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Andrea Cicero Rock

Portrait of Andrea Cicero Rock

Andrea is a member of the Workers' Compensation Department and concentrates her practice in the defense of employers and self-insureds in all manner of workers' compensation matters. She represents employers in many industries, including retail services, banking, construction and manufacturing, in addition to assisted living facilities and religious organizations. 

In 1999, Andrea earned her Bachelor of Arts degree from American University. Following her time in Washington, Andrea returned to the Philadelphia area and received her juris doctor from Widener University School of Law in 2002. Andrea is licensed to practice in Pennsylvania, New Jersey and the U.S. District of New Jersey. 

    • Widener University Delaware Law School (J.D., 2002)
    • American University (B.A., 1999)
    • New Jersey, 2002
    • Pennsylvania, 2002
    • U.S. District Court District of New Jersey, 2002
    • The Best Lawyers in America©, Workers' Compensation Law - Employer (2027)
    • American Bar Association
    • Philadelphia Bar Association, Workers' Compensation Section Co-Chair (2017-2018) and Co-Chair Elect (2016); Marketing and Communications Committee member
    • Got Pain? How to Recognize and Assess Pain Including the Identification of Pain Generators in Work Injuries and Novel Treatment Options, Philadelphia Bar Association, Workers' Compensation Section webinar, May 17, 2024
    • Navigating the Medicare Maze in Workers’ Compensation, Philadelphia Bar Association Workers’ Comp Compliance Crusher 2023, webinar, August 18, 2023
    • Alternative Treatments in Chronic Pain Management: Ethically Treating Outside of Opioids – panelist, Philadelphia Bar Association, Philadelphia, PA, August 9, 2019
    • Opioids: Balancing Real Pain Needs vs. Addiction, Marshall Dennehey Workers' Compensation Seminar, October 25, 2018
    • Alternative Treatments in Chronic Pain Management: Treating Outside of Opioids, Philadephia Bar Association's Bench Bar 2018 Conference, Philadelphia, PA, October 13, 2018
    • Legal Remedies for Workers with Disabilities, Philadelphia Bar Association, Philadelphia, PA, June 9, 2017
    • Understanding Medical Records, Marshall Dennehey Workers' Compensation Seminar, October 27, 2016
    • Sidelined: Traumatic Brain Injuries, Marshall Dennehey Workers' Compensation Seminar, October 22, 2015
    • Social Media Update, Marshall Dennehey Workers' Compensation Seminar, October 30, 2014
    • Valley of the Dolls: Drugs, Drugs, Drugs, Marshall Dennehey Workers' Compensation Seminar, October 27, 2011
    • Catch Me If You Can: A Social Media Update, Marshall Dennehey Workers' Compensation Seminar, Philadelphia, PA, November 30, 2012
    • WLF Work/Life Panel Discussion presented by the Temple Women's Law Caucus and OUTLAW, Philadelphia, PA, April 12, 2012
    • “No Fixed Place of Work: An Exception for Your Workers’ Compensation Claim,” Defense Digest, Vol. 30, No. 4, December 2024
    • "When Filing a Petition Can Result in an Award of Attorney Fees," The Legal Intelligencer, October 6, 2022 
    • Contributing author, Philadelphia Bar Reporter, April 2017, June 2017
    • "Litigation: Deposing Adjusters Without a Basis," Pennsylvania Law Weekly, April 19, 2016
    • "The Disregarded Diagnosis--How to Litigate the Termination Petition Without an Unreasonable Contest," Defense Digest, Vol. 19, No. 4, December 2013, co-author
    • "Compelling Social Media Issues in Litigation," Defense Digest, Vol. 19, No. 1, March 2013, co-author
    • Successfully defeated a claim petition for an alleged work-related heart attack.
    • Defeated a claim petition for psychological injuries involving an employee who also had a discrimination matter pending in federal court. 
    • Defeated a review petition which alleged that the description of injury should be amended to include depression and post-traumatic stress disorder when the claimant had been out of work for a physical injury since 1989. 
    • Obtained successful decision in a funded employment case for a long-time 1992 cognitive dysfunction injury. Proved that a position created for claimant through a different employer, but for which the salary was going to be funded by the employer, was within claimant's restrictions as set by an independent medical evaluator. Able to discredit on cross examination claimant's long-time treating psychiatrist. The Workers' Compensation Judge granted our modification petition based on salary that claimant would have received had he accepted the position. 
    • Defeated a claim petition for benefits filed in Pennsylvania, despite the employer being headquartered there, persuading the judge that there weren't enough significant contacts to bring it into Pennsylvania jurisdiction.

