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With more than 25 years of legal experience, Judd has secured successful results for clients in Northampton, Lehigh, Berks, Schuylkill, Monroe and Carbon counties including school districts, intermediate units, nursing homes, assisted living facilities, large retailers, manufacturers, construction companies, and various other employers. He has also defended coal mine operations throughout the eastern part of Pennsylvania in Federal Black Lung claims. A native of Allentown, Judd has spent his legal career defending clients in the Lehigh Valley region against workers' compensation claims.

Judd has significant experience litigating cases before Workers’ Compensation Judges throughout the Commonwealth of Pennsylvania and before the Workers’ Compensation Appeal Board. He has successfully defeated numerous claim petitions by presenting medical and factual evidence showing that the claimants did not sustain work-related injuries and/or corresponding disabilities. Judd utilizes innovative legal strategies and develops unique solutions to help clients achieve their litigation goals. He places a high value on communication and works closely with each client from case inception to completion.

Judd is also skilled in counseling clients on effective management of workers' compensation plans and development and implementation of innovative return-to-work programs. He also provides risk management services, which can help reduce litigation costs.

In 2026, Judd was inducted into the College of Workers' Compensation Lawyers, joining a select group of attorneys from across the country who have distinguished themselves in the practice of workers' compensation law.

Judd is a graduate of Ursinus College in Collegeville, Pennsylvania. He received his juris doctor in from Widener University School of Law in Wilmington, Delaware, graduating cum laude. He is admitted to practice in Pennsylvania and before the United States Court of Appeals for the Third Circuit.

    • Widener University Delaware Law School (J.D., cum laude, 1995)
    • Ursinus College (B.A., 1992)
    • Pennsylvania, 1995
    • U.S. Court of Appeals 3rd Circuit
    • The Best Lawyers in America®, Workers’ Compensation Law - Employers (2025-2026)
    • Top Lawyers of the Lehigh Valley, Workers' Compensation (2025)
    • Bar Association of Lehigh County, Workers' Compensation Committee
    • Claims & Litigation Management Alliance
    • College of Workers' Compensation Lawyers
    • Pennsylvania Bar Association
    • We See You: How Employee Engagement Enhances Work Comp Outcomes, CLM Work Comp Conference, Nashville, TN, May 20, 2026
    • A State-By-State Guide to Avoiding Attorneys' Fees and Sanctions, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • Civil Litigation Updates in COVID-19 Litigation – Where Do We Stand One Year Later?, Marshall Dennehey Webinar, May 2021
    • IREs and WC Case Law Update, client webinar, May 19, 2021
    • Are You Coming or Going – Do You Know Your Course and Scope?, Marshall Dennehey webinar, October 26, 2020
    • Mitigating the Risk of Workplace Bullying, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019
    • Return to Work: Perfecting Job Offers and the Revival of the Labor Market Survey, Marshall Dennehey Workers' Compensation Seminar, October 18 and 25, 2018
    • Ingredients for Successfully Defending Claims for Work Injuries at Home, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • Course and Scope, Marshall Dennehey Workers' Compensation Seminars, October 19 and 27, 2016
    • Cover Your Bases: A WCAIS Update, Marshall Dennehey Workers' Compensation Seminar, October 22, 2015
    • The Basics of WCAIS, client seminar, Parsippany, New Jersey, November 21, 2014
    • Social Media Update, Marshall Dennehey Workers' Compensation Seminar, November 6, 2014
    • Workers' Compensation: What's the Best Case, The Seltzer Group Workers' Compensation Seminar, Bethlehem, Pennsylvania, December 6, 2012
    • How To Control Your Claim, The Seltzer Group Workers' Compensation Seminar, Bethlehem, Pennsylvania, December 7, 2011
    • Workers' Compensation Hearings: Techniques & Strategies for Success, National Business Institute, Allentown, Pennsylvania, October 22, 2008 
    • Advanced Workers' Compensation in Pennsylvania, National Business Institute, Allentown, Pennsylvania, 2003, 2004 (speaker and course planner) 
    • Pennsylvania Workers' Compensation Law Seminar, Top 20 Cases of 2001 & 2002, Professional Education Systems Institute, Pittsburgh, 2002 
    • Workers' Compensation Update Lecture, Institute of Management Accountants, Lehigh Valley Chapter, Holiday Inn Bethlehem, 1998 
    • "Goodbye 'Yellow Freight' Road?," The Legal Intelligencer, November 15, 2024
    • “Protz – One Year Later,” Defense Digest, Vol. 24, No. 2, June 2018
    • "It "Payes" to Be Abnormal - Is The Law Really Changing for Mental/Mental Claims in PA Workers’ Comp?," Defense Digest, Vol. 20, No. 3, September 2014
    • "That 70's Show: Obamacare Takes Federal Black Lung Claims Back in Time," Carrier Management, December 2013 and Defense Digest, Vol. 20, No. 1, March 2014
    • Successfully defended against a Petition for Joinder of Additional Defendant that sought to place liability on our client as a statutory employer under the Act.  The judge found that the original defendants had failed to join the proper party, had failed to prove that our client was a statutory employer, and had failed to prove facts sufficient to pierce the corporate veil. Our client was dismissed from the claim.
    • Defeated a claim where the claimant was alleging that his degenerative disc disease in his cervical and lumbar spine was caused by his years of employment as a lineman for a cable services company. 
    • Prevailed in several cases for a meat packing company by proving that the claimants' alleged repetitive stress injuries to the upper extremities (shoulder injuries, carpal tunnel, etc.) were not caused by their employment. 
    • Successfully defended numerous federal black lung claims filed by miners, even when the miner was able to prove an extensive coal mine employment history and significant exposure to coal dust, and widows' claims when the miners had been awarded lifetime benefits, but the widows were unable to prove that coal workers' pneumoconiosis caused or significantly contributed to the miners' death.
    • Successfully defended a claim in which claimant was seriously injured in an automobile accident on her way to work by convincing the judge and Appeal Board that the facts of the case did not meet the criteria for exclusion from the coming and going rule. 
    • Successfully defended multiple claims where claimant was working under restrictions but was fired by the employer. Successfully argued to several Workers' Compensation Judges that the claimant was fired for cause and for reasons unrelated to the work injury and that benefits should not be awarded or reinstated.

