.

Anthony Natale III

Chair, Medicare Compliance Practice

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Portrait of Anthony Natale III

Tony devotes his practice to Pennsylvania workers' compensation, unemployment compensation, municipal law (Heart and Lung Act), and federal Longshore and Harbor workers' compensation. He focuses on high-exposure, complex litigation including repetitive trauma claims, occupational disease and hearing loss claims, as well as chemical sensitivity claims. He also actively represents the National Hockey League and the National Basketball Association in regard to workers' compensation matters. In addition, Tony is the Chair of our Medicare Compliance Practice.

Tony has represented law firms, financial institutions, forging companies, steel mills, transportation companies, aeronautical/space manufacturers, universities and hospitals in various types of workers' compensation and unemployment compensation matters. He has handled multiple high-exposure workers' compensation chemical and toxic tort claims involving mass defendants, and he has had a high success rate in having clients dismissed from same.

Tony is the founder of Marshall Dennehey's in-house workers' compensation Continuing Legal Education program. He is also frequently called upon to speak to insurance companies and self-insured employers in the areas of workers' compensation and employment law.

    • Successfully argued that viewing the September 11 terrorist events and suffering a psychological condition did not rise to the degree of a work injury under Pennsylvania law.
    • Refined the interpretation of workers' compensation case law as it relates to the staute of limitations regarding death claims from medication abuse.
    • Successfully defeated and/or resolved at base value more than 400 high-exposure hearing loss cases in western and eastern Pennsylvania.
    • Successfully defended 50 late answer high-exposure claim petitions in eastern and middle Pennsylvania in 2007.
    • Successfully handled multiple heart attack and psychological claims.
    • Successfully handled multiple toxic tort (asbestos, silica) cases.
    • University of Pittsburgh School of Law (J.D., 1991)
    • University of Pennsylvania (B.A., 1988)
    • Pennsylvania, 1991
    • The Best Lawyers in America®, Workers’ Compensation Law – Employers (2025-2027)
    • Pennsylvania Super Lawyers (2026-2027)
    • Delaware County Bar Association
    • Average Weekly Wage, panelist, Pennsylvania Bar Association Workers' Compensation Fall Section Meeting, Hershey, PA, September 12, 2025
    • How to Deal With Difficult Litigants, Pennsylvania Bar Institute's Tough Problems in Workers' Compensation webinar, May 11, 2023
    • Workers' Compensation Case Law Update, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • Hot Topics in Workers' Comp and Litigation Trends, Philly I-Day, Philadelphia, PA, September 20, 2022
    • "Insurance Defense Attorneys Combat Workers' Compensation Fraud,"AM Best Insurance Law Podcast, August 31, 2022
    • What People Do For Money:  Identifying Claimant Fraud In Workers’ Compensation Cases, Marshall Dennehey Insurance Fraud 360 Seminar, Lafayette Hill, PA, June, 2022 
    • The Right Way to Avoid a Wrongful Termination Claim When the Employee Is Also a Workers’ Compensation Claimant, Marshall Dennehey webinar, March 3, 2022
    • Navigate the Medicare Maze: A Practical Guide to Understanding Medicare Set-Asides, Marshall Dennehey webinar, November 19, 2020
    • Decisions, Decisions: A Legal Update, Marshall Dennehey webinar, October 28, 2020
    • HR Webinar Series Part I: Workers' Compensation Basics, Pennsylvania Chamber of Business and Industry, February 13, 2020
    • Workers' Compensation and Medicare Legal Update, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019
    • Identifying Fraudulent Workers' Compensation Claims, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019
    • The Interplay Between Traumatic Brain Injuries and Fraud in Workers' Compensation, Pennsylvania Insurance Fraud Conference, Hershey, Pennsylvania, April 24, 2019
    • Influence of Pharmaceuticals and Changing Landscape in Workers' Comp Medical Costs, Philly I-Day, Philadelphia, Pennsylvania, April 9, 2019
    • Workers' Compensation Case Law Update; and Workers' Compensation Fraud, Marshall Dennehey Workers' Compensation Seminar, October 25, 2018
    • Workers' Compensation Fraud: Don't Forget the Data, Marshall Dennehey Insurance Fraud 360, June 13, 2018
    • Workers' Compensation Fraud: Don't Ignore the Data! 2018 Pennsylvania Insurance Fraud Conference, Pocono Manor, Pennsylvania, April 13, 2018
    • Workers' Compensation Fraud: Don't Forget the Data, Philly I-Day, Philadelphia, Pennsylvania, April 12, 2018
    • Biggest Mistakes Companies Make in Complying with Workers’ Compensation, Pennsylvania Chamber of Business and Industry Annual Human Resources Conference, Hershey, Pennsylvania, November 28, 2017
    • Workers' Compensation Legal Update, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • If You See Something, Say Something – Detecting Workers' Compensation Fraud, Pennsylvania’s 2017 Insurance Fraud Conference, Hershey, Pennsylvania, April 6, 2017
    • Case Law Update, Marshall Dennehey Workers' Compensation Seminars, October 19 and 27, 2016
    • Pennsylvania's Workers’ Compensation Law: Best Practices for Complying with Benefits, Understanding the Flow of a Workers’ Compensation Claim, and Tips to Prevent WC Fraud, PA Chamber of Business and Industry Workers' Compensation Summit, September 30, 2016