Results

The Commonwealth Court Stands Firm on Employer Credit/Retroactivity

The Pennsylvania Commonwealth Court ruled in favor of our employer client, holding that it was error to “erase” the 500-week employer credit provided by Act 111 for partial disability benefits paid beginning in 2008, and that the claimant’s 2019 reinstatement to total disability status did not retroactively convert those prior partial disability benefits into total disability benefits.  The claimant’s work injury, a contusion to the low back, occurred in 2006. Based on the results of a 2008 IRE that assigned a zero percent impairment rating, the claimant’s benefits were modified from total to partial. The employer filed a Notice of Change of Workers’ Compensation Disability Status, which was not challenged by the claimant. Following the Supreme Court’s decision in Protz, however, the claimant filed a modification petition in 2018, seeking reinstatement of his total disability benefits. The petition was granted, and it was noted at the time that the claimant had not exhausted his 500 weeks of partial disability.  The employer filed a petition for modification, based on the results of a December 2019 IRE performed on the claimant, that was granted by the Workers’ Compensation Judge. The IRE was performed pursuant to Act 111. The parties cross-appealed, and the claimant took the position that Act 111 cannot be applied retroactively to injuries sustained prior to Act 111’s October 24, 2018, effective date and that Act 111 constituted an unlawful delegation of legislative authority. The employer cross-appealed the judge’s failure to award a 500-week credit and to suspend the claimant’s benefits.  Citing prior cases that consistently held that Act 111 applies retroactively with respect to a calculation of a claimant’s weeks of partial disability paid prior to the effective date of the Act, the claimant’s appeal was dismissed.  The employer prevailed on its cross-appeal and the Appeal Board’s order was reversed to the extent that it denied a credit for the previously paid weeks of partial disability.   

Defense limits liability to 14 months of benefits.

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.