Results

Successfully Represented an Insurance Company in a Workers’ Compensation Appellate Matter

We successfully represented an insurance company before the Commonwealth Court of Pennsylvania. The court agreed with our argument that the claimant needed to provide notice of his work-related injury to the defendant insurance company within 120 days of the occurrence of the injury due to his combined status as sole proprietor/owner and also the employee in this matter. The judges distinguished the facts of the case due to the fact that the claimant was a sole proprietor, owner and the only employee of his own business. The court agreed that allowing the claimant to pursue a claim, by claiming that he provided notice to himself immediately when the accident occurred, but did not bother to report the injury to the insurance company for over a year thereafter, would result in an absurdity and put the insurance company at a disadvantage in the investigation of the claim. The court also noted that the definition of “employer” in certain portions of the Act includes not only the actual employer as a business itself, but also the employer’s duly authorized agent or its insurer, if such insurer has assumed the employer’s liability. Since the claimant failed to provide notice to the insurance company within 120 days of his injury, the court held that the Claim Petition was barred. The Claim Petition was dismissed, and the claimant was not entitled to any benefits at all.

Establishing Failure to Well-Plead Secures a Win for the Defense

In our successful appeal to the Commonwealth Court, the workers’ compensation judge had awarded a closed period of benefits and then terminated all benefits, despite the employer’s late answer. The judge found that the description of injury was not well-pled and, therefore, not deemed admitted. The Appeal Board reversed the judge on the full termination of benefits, saying that, since our IME physician did not acknowledge a work-related psychiatric injury, his testimony was in conflict with the admitted injury due to the late answer. They reversed the judge and ordered reinstatement of temporary total disability benefits. The Commonwealth Court found in our favor and reversed. The court held that the judge was correct that the injury was not well-pled and that we were not deemed to have admitted a psychiatric injury. Therefore, they reinstated the judge’s decision which terminated benefits.

Thought Leadership

What's Hot in Workers' Comp

Pennsylvania Bureau of Workers' Compensation Payment Authorization Form

January 14, 2025

On October 29, 2024, Pennsylvania Governor Josh Shapiro signed into law Senate Bill 1232, which amended the Pennsylvania Workers’ Compensation Act to require that employers and insurers offer claimants the option to receive their workers’ compensation wage loss payments by direct deposit. The Direct Deposit law took effect December 28, 2024. Pursuant to the law, direct deposit must be offered to all claimants as an option for payment of indemnity benefits on or before December 28, 2025.  Employers and carriers can start offering direct deposit immediately. The Bureau recently issued a form (LIBC-215) that employers and carriers can send to claimants to authorize direct deposit. A copy of the form can be found at this link:  Payment Authorization Form LIBC-215  Please note that claimants are not required to use direct deposit, but the law requires that it be offered as an option. Please contact any of our Pennsylvania Workers’ Compensation attorneys if you have any questions regarding this new requirement.    What’s Hot in Workers’ Comp – Special PA Alert – January 14, 2025, 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. 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 © 2025 Marshall Dennehey, 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.

Goodbye ‘Yellow Freight’ Road?

November 15, 2024

Pursuant to Yellow Freight System v. Workers’ Compensation Appeals Board (Madara), 423 A.2d 1125 (Pa. Cmwlth. 1981), an employer’s answer to a claim petition that is filed more than 20 days after the assignment of the claim petition to a workers’ compensation judge (WCJ) is deemed to be a “late answer” and the employer is deemed to have admitted all well pleaded facts alleged in the claim petition. While not a complete default judgment, the granting of a Yellow Freight motion by a WCJ will often mean that a claim is found compensable and benefits are payable with the burden of proof shifting to the employer to prove that benefits should be modified, suspended or terminated.

Events

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.