    • Check the Rulebook: Workers' Compensation Legal Update, Marshall Dennehey Workers' Compensation Seminar, October 22, 2015
    • Unemployment Compensation Roundtable, Pennsylvania Chamber of Commerce, June 2015
    • Tough Problems in Workers' Compensation 2015, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, April 13, 2015
    • UC/WC 101 Benefits Roundtable, Pennsylvania Chamber of Business and Industry, King of Prussia, Pennsylvania, March 19, 2015
    • PEO's effect on Guaranty Fund: Insurance Company Perspective, Fund Perspective and Counsel Perspective, NCIGF 2014 Fall Workshop, Philadelphia, Pennsylvania, October 22, 2014
    • Case Law and House Bill Update, Marshall Dennehey Workers' Compensation Seminar, October 30, 2014
    • Social Media and Workers’ Compensation, and Handling Unusual WC Situations, Pennsylvania Chamber of Business and Industry Workers' Compensation Summit, Hershey, Pennsylvania, October 1, 2014
    • Workers' Compensation Medical Fraud and Abuse, CEU Institute, June 25, 2014
    • Busted! Identifying, Proving And Prosecuting Workers' Compensation Fraud, National Workers' Compensation Insurance ExecuSummit, Uncasville, Connecticut, February 4-5, 2014
    • Understanding the Most Common Mistakes Made in Workers' Compensation, Pennsylvania Chamber of Business and Industry Annual Human Resources Conference, Hershey, Pennsylvania, December 3, 2013
    • Tri-State Workers' Compensation Legal Update, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013
    • FrankenFraud – The New Employee Monster, Marshall Dennehey Workers' Compensation Seminar, November 30, 2012 
    • Workers' Compensation 101 Roundtable, Pennsylvania Chamber of Business and Industry, Harrisburg, Pennsylvania, June 8, 2012
    • Unemployment Claims Fraud: Protect Your Organization from Bogus Jobless Claims, Center for Competitive Management, April 19, 2012 
    • Unemployment Compensation Roundtable, Pennsylvania Chamber of Business and Industry, Scranton, Pennsylvania, March 8, 2012; King of Prussia, Pennsylvania, March 16, 2012
    • The Interplay Between the Pennsylvania Heart and Lung Act and the Pennsylvania Workers' Compensation Act, AmeriHealth Casualty webinar, August 25, 2011
    • Top Ten Defenses to a Fee Review Action, Chubb Seminar, April 2011; discussion about the problems associated with provider fraud in fee review applications and a 10-point analysis on how to properly defend these cases
    • Workers' Compensation Primer, Drexel Seminar, March 2011; an analysis on how to defend workers' compensation actions in a university setting
    • Pennsylvania Claims Handling (monthly seminars in PA, NJ and DE), 2002-present
    • Defending Pennsylvania Claims, Boston, 2008
    • Prosecuting Fraud Under New Guides, Texas, 2006
    • Pennsylvania Workers' Compensation Law and Claims Handling, Michigan, 2001
    • Case Law Updates to various insurers on monthly basis, 1998-2000
    • Prosecuting Fraud, 1997
    • Pennsylvania Forms Seminar, 1997
    • Act 57 Amendments, 1996
    • How to Defend Hearing Loss Cases, 1994
    • ADA and Workers' Compensation Act, five Pennsylvania cities, 1992
    • "Compensating the Boys of Fall - College Sports May Soon Face the Ultimate Call: Player or Employee?"CLM Magazine, October 22, 2025 
    • "Beware of the Language Used in Your Settlement Agreements: Medicare is Watching,"The Legal Intelligencer, Workers' Compensation Supplement, October 10, 2023
    • "Why do Claimants Lie? Because They Can and Swift Prosecution is the Only Way to Deter It,"CLM Magazine, June 2023
    • "The State of Pay-For-Play: College Athletes as Employees and the Implications for Workers' Compensation," CLM Magazine, September 2021
    • "Pennsylvania Workers' Compensation Act and the Student-Athlete: The Ultimate Mismatch," Pennsylvania Lawyer, September/October 2019
    • "Suicide Squeeze: An Overview of Pa. Workers' Comp and the Pro Athlete," The Legal Intelligencer, Workers' Compensation Supplement, October 30, 2018
    • "If You See Something, Say Something - The Importance of Identifying and Reporting Workers' Compensation Fraud," CLM Magazine (page 10), August 2017
    • Pennsylvania Workers' Compensation Guide, Eighth Edition, Pennsylvania Chamber of Business and Industry, contributing author, 2016
    • "The Treating Physician: A Misnomer in Workers' Comp Litigation," Pennsylvania Law Weekly, August 25, 2015
    • Insurance Agency Risk Management: E & O Exposures By Line of Business, chapter on workers' compensation, 2014 edition
    • "Practical Ramifications of Supreme Court Determination Involving Latent Manifestation of Occupational Diseases Under the PA Workers' Compensation Act," CounterPoint, newsletter of the PA Defense Institute, April 2014.
    • "PEOs: A New Potential for Workers' Comp Fraud? A Close Look at Professional Employer Organizations," National Underwriter Property & Casualty, October 2013
    • "Fee Review Litigation: An Overview," Pennsylvania Self-Insurers' Association newsletter, May 2011
    • "Retirement Does Not Mean Retirement When You are Collecting Workers' Compensation Benefits," The Philadelphia Lawyer, Summer 2011
    • "Ding Dong Kachinski's Dead: Commonwealth Court Declines To Resuscitate," Defense Digest, Vol. 16, No. 3, September 2010
    • Articles in Defense Digest and the Pennsylvania Self-Insurer's Association's publications

Firm Highlights

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

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

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.