Thought Leadership

Defense Digest

No Fixed Place of Work: An Exception for Your Workers’ Compensation Claim

December 1, 2024

Key Points: If an employee is furthering the business interests of the employer, even an injury sustained off the employer’s property can be considered compensable. The burden of proving that an injury was sustained in the course and scope of employment is very fact specific.  Cases where the claimant was injured off the employer’s property should only be accepted if convinced the claimant was in the course and scope of his employment. Determining whether an injured worker was within the scope and course of his employment at the time of an injury is often a difficult decision to make, as these cases are based on the specific set of facts involved. On August 9, 2024, the Pennsylvania Supreme Court agreed to review a Commonwealth Court decision which found there was no exception to the coming and going rule as it applied to the claimant when he was involved in a motor vehicle accident while driving home from work. While we wait for the Supreme Court’s final decision, it is worth reviewing the legal conclusions made by the Commonwealth Court. Injuries sustained during an employee’s commute are not compensable because the employee is neither on the employer’s premises nor engaged in the furtherance of the employer’s affairs. Peer v. Workmen’s Compensation Appeal Board (B & W Construction), 503 A.2d 1096, 1098 (Pa. Cmwlth. 1986). However, there are exceptions to this rule. An injury sustained during an employee’s commute to or from work can be compensable where any of the following apply:  the employment contract included transportation to and from work;  the employee had no fixed place of work;  the employee was on a special assignment for the employer; or  special circumstances are such that the employee was furthering the business of the employer.  Bensing v. Workers’ Compensation Appeal Board (James D. Morrissey, Inc.), 830 A.2d 1075, 1078 (Pa. Cmwlth. 2003) (quoting Bradshaw v. Workmen’s Compensation Appeal Board (Bell Hearing Aid Center), 641 A.2d 664, 666 (Pa. Cmwlth. 1994)). In Jorje Martinez v. Lewis Tree Service (WCAB), 310 A.3d 327 (Pa. Cmwlth. 2024), the Commonwealth Court affirmed the workers’ compensation judge’s decision denying the Claim Petition, finding the claimant’s injuries were sustained while commuting and, thus, were not compensable.  The claimant worked as a crew leader in the employer’s tree-trimming business. While driving home in his personal vehicle at the end of his workday, he was involved in a motor vehicle accident and sustained injuries. He filed a Claim Petition, asserting he was a traveling employee with no fixed place of business and that his injuries were compensable, despite not occurring on the employer’s premises.  The claimant explained, every morning he left his house, drove his personal vehicle to the yard where the employer’s trucks were parked, got into one of the work trucks, and then drove to various work sites. At the end of the day, he returned to the yard and picked up his personal vehicle for the drive home. He explained that the employer did not have a fixed and permanent yard since it changed several times per year, depending upon the circuit the company was working. The employer presented fact witness testimony to explain that it does not compensate employees for their commuting time or expenses, it does not own the yards where they are headquartered for any particular period, and on the day of the accident, the claimant was assigned the job of moving the employer’s trucks and equipment from one yard to a new yard.  The workers’ compensation judge denied the Claim Petition, concluding the claimant was not in the course and scope of employment. In that decision, the judge credited the testimony of the claimant and the employer’s fact witness, noting they were in agreement on every critical point of the analysis. The judge found that the facts placed the claimant outside of the course and scope of employment when the accident occurred because he was commuting from work.  The claimant appealed, and the Workers’ Compensation Appeal Board affirmed the judge’s decision. They found that the claimant’s evidence did not establish any of the exceptions to the coming and going rule. To the contrary, the claimant reported to work at a fixed location.  The claimant appealed to the Commonwealth Court, arguing that he established he was a traveling employee and was entitled to a presumption that he was in the course and scope of employment while driving home from work. The Commonwealth Court focused on the fact that the claimant’s evidence did not establish that he was a traveling employee without a fixed place of employment. Most importantly, the claimant was not furthering the business of his employer while commuting home in his own vehicle from the yard where he began his workday. The court found the claimant reported to the yard, where the truck and equipment needed to trim trees were stored. He then traveled to the location of the tree trimming job. He drove his personal vehicle, not the employer’s vehicle, to and from his home, and his workday started at the employer’s yard, not at his home. Further, the claimant was not reimbursed for travel expenses and did not store equipment at his home. The claimant had a fixed place of work, albeit one of short duration. Thus, a job that takes place in more than one location during a workday does not make one a traveling employee.  The claimant took a further appeal to the Pennsylvania Supreme Court, which is now awaiting a decision on the merits.  The ruling by the Commonwealth Court provides guidance to carriers that a thorough investigation must be undertaken when a claim is reported. Furthermore, since these cases are driven by the specific facts, it is often times the best practice to deny the claim and force the claimant to meet his burden of proving that the injury occurred in the course and scope of employment.  *Andrea, a member of our Workers’ Compensation Department, is a shareholder and works in our Philadelphia, Pennsylvania, office.    Defense Digest, Vol. 30, No. 4, December 2024, 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2024 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

When Filing a Petition Can Result in an Award of Attorney Fees

October 6, 2022

It is important to examine the portions of the Pennsylvania Workers’ Compensation Act (act) that influenced the court’s decision and what attorneys on both sides can do to protect their clients. It is also important to look at how the decision of the court could potentially be expanded.

