What's Hot in Workers' Comp - News and Results*
NEWS
Shannon Fellin (Harrisburg) was selected a 2022 “Lawyer of the Year” for Harrisburg, Workers’ Compensation Law – Employers by Best Lawyers in America©. The designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, professionalism and integrity. Our additional Best Lawyers in America in the area of workers’ compensation include Daniel Deitrick (Pittsburgh); and Ashley Eldridge (Philadelphia) and Ryan Hauck (Pittsburgh) were recognized as Best Lawyers: Ones to Watch. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/.
Frank Wickersham (King of Prussia) authored the article “Blurred Lines: A Breakdown of Conventional Workplace Boundaries During the Pandemic,” which was published in the Pennsylvania Law Weekly. You can read the article here: https://marshalldennehey.com/articles/blurred-lines-breakdown-conventio….
Robin Romano (Philadelphia) participated in a panel discussion, “Emotional Intelligence: The Art of Friendly Persuasion,” held by the Philadelphia Bar Association’s Workers’ Compensation Section on August 20, 2021.
RESULTS*
Keri Morris-Johnson (Wilmington) successfully defended a claim where the Delaware Superior Court affirmed the Industrial Accident Board, arguing the claimant was not in the course and scope of employment when the injury occurred.
Tony Natale (Philadelphia) successfully defended a regional energy efficiency service agency in a claim petition wherein the claimant attempted to use the COVID 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. Tony 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 his motor vehicle accident. The judge also found the claimant completely recovered from the work injury during the pandemic lay off and that the claimant demonstrated no good reason for his failure to return to work once the pandemic restrictions dissipated.
Tony Natale successfully defended an appeal that terminated and suspended benefits for injuries to the claimant’s head, neck, and back while in the course and scope of employment with a Berks County mushroom farm. The central allegation on appeal was that the claimant had a reasonable excuse to continue to miss work despite being released to return to work by various experts. The claimant argued that obligations to sick members of his family trumped the employer’s request for him to return to work. The appeal was dismissed in its entirety based on Tony’s argument that the claimant attempted to undermine credibility determinations made by the judge regarding medical experts and further tried to amend the Workers’ Compensation Act by changing the law as to refusal of available employment.
Tony Natale successfully prosecuted a termination and suspension petition on behalf of a Berks County food distributor in a case involving a claimant’s abandonment of available employment and ultimate full recovery from an accepted work injury. Tony was able to use the claimant’s own treating physician to certify that she was fully recovered from her work-related injuries and that she was fully capable of continuing to work in a job position that she unceremoniously abandoned without just cause.
Tony Natale successfully defended a Berks County canning corporation in a claim petition involving a thumb injury with subsequent discharge from employment due to abandonment of open and available work. The claimant continued to work his full-duty job despite the injury until he was discharged for cause for walking off the job. The claimant tried to convince the court that he left work due to “high blood pressure” issues and was entitled to disability benefits. However, fact witnesses from the employer thoroughly disputed this allegation. The claimant then underwent surgery and as a result alleged entitlement to benefits. The employer presented fact witness testimony confirming that one-armed work was available to the claimant despite his surgery had he not been discharged for cause for job abandonment.
Michele Punturi (Philadelphia) successfully defended an appeal before the Commonwealth Court by challenging the claimant’s medical expert who could not establish through substantial competent evidence that the claimant was not fully recovered from a cervical spine injury.
Michele Punturi (Philadelphia) successfully defended an appeal before the Commonwealth Court challenging the claimant’s evidentiary arguments and failure to establish the judge was biased and that the second termination petition was barred by res judicata.
Rachel Ramsey-Lowe (Roseland) successfully defended an appeal where the judge found the claimant not credible and found the claimant’s expert not competent, as he relied upon an incomplete medical history.
Andrea Rock (Philadelphia) successfully defended a claim by limiting liability to 14 months of benefits based upon strong medical expert testimony. 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.
Robin Romano (Philadelphia) successfully prosecuted multiple petitions. They included a petition to terminate benefits regarding an accepted and infected lower leg laceration, a petition to review to expand the nature of injuries on the notice of compensation payable to include the lower back, a petition to review the average weekly wage, two utilization review petitions regarding treatment to the low back, and a petition to modify and suspend based upon the claimant's return to work without the knowledge of the carrier. Also at issue were two penalty petitions, one alleging late wage loss payments, which, after testimony by the adjuster, was dismissed by the judge as baseless.
John Swartz (Harrisburg) successfully defended an appeal from a decision denying the claim petition for total disability benefits based upon competent medical expert testimony.
*Prior Results Do Not Guarantee A Similar Outcome
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin 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 © 2021 Marshall Dennehey Warner Coleman & Goggin, 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.