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Kacey C. Wiedt

Assistant Director, Workers' Compensation Department

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Portrait of Kacey C. Wiedt

Kacey is the Assistant Director of the Workers' Compensation Department, where he assists in the oversight of 35 attorneys in nine offices. He also serves as the managing attorney of the Workers' Compensation Department in the Harrisburg office.

In addition to his various management responsibilities, Kacey focuses his practice on high-exposure and complex workers' compensation litigation, representing clients in the construction, oil and gas, grocery, hospitality, landscaping, transportation and poultry industries. Kacey also consults with workers' compensation carriers to provide advice and guidance on pre-litigated workers' compensation cases. He is also a frequent presenter on topics relating to workers' compensation for carriers and employers.

A graduate of Washington & Jefferson College, Kacey received a B.A. in Political Science and Business Administration. He subsequently received his juris doctor from Widener University School of Law.

    • Widener University Delaware Law School (J.D., 1996)
    • Washington & Jefferson College (B.A., 1992)
    • Pennsylvania, 1996
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America©, Workers’ Compensation Law – Employers (2024-2025)
    • Central Penn Business Journal's Power List For Law (2024)
    • Dauphin County Bar Association
    • Harrisburg Claims Association
    • Pennsylvania Bar Association
    • Where are We Now: How the Lorino and Neves Decisions Have Impacted the Defense of Workers’ Compensation Cases, County Commissioners Association of Pennsylvania (CCAP) Seminar, October 5, 2023
    • The Impact of COVID-19 on Workers' Compensation in Pennsylvania, Controlling Workers' Compensation Costs webinar, March 18, 2021
    • Understanding the Debate with the ADA, FMLA and Workers’ Compensation, Marshall Dennehey webinar, October 27, 2020
    • Tackling the Opioid Crisis: How Much Is Too Much?, Marshall Dennehey Workers' Compensation Seminar, October 24, 2019
    • Uninsured Employers Guaranty Fund, Pennsylvania Bar Institute's Tough Problems in Workers' Compensation Seminar, April 18, 2019 
    • Coverage Issues, Marshall Dennehey Workers' Compensation Seminar, October 18, 2018
    • In a Pickle: The Implications of Protz, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • How Employers, Insurers and Self-Insurers Can Save Money, SEAK National Workers’ Compensation and Occupational Medicine Conference, July 20, 2017
    • Best Practices to Avoid Common Workers' Compensation Mistakes, Lorman Education Services webinar, June 29, 2017
    • Overview of Pennsylvania Workers' Compensation, client seminar, June 16, 2017
    • Return to Work Strategies, client seminar, May 4, 2017
    • Workers' Compensation Jurisdictional Issues with Pennsylvania and New Jersey, client seminar, November 14, 2016
    • Understanding Medical Records, Marshall Dennehey Workers' Compensation Seminar, October 19, 2016
    • Back on the Job! Returning Injured Workers To Gainful Employment, Human Resource Professionals of Central Pennsylvania Fall Conference, October 27, 2015
    • An Overview of Pennsylvania Workers' Compensation, Nationwide Insurance Company, July 2015
    • Top Mistakes in Workers' Compensation, Susquehanna Human Resource Management Association, January 20, 2015
    • From Kachinski to Phoenixville Hospital: Proving Earning Capacity in the Modern Era, Marshall Dennehey Workers' Compensation Seminar, November 6, 2014
    • IMEs: How They Really Work, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013
    • "Did the Commonwealth Court Decide the Retroactive Effect of 'Protz'? Pennsylvania Law Weekly, October 12, 2017

Results

Successfully Denied Claim and Penalty Petitions Related to the Timing of the Alleged Injury

We successfully had the claimant’s claim and penalty petitions denied by proving the alleged injury occurred much later than claimed. The claimant, a technical operator responsible for shaping and packing cheese, alleged that he suffered a left shoulder tear with internal derangement, requiring surgery, as a result of using a long stick-like tool to dislodge cheese that had gotten stuck in a machine during the production process. The claimant asserted that he provided timely notice of his work-related injury to his supervisor; within a few days after the injury occurred. Through cross examination, the claimant admitted that he provided notice of his injury four or five months after the alleged injury occurred. Through employer witness testimony, we were also able to show that, while the claimant did leave early on the day of the alleged injury, the reason was because he was sick, and there was no written documentation to support notice being provided in a timely manner. Through medical expert testimony, we were also able to establish that the claimant’s injury likely occurred on a later date than the one alleged, based upon the medical evidence showing that the bicep did not show any signs of retraction 10 months after the alleged injury date. The workers’ compensation judge found the defendant’s expert testimony more credible than the claimant’s medical expert. The claimant’s claim petition seeking temporary total disability benefits and his penalty petition were denied, resulting in a successful outcome for the defendant.

Secured a Decision Denying a Claimant Wage Loss Benefits for an Accepted Work Injury

We secured a decision denying a claimant wage loss benefits for an accepted work injury. The claimant sustained a left wrist contusion and extensor carpi ulnaris (ECU) peri-tendonitis injury when a 50-pound lid crushed his left arm in the course and scope of his employment. The claimant alleged that as a result of the injury, he was unable to perform light-duty work as a system operator. Through medical evidence, we were able to establish that the claimant had medical issues unrelated to the accepted work injury that were the cause of his inability to work. The workers’ compensation judge found our expert testimony more credible than that of the claimant’s medical expert. Wage loss benefits were denied, resulting in a successful outcome for the defendant/employer.

Events

Firm Highlights

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.

Thought Leadership

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.