Firm Highlights

Thought Leadership

On the Pulse… Profile of the Intellectual Property, Technology & Media Litigation Practice Group

The Intellectual Property, Technology & Media Practice provides comprehensive, end-to-end litigation and counseling services to national and global insurance carriers. We are committed to delivering a disciplined, cost-effective, and creative defense tailored to each client's needs. Our attorneys combine deep litigation experience with technical and scientific backgrounds, enabling us to understand our clients' technologies and effectively communicate complex concepts to adversaries, judges, and juries. We also assist clients with risk management, pre-suit dispute resolution strategies, and, when necessary, the litigation of claims and complaints in courts across all 50 states through trial. In addition, we work closely with our eDiscovery team to address complex issues involving electronically stored information, including data preservation, electronic discovery, computer imaging, and allegations of spoliation. These issues are often critical to the intellectual property and technology matters we handle every day, and our integrated approach helps clients navigate them efficiently and effectively. Our attorneys represent clients in patent infringement, copyright, trademark, and trade secret disputes in the state and federal courts in jurisdictions throughout the United States. Many of our clients also face highly technical professional liability claims involving computer systems, software, cybersecurity, data management, and other technology-related services. We take a proactive approach to managing risk and controlling exposure, working with clients and their insurers to develop effective pre-suit strategies and avoid litigation whenever possible through mediation, settlement conferences, and other alternative dispute resolution methods. When litigation cannot be avoided, we remain steadfast in serving our clients' legal and business objectives, recognizing the significant costs and operational burdens that complex litigation can impose. We work closely with insurance carriers to help protect our clients' brands, intellectual property, and business interests while delivering a thorough and cost-effective defense. We additionally maintain a strong Media Practice. Our attorneys have extensive experience handling First Amendment and media-related disputes, including claims involving defamation, libel, privacy rights, injunctions, gag orders, and prior restraints on speech. Clients benefit from our practical litigation strategies and thoughtful approach to managing matters that often attract significant public attention and scrutiny. With 19 offices throughout Pennsylvania, New Jersey, New York, Delaware, Florida, Ohio, and Connecticut, we maintain a strong presence across the East Coast. We serve as national counsel for insurance carriers and have handled matters throughout the United States, from Hawaii to Washington, and virtually every jurisdiction in between. Our national reputation ensures that our clients receive not just the best skilled legal representation but also practical business-minded guidance in determining the proper legal response to all claims and lawsuits. David chairs both the Privacy and Data Security Practice and the Intellectual Property, Technology and Media Litigation Practice. He may be reached at djshannon@mdwcg.com.

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. 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/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

