.

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 (2025-2026)
    • Pennsylvania Super Lawyers (2026)
    • Philadelphia Bar Association
    • Average Weekly Wage, panelist, Pennsylvania Bar Association Workers' Compensation Fall Section Meeting, September 12, Hershey, Pennsylvania
    • 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

Results

Thought Leadership

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.