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Michael J. McMaster

Portrait of Michael J. McMaster

Michael is a member of the Workers’ Compensation Department where he represents employers, insurance carriers, and third-party administrators in Pennsylvania.

Prior to joining Marshall Dennehey, Michael clerked for the Honorable Charles J. Cunningham III of the Pennsylvania Court of Common Pleas here in Philadelphia. During his clerkship, Michael assisted Judge Cunningham in ruling on pretrial motions, drafting opinions, and overall management of the courtroom.

Michael Graduated from Drexel University Kline School of Law in 2021. While attending law school, Michael had the opportunity to participate in the Federal Litigation and Appeals Clinic where he represented clients from Liberia, Angola, and Ghana seeking asylum due to the persecution they each faced in their native countries. Michael also participated in several pro bono projects including immigration related projects organized by the Brehon Law Society and HIAS, as well as expungement clinics organized by the Legal Aid Society of Southeastern Pennsylvania. 

When Michael is outside of work, he enjoys reading non-fiction, watching sports, listening to podcasts, photography, and hanging out with his dog Babe.

    • Drexel University Thomas R. Kline School of Law (J.D., 2021)
    • Rutgers, The State University of New Jersey (B.A., 2018)
    • Pennsylvania, 2021
    • Philadelphia Bar Association, Workers' Compensation Section
    • PA Workers’ Compensation Law: How to Produce the Best IME Reports, webinar, November 6, 2025
    • “Pennsylvania Supreme Court Overrules Specific Loss Precedent, Grants Benefits to Estate of Deceased Worker,” Defense Digest, 2025-09-01, Vol. 31, No. 3
    • "AI in Workers' Compensation: Are We There Yet?"The Legal Intelligencer, August 9, 2024
    • Successfully defended a Claim Petition involving a claimant that suffered a leg injury that later required an amputation. The claimant alleged both physical and severe psychological injuries. The claimant was the sole owner of the company, and when he purchased workers’ compensation insurance, he signed an acknowledgement that as the owner he would not be considered an “employee” under the Act. At the first hearing, we moved to bifurcate the matter for a decision on whether the claimant was covered under the Act. The workers’ compensation judge granted this motion. At the next hearing, we argued that the claimant was not an employee under the Act and, therefore, not entitled to receive any benefits, based on the insurance policy that claimant had previously agreed to not be considered an employee. The workers' compensation judge agreed and dismissed the petition.

Thought Leadership

Defense Digest

Pennsylvania Supreme Court Overrules Specific Loss Precedent, Grants Benefits to Estate of Deceased Worker

September 1, 2025

Key Points: Pennsylvania Supreme Court held that the estate of a claimant is entitled to the payment of specific loss benefits because the claimant died from a work-related injury. Section 410 of the Workers’ Compensation Act states that an estate is entitled to payment of benefits when a claimant dies before the final adjudication of a claim and when there are no dependents.  This decision affects the settlement analysis of claims that include a specific loss and has greatly increased the potential exposure of such cases where the liability for payment of the specific loss benefits does not extinguish with the death of the claimant due to the work-related injury.  The Pennsylvania Supreme Court has expanded the scope of recoverable workers’ compensation benefits by holding that specific loss benefits may survive a claimant’s work-related death and be payable to the estate when no dependents exist. In overruling longstanding precedent, the court clarified that Section 410 of the Workers’ Compensation Act provides a distinct pathway for such recovery, significantly impacting how catastrophic injury claims are valued and resolved. Facts In Steets v. Celebration Fireworks (WCAB), 335 A.3d 1076 (Pa. 2025), the claimant, Christina Steets, was working for Celebration Fireworks Inc., the employer, when she sustained a serious injury following a firework explosion. The employer accepted liability for the injury in a Notice of Compensation Payable and paid the claimant temporary total disability benefits. The accepted injury was described as the amputation of multiple body parts.  The claimant’s condition deteriorated, and she filed Claim and Review Petitions, seeking to add a number of additional injuries, including loss of use of both arms. The workers’ compensation judge granted the Review Petition and awarded specific loss benefits. Thus, the claimant would be entitled to 840 weeks of specific loss benefits following the expiration of her total disability benefits.  The employer appealed to the Workers’ Compensation Appeal Board, which affirmed the workers’ compensation judge’s decision. The employer then appealed to the Commonwealth Court, which ultimately affirmed the rulings below. During the pendency of the employer’s appeal to the Commonwealth Court, the claimant died from a complication of her work-related injury. Following her death, her estate filed Claim, Review, and Penalty Petitions, seeking payment of funeral expenses, specific loss benefits, and a penalty based upon the employer’s alleged failure to pay previously awarded specific loss benefits. The estate was comprised solely of the claimant’s non-dependent sister.  The workers’ compensation judge granted the petition for funeral expenses as the death was work-related. However, denied were the Review and