On the Pulse…Other Notable Achievements

THOUGHT LEADERSHIP Dana Gittleman (Philadelphia) authored the article, “The Importance of Memorializing Settlement Terms," appearing in the PLUS Blog on April 27, 2026. In the article, Dana discusses a new Pennsylvania Superior Court decision that shows how overlooked or undocumented terms can unravel even routine negotiations, especially when parties have differing expectations or one side is unrepresented. Jordan Mazzoni (Scranton) authored the article, “The Best Defense is Already in the File Documentation in Civil Rights Litigation," published on PLUS Blog on July 27. The article discusses how documentation is an essential defense to public entity & civil rights litigation. SPEAKING ENGAGEMENTS ​John L. Slimm (Mount Laurel) moderated and presented on claims and defenses involving lawsuits against the plaintiffs' bar at the 2026 Legal Malpractice Update for the New Jersey Institute for Continuing Legal Education. The seminar offered practical strategies to prevent ethical grievances and legal malpractice, along with sharing expert insights on issues from electronic payments and fee splitting to the impact of AI. ​Heather Carbone (Jacksonville) was a panelist for a webinar hosted by The Workers’ Compensation Claims Professionals (WCCP) Association. As part of the “Meet the Experts” Series, the speakers addressed “Afterthoughts that Undermine a Successful Mediation,” highlighting the pitfalls and challenges of underprepared or unprepared mediation participants. A. Judd Woytek (King of Prussia) joined a panel at the CLM Alliance (Claims and Litigation Management Alliance) Work Comp Conference in Nashville to present "We See You How Employee Engagement Enhances Work Comp Outcomes." Judd and his fellow panelists discussed the positive impact of employee engagement on claim outcomes, return-to-work timelines, and overall claim costs. ​Joe Lesinski (Pittsburgh), Jim Cole (Philadelphia), Matt Flanagan (New York), and Adam Fogarty (Mt. Laurel) presented several continuing education (CE) programs to claims professionals for our client. The team hosted two one-hour panel discussions on “The Art of Mediation", attended by more than 80 claims professionals. In the afternoon Adam Fogarty and Joe Lesinski presented a CE program on “The Fundamentals of Premises Liability in New Jersey and Pennsylvania" while Matt Flanagan and Jim Cole led a presentation on “Trends in Claims" against attorneys and the evolving issues impacting the legal profession. ​Julia Klubenspies (Roseland) was invited to speak to the 2026 class of incoming resident physicians at The Valley Hospital on ways to reduce the risk of being named in litigation. ​Jon Cross (Philadelphia) and Sara Mazzolla (Roseland) spoke at the 5th Annual ideal3 Summit in Minneapolis on “Information Gathering for New Claims and Prevention of Spoliation." The program explored the ethical and legal obligations surrounding the collection and preservation of evidence once a claim is anticipated. Sara Mazzolla (Roseland) presented at the annual Roller Skating Association Conference on "The Pros and Cons of Waivers in Your Rink," sharing insights on the use of liability waivers as a risk management tool for skating rink operators and discussing considerations that may impact their effectiveness. James Hanratty and Erica Cagan (both of Jacksonville) presented at the Florida Defense Lawyers Association's Florida Liability Claims Conference. Their session, "Supporting the Next Generation: Connecting with Associates," explored communication best practices from the perspectives of both a senior shareholder and a newer associate. Lindsay McCormick (Tampa) was a panelist at the West Coast Casualty Construction Defect Seminar in Anaheim. Lindsay's session, "It May Not Be All Wrapped Up with Your OCIP/CCIP," examined key considerations surrounding Owner-Controlled and Contractor-Controlled Insurance Programs. Attendees gained insight into risk management strategies and coverage issues impacting construction defect litigation and related claims. Gary M. Samms (King of Prussia and Philadelphia) was a featured speaker at the American Legal Connections (ALC) 2026 Seventh Annual Healthcare Symposium in Atlanta, Georgia. Gary joined a panel discussion titled “The Modern Plaintiff Machine.” Designed for medical professional liability defense attorneys, claims professionals, underwriters, carriers, and health system risk executives, the symposium addressed some of the most pressing challenges in today’s healthcare litigation landscape. Josh Byrne (Philadelphia) was a featured panelist at the Philadelphia Bar Association CLE program, "Ethics & Legal Malpractice Avoidance." The program provided a comprehensive overview of strategies for avoiding legal malpractice, including ethical considerations, client communication best practices, and common pitfalls that can lead to malpractice claims. Casey Coyle (Harrisburg and Philadelphia) presented "Recent Civil Law Decisions and Civil Rule Updates" at the Pennsylvania Conference of State Trial Judges in Hershey. The session provided attendees with insights into recent developments in Pennsylvania civil law and examined updates to the rules governing civil practice, helping practitioners stay informed on significant changes affecting litigation and courtroom procedure. PUBLISHED WORKS Josh J.T. Byrne (Philadelphia) and Alesia S. Sulock (Philadelphia) authored the article, “Whither the Private Reprimand," published in The Legal Intelligencer on July 22, 2026. In the article, Josh and Alesia examine the notable absence of private reprimands issued by the Pennsylvania disciplinary authorities in 2025, discussing the important role that informal admonitions and private reprimands have historically played in addressing attorney misconduct and considering what this trend may signal for the future of attorney discipline in Pennsylvania. ​Blake Hood (Jacksonville) authored the article, “Fla. Workers' Comp Physician Dispensing Ruling Could Produce New Legislative Fight," published on August 5 in Insurance Journal . The article discusses Florida's First District Court of Appeal's decision in Publix Super Markets, Inc., et al. v. Department of Financial Services, et al., holding that while injured workers have an absolute right to choose their own pharmacy or pharmacist, that right does not extend to physicians who dispense medications directly to their patients. Kimberly Kanoff Berman and Seth Altman (Fort Lauderdale) authored the article, “A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims,” published on August 6 in the Daily Business Review. The article analyzes the Florida Supreme Court's decision in Trace Elements v. MacKensen and examines its implications for property insurance claims in Florida, particularly regarding the apportionment of damages in joint settlement proposals. RECOGNITION Tiere Phillips (Pittsburgh) was elected to the Allegheny County Bar Association’s Judicial Committee for a Diverse Seat. As one of only three attorneys elected to this role, Tiere will help ensure fairness and equality in representation during judicial evaluations and recommendations for election and reelection in Allegheny County. Steven A. Johnston (Roseland) received the “Pride of Essex County Award” at the 2026 Essex County LGBTQ+ Pride Celebration on June 17 at the Essex County Martin Luther King, Jr. Justice Building in Newark. Hosted in conjunction with the Essex County Office of LGBTQ+ Affairs and the Essex County Lesbian, Gay, Bisexual, Transgender and Questioning Advisory Board, Steven was recognized for his service to the community and his support of equality for members of the LGBTQ+ community. Jason Banonis (King of Prussia) was honored with the Pennsylvania Defense Institute’s 2026 Attorney of the Year Award at the organization’s annual conference.  A longtime leader and contributor to the organization, Jason was recognized for his dedication and service.

