What's Hot in Workers' Comp - News and Results*
NEWS
Niki Ingram (Philadelphia) was a panelist at a recent webinar hosted by the Philadelphia Association of Defense Counsel. “How Women Judges and Lawyers Succeed During Challenging Times” featured an esteemed panel of women in the legal profession offering advice and sharing real life experiences on how to move forward while overcoming obstacles, juggling work life with personal life, and maintaining civility.
Kacey Wiedt (Harrisburg) was a featured speaker at the “Controlling Workers’ Compensation Costs” webinar hosted by the County Commissioners Association of Pennsylvania. During his presentation, “The Impact of COVID-19 on Workers’ Compensation in Pennsylvania,” Kacey discussed the importance of working together with clients during the pre-litigation phase to properly manage COVID-19 claims and mitigate risk. He also discussed the compensability of such claims and the importance of choosing the right medical expert.
Raphael Duran (Philadelphia) was a guest speaker on WPHT Talk Radio along with JB Dilsheimer of Stampone O’Brien & Dilsheimer and Geoff Dlin of Krasno Krasno & Onwudinjo. Raph and his fellow panelists discussed litigation styles (such as when to be a bulldog, and when to be cooperative) and how it impacts workers’ compensation cases. Various claims were discussed involving subrogation, catastrophic and minor claims. The effectiveness of various litigation styles, in the speakers’ respective specialties, was also debated.
Ashley Eldridge (Philadelphia) is speaking at the “Personal Injury Potpourri” webinar on April 20, hosted by The Dispute Resolution Institute. The daylong event will feature discussion on various topics, including recent case analyses, COVID-19 and workers’ compensation, new disciplinary rule regarding referral fees, Common Pleas update and much more. For more information, click here.
Michele Punturi (Philadelphia) is speaking at the 2021 CLM Worker’s Compensation and Retail, Restaurant & Hospitality Conference to be held virtually on May 12-14. In “Changing the Employee Safety and Wellness Mindset to Reduce Workers’ Compensation Costs and Avoid Liability,” Michele is part of a panel discussion that will focus on changing the claims management mindset surrounding employee safety and wellness to drive down workers’ compensation costs and avoid liability exposure. Today’s litigious environment, particularly considering COVID-19, calls for an innovative approach that might include self-reporting programs and dedicated medical case management teams to help employers spot issues before they become costly claims. For more information, click here.
RESULTS*
Ashley Eldridge (Philadelphia) successfully defended a claim petition on behalf of a national communications carrier. The claimant was employed as a customer services representative who transitioned to a work-from-home position during the pandemic. While carrying computers into his house, the claimant fell, sustaining a patellar tendon tear, PCL tear, meniscus tears and bone contusions. Arguing that the injuries were work-related, the claimant presented evidence from several orthopedic surgeons. Ashley was able to demonstrate that the injuries were neither work-related nor sustained in the course and scope of his employment. The judge accepted the defense evidence as credible and denied the claim petition in its entirety.
Bob Fitzgerald and Jeremy Zacharias (Mount Laurel) were successful before Judge Bradley W. Henson, Sr., J.W.C., who rendered a decision in favor of Zurich North America. Maria Burgos v. 20 Horse Tavern involved a 2010 claim petition resulting from a knee injury sustained in a March 20, 2010, workplace accident. This claim was denied by Zurich as it did not provide workers’ compensation insurance coverage on the date of loss. Prior to the date of loss, 20 Horse Tavern retained a restaurant management company to handle all business-related issues for the restaurant, including obtaining workers’ compensation insurance coverage. However, based on certain representations made by 20 Horse Tavern regarding its business closure, the restaurant was not listed for coverage under the existing PMA Insurance’s workers’ compensation policy. When the restaurant management company obtained a renewal policy through Zurich, this policy did not include 20 Horse Tavern or its business address as a covered entity. Bob and Jeremy successfully argued that 20 Horse Tavern was never insured by Zurich since 20 Horse Tavern was taken off the workers’ compensation policy prior to Zurich ever taking over coverage.
Judd Woytek (Allentown) received a favorable decision denying and dismissing the claimant’s claim petition and granting our termination petition. The claim was accepted as medical-only for a low back strain. The claimant filed a claim petition seeking wage loss benefits after refusing a modified-duty job offer by the employer. Judd obtained an opinion of full recovery from our IME physician and filed a termination petition. The judge denied the claim petition and granted our termination petition, finding that the employer had made a good faith offer of employment within the claimant’s restrictions, which she refused to accept. Therefore, the claimant was not entitled to any wage loss benefits. The judge also found that the claimant fully recovered as of the date of our IME and terminated benefits completely as of that date.
Judd also received a favorable decision by the Department of Labor (DOL) denying a coal miner’s claim for benefits when the only evidence submitted by his widow was the death certificate listing severe chronic obstructive pulmonary disease (COPD) as the primary cause of death. The DOL claims examiner agreed with Judd’s position that the death certificate alone was insufficient evidence to sustain the claimant’s burden of proving that her husband had totally disabling coal workers’ pneumoconiosis during his lifetime. Benefits were denied.
*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.