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What's Hot in Workers' Comp

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

What’s Hot in Workers’ Comp, Vol. 30, No. 1, January 2026

January 1, 2026

RESULTS*

Tony Natale (King of Prussia, PA) successfully prosecuted a termination petition. The claimant, a police officer for the borough, sustained a work injury to the neck, back and lower extremities in the form of aggravations of pre-existing conditions. The claimant testified that he only treated sporadically for the pre-existing condition before the work injury and that his treatment intensified greatly after the work injury. To the contrary, the treatment records showed the claimant regularly treated for his medical conditions three times a week prior to the work injury, all the way up to two days before the work injury. The claimant’s expert was unaware of the prior treatment, and on cross examination Tony was able to force the expert to agree that the claimant’s base-line condition was equivalent to the current symptomatology. As such, the court granted the full recovery as the claimant reached base line and fully recovered from the work aggravation.

Rachel Ramsay-Lowe and Bill Murphy (both of Roseland, NJ) received dismissal without prejudice. The petitioner alleged a motor vehicle accident on May 5, 2024, resulting in injuries to her neck, back, left side of her body and her left arm. A motion was filed to dismiss for lack of employment, arguing that the petitioner was never in the employment of our insured. The motion was unopposed, and on November 25, 2025, the judge ordered dismissal of the claim for lack of employment. 

Anna Robertelli and Bill Murphy (both of Roseland, NJ) received dismissal without prejudice. The petitioner alleged occupational exposure from October 2013 to October 2023, resulting in orthopedic and neurologic injuries to his right arm, hand and wrist, including but not limited to carpal tunnel syndrome. Following the petitioner’s failure to timely respond to our discovery requests, a motion to dismiss was filed for lack of prosecution. On December 8, 2025, the judge entered an order for dismissal for lack of prosecution.

Michael Duffy (King of Prussia, PA) and Alana Staniszewski (Pittsburgh, PA) were successful in having a Claim Petition denied where the claimant avered he sustained work-related chemical burns. The claimant testified that while working for the employer, he sat on an overturned trash can to take a brief break before clocking out. After getting up, he noticed his pants and underwear were wet. He punched out and walked to his apartment about a block away. He undressed, took a shower, and noticed his buttocks burning. He put a cream on it, but it became worse. The next morning he sought medical treatment. He was hospitalized from August 3, 2024, until September 3, 2024, as he had second degree chemical burns on his buttocks and the back of his thighs. He received an incision, debridement, and soft tissue necrosis procedure to his perineum, buttock and left thigh. The claimant eventually was released to return to work without restrictions and found fully recovered by his doctor. No medical testimony was submitted. The claimant submitted medical records and relied upon a one-page report opining that his burns were related to sitting on a wet trash can. No details were provided regarding any specific exposure to chemicals. We presented fact witness testimony detailing the claimant’s job duties and exposure to chemicals which revealed the claimant was not exposed to any hazardous chemicals, only normal cleaning supplies. Video footage submitted revealed the claimant sitting on the trash can, getting up, moving to another trash can, and then leaving without issue; he never looked at his pants or felt his pants to see if they were wet. The workers’ compensation judge found the claimant’s testimony not credible because he would expect the claimant to try to touch his pants, look at it, or dry it off. He did not find the claimant credible regarding showering and then sleeping with the burning sensation before seeking treatment 16 or more hours later. The judge also found the employer’s fact witness credible. He did not find the claimant’s one-page medical report credible as this claimant’s expert opinion was cursory and provided no explanation other than merely relying on the claimant’s history. Thus, the claim petition was denied and dismissed.

Michael Duffy (King of Prussia, PA) successfully settled a case with no admission of liability and a settlement of $24,500 with no payment of medical bills. The claimant, a mason, alleged he sustained a stroke while at work. The claimant reported to work in the morning, although he told his supervisors he was not feeling well. He was provided an apprentice and told to take it easy. He went to the bathroom multiple times and then asked to leave early. He left after about two to three hours of working. He then went to the hospital, was discharged, and then went back. When he returned, he was told he had a stroke. He was hospitalized for a period of time and then discharged with out-of-work restrictions. His expert testified that the claimant’s job duties as a mason caused his stroke. Specifically, this expert alleged the claimant’s job was physically demanding, he was regularly exposed to concrete dust and had stressors from supervising an apprentice, all of which caused his stroke. Our expert testified that the claimant’s stroke was a result of his unregulated hypertension and failure to consistently take his blood pressure medication. The employer’s fact witness testimony revealed the claimant did not supervise any apprentice and wore respirators whenever he was exposed to concrete dust. After completing all evidence, claimant’s counsel presented a demand of $310,000 plus payment of medical bills and reimbursement of litigation costs. 

*Prior Results Do Not Guarantee a Similar Outcome 


NEWS

Michael R. Duffy (King of Prussia, PA) we recently elected a shareholder of the firm effective January 1, 2026. Mike focuses his practice on defending employers and insurance carriers in matters related to workers’ compensation. He represents employers across numerous industries including trucking, construction, landscaping, manufacturing, hospitality and long-term care. He is a member of the Pennsylvania Workers’ Compensation Coalition, Brehon Law Society, Philadelphia Bar Association and Judge Alexander F. Barbieri Workers’ Compensation Inn of Court. He earned his Bachelor of Arts in Political Science from Pennsylvania State University and his juris doctor from Widener University Delaware Law School. He is admitted to practice in Pennsylvania and New Jersey. 