Thought Leadership

On the Pulse…Recent Appellate Victories

Kimberly Berman (Fort Lauderdale) and Sontho SaintGermain (Orlando) succeeded in obtaining an affirmance by the Second District Court of Appeal of a final judgment in a slip-and-fall premises liability matter on behalf of a business establishment and property owner. The plaintiff was a business invitee who sued the property owner for negligence after she fell while riding her electric bicycle through its landscaped parking lot. During discovery, the plaintiff claimed the fall occurred while she was traversing through a section “covered heavily in leaves” though she could not identify how she fell nor whether there were any objects or foreign substances causing her fall. The property owner moved for summary judgment, asserting the accumulation of leaves on the parking lot was an open and obvious, naturally occurring condition that could not constitute a dangerous condition to impose liability on a property owner. The court granted summary judgment in the property owner’s favor. After oral argument, the Second District Court affirmed per curiam the final judgment in the property owner’s favor. Carrie Collier v. Cars MTI-4 L.P. d/b/a Lazydays RV Resort, No. 2D2025-1980 (Fla. 2d DCA May 13, 2026). Kimberly House (Philadelphia) succeeded in obtaining a victory in the Superior Court of Pennsylvania that reversed the trial court’s decision and remanded the case for reinstatement of the jury verdict which was originally won by Gary Samms (King of Prussia/Philadelphia). (The underlying medical malpractice case involved claims seeking more than $5 million in damages for serious eye injuries including a detached retina and macular hole.) At trial, the jury returned a defense verdict finding that the defendant’s negligence was not a cause of the plaintiff’s injuries. The trial judge granted the plaintiff’s post-trial motions and ordered a new trial solely on the issue of damages. The Superior Court found that the trial court abused its discretion in finding that causation was not disputed and that the jury’s finding of no causation was against the weight of the evidence. Busanic v. Premier Orthopaedic & Sports Medicine Physical Therapy, 2026 Pa. Super. Unpub. LEXIS 1140 (Pa. Super. Apr. 28, 2026). Suzanne Tighe (Scranton/Philadelphia), Allison Krupp (Harrisburg)  and Christopher Woodward (Harrisburg) succeeded in obtaining an affirmance by the Superior Court of Pennsylvania of a non-jury trial decision in favor of an insurance company. Plaintiffs asserted claims under the Pennsylvania Bad Faith Statute, 42 Pa.C.S. § 8371, following a statutory arbitration award in excess of the available underinsured motorist (UIM) coverage. The trial court held the plaintiffs failed to prove bad faith in the handling of the UIM claim and entered judgment in favor of the insurer. The Superior Court rejected the plaintiffs’ contentions that the trial court misapplied the applicable bad faith law, set forth in Rancosky v. Washington Nat’l Ins. Co. 170 A.3d 364 (Pa. 2017), and affirmed the trial court. The Superior Court further held that plaintiffs’ waived their requests for judgment notwithstanding verdict (JNOV) and new trial by failing to properly preserve these issues at trial and in post-trial motions. Brown v. U.S. Auto. Ass’n, 2026 Pa. Super. Unpub. LEXIS 1393 (May 27, 2026). *Results do not guarantee a similar result.