the opportunity to examine the claimant since he did not see him until after the knee replacement surgery was performed. The judge also noted that claimant’s medical expert did not provide any opinion regarding disability. The judge indicated that since the claimant’s evidence was not credible, he did not have to address the defense medical expert’s testimony. 

Tony Natale (King of Prussia, PA) received a defense verdict on his Termination Petition where the claimant sustained a low back injury when he slipped and fell in an elevator during his employment. The employer had an IME wherein the claimant was pronounced fully recovered from strain injuries. The claimant presented evidence that alleged disc involvement and ongoing radiculopathy. The court found the employer’s expert to be credible as to full recovery based on the finding that no architectural change could be identified between the claimant’s diagnostic studies pre and post injury diagnostic studies. 

Tony was also successful in having a claimant’s indemnity and medical benefits suspended. The claimant sustained a low back injury tending to children during the course and scope of employment. She was set up for various IME appointments, which she refused to attend. A petition to compel her attendance was filed and granted by the court. A new court-ordered IME was scheduled, which the claimant did not attend. A Suspension Petition followed wherein in evidence of the claimant’s recalcitrance was admitted into the record. The court granted the employer’s Suspension Petition and suspended BOTH indemnity and medical benefits.

Tony received a defense verdict on a Claim Petition where the claimant sustained a shoulder injury during the course and scope of employment. The employer brought the claimant back to work to a light-duty driving position that caused a limited loss of wages (for about 1.5 months). They then allowed the claimant to earn his pre-injury wages. The job was so light that the claimant was found sleeping in the truck during work hours and was discharged for cause. After the claimant secured new employment with another company at lower wages, he alleged he was entitled to ongoing partial disability. The subsequent Claim Petition turned on the facts surrounding the discharge as being the real cause for the disability. The business record exception to the hearsay rule was dissected by the court, and the Claim Petition was dismissed based on the employer’s legally admissible fact and medical witness testimony.

In another matter, Tony was successful in having his Termination Petition granted. The claimant sustained a work injury in the form of a head concussion and post concussive syndrome. Ultimately, his treating physician released him to return to work on a partial basis. The claimant refused a subsequent job offer. He continued treating but in a clandestine fashion. He also secured alternative employment. The treating physician then released the claimant to full-duty work. Suspension and Termination Petitions were filed, alleging the claimant refused available work, was working at an alternative job and was fully recovered from the work injury. The claimant’s own treating physician was used in evidence against him. The court granted a full recovery.

Finally, Tony was successful in having a Termination Petition granted on behalf of a university. The claimant sustained a low back and neck injury while lifting trash, and her claim was ultimately accepted as compensable for strain injuries. A Termination Petition was later filed, alleging the claimant was fully recovered from her injuries. The claimant alleged her strain injuries morphed into an aggravation of degenerative changes in her spine. The claimant’s Ivy League-trained orthopedic surgeon was forced to admit on cross exam that there were no structural change between the pre-injury and post-injury MRI’s, leading the judge to the inescapable conclusion that the claimant was fully recovered.

Benjamin Durstein (Wilmington, DE) was successful in having his petition to terminate the ongoing receipt of temporary partial disability benefits granted on the basis that the claimant had voluntarily removed himself from the workforce. The Industrial Accident Board reasoned that the claimant was able to work in a medium-duty job, jobs were available within his restrictions, he’d conducted a minimal job search since his work release more than a year and a half earlier, and his description of his daily activities was consistent with a person content with a retirement lifestyle rather than someone who intended to continue to work. Accordingly, he was no longer entitled to wage replacement benefits.

Kacey Wiedt (Harrisburg, PA) successfully defended claimant’s Claim and Penalty Petitions by proving the alleged injury occurred much later than claimed. The claimant, a technical operator responsible for shaping and packing cheese, alleged that he suffered a left shoulder tear with internal derangement, requiring surgery, as a result of using a long stick-like tool to dislodge cheese that had gotten stuck in a machine during the production process. The claimant asserted that he provided timely notice of his work-related injury to his supervisor within a few days after the injury occurred. Through cross examination, the claimant admitted that he provided notice of his injury four or five months after the alleged injury occurred. Through employer witness testimony, Kacey was also able to show that, while the claimant did leave early on the day of the alleged injury, the reason was because he was sick, and there was no written documentation to support notice being provided in a timely manner. Through medical expert testimony, Kacey was also able to establish that the claimant’s injury likely occurred on a later date than the one alleged, based upon the medical evidence showing that the bicep did not show any signs of retraction 10 months after the alleged injury date. The workers’ compensation judge found the defendant’s expert testimony more credible than the claimant’s medical expert. The claimant’s Claim Petition seeking, temporary total disability benefits, and his Penalty Petition were denied, resulting in a successful outcome for the defendant.

*Prior Results Do Not Guarantee a Similar Outcome 


NEWS

Michele Punturi (Philadelphia, PA) joined members of the claimant’s and defense bars, judiciary and the Appeal Board for an in-depth CLE program on the past and future of the Workers’ Compensation Adjudicatory System. In “Legends of Workers’ Compensation: A Look Back and Ahead on the Workers’ Compensation Adjudication System,” hosted by the Philadelphia Bar Association's Workers’ Compensation Section, panelists examined historical transformations in the practice of workers’ compensation, spanning from in-person hearings to modern day hearings and virtual practice. 

Tony Natale (King of Prussia, PA) authored the article, "Compensating the Boys of Fall - College Sports May Soon Face the Ultimate Call: Player or Employee?" appearing in the October issue of CLM Magazine. The article discusses legal developments over the classification of college athletes as employees and potential impacts on workers' compensation. 

Firm Highlights

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.