Firm Highlights

Thought Leadership

New Jersey Workers’ Compensation Legislation Updates

Since June 1, 2026, there have been no new New Jersey workers’ compensation related cases from the Appellate or Supreme Courts. As such, below will highlight any new legislative updates since February. A1023 | S3984 - Medical Use of Cannabis Under Certain Circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045  - Certain Injuries to Volunteer and Professional Public Safety and Law Enforcement Personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A1384 | S2757 - Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1870 | S1379 - Workers' Compensation Benefits For Certain Workers Due to September 11, 2001 Terrorist Attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 - Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 -  Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3167 | S2372 - Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3548 | S3571 – Maximum Benefits for Certain Volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee. A3724 - Personal Liability to Employer Officers for Failure to Pay for Coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617  - Certain Workers' Compensation Supplemental Benefits and Funding Method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026 and referred to the Assembly Labor Committee. S241 - Inclusion in Database of Appointed Officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. S2290 -  Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026 and referred to the Senate Judiciary Committee. S3144 - Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. S3342  - Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026 and referred to the Senate Judiciary Committee.

Thought Leadership

Appellate Court Rejects Horizontal Immunity Defense to Company Not Acting as Statutory Subcontractor

The First District Court of Appeal held that a property management company was not entitled to horizontal immunity under section 440.10(1)(e), Florida Statutes, in a negligence action brought by an employee of another company working on the property. The claimant was injured while servicing a swimming pool at an apartment complex. His employer had contracted with the property owner to maintain the pool. Following the accident, the claimant received workers' compensation benefits through his employer’s carrier. The claimant subsequently filed a negligence action against the property management company, alleging that it failed to maintain the premises in a reasonably safe condition and failed to warn him of a dangerous condition that caused his injuries. The property management company had been retained by the property owner to maintain the complex in good operating condition and to perform routine maintenance and repair work. The property management company argued that it was immune from suit under section 440.10(1)(e) of Florida’s Workers’ Compensation Law. That provision grants immunity to a subcontractor providing services in conjunction with a contractor on the same project or contract work from civil actions brought by employees of another subcontractor, subject to limited exceptions. According to the property management company, it qualified as a subcontractor working on the same project as the claimant’s employer and was therefore entitled to horizontal immunity. The trial court agreed and entered summary judgment in its favor. On appeal, however, the claimant argued, and the appellate court agreed, that horizontal immunity applies only when a contractor has sublet work arising from a contractual obligation owed to a third party. The court noted that prior decisions consistently held that an entity acting solely on its own behalf as the owner of property, rather than pursuant to a contract with a third party, is not a “contractor” under section 440.10(1), even when it hires other companies to perform work on the property. In Teed, the property management company could not establish that the property owner had a primary contractual obligation to a third party to maintain either the apartment complex or the swimming pool, which it then delegated to the claimant’s employer or the property management company. As a result, the property owner did not qualify as a statutory contractor, and the property management company was not a subcontractor entitled to horizontal immunity under section 440.10(1)(e). The First District therefore reversed the lower court’s ruling and remanded the case for further proceedings on the claimant’s negligence claim.

Thought Leadership

Commonwealth Court Holds That a Claimant Who Was Struck By a Car While Crossing the Street During an Unpaid Break Was In the Course and Scope of Employment

This case involved a claim petition filed by a claimant who sustained injuries after being struck by a vehicle while crossing the street in front of the employer’s premises. The employer denied the claim based on course and scope, as the accident occurred during one of two mandatory fifteen (15) minute breaks provided to the claimant. The claimant would punch out at the beginning of a break and punch back in when the break was over.  On the date of the incident, the claimant punched out and left the building to get lunch at a restaurant, which required her to cross the employer’s parking lot, and then a public street, where the injury occurred. The Workers Compensation Judge (WCJ) dismissed the petition, noting that that during the two mandatory fifteen-minute breaks per shift allowed by the employer, the claimant was free to leave the employer’s premises, and during breaks, permitted to engage in whatever activity she desired. The WCJ found that at the time of the accident, the claimant was on her own time, in the middle of the street, and going to get lunch.   The claimant filed an appeal with the Worker’s Compensation Appeal Board (Board), and the Board reversed.  According to the Board, the claimant’s location was still on the employer’s premises, as the claimant was taking her customary route while using a reasonable ingress/egress from the employer.  Further, the Board found that the “Personal Comfort Doctrine” applied, as the claimant was on a momentary departure to take care of her personal comfort, within the window of time she was allotted for her break.  The Board remanded the case, and a WCJ granted the claim petition.  The Board affirmed, and the employer appealed to the Commonwealth Court. Before the Court, the employer argued that the claimant was not in the course and scope of her employment, because the injury did not occur on its premises, and the claimant was outside the bounds of the Personal Comfort Doctrine. The Court, however, rejected these arguments, and dismissed the employer’s appeal.  The Court noted that the break given to the claimant was so cursory, when she set out to relieve her hunger for her own personal comfort,  she remained in the course of her employment when she sustained her injuries.  A Petition for Allowance of Appeal in the Supreme Court has been filed by the Employer, Giant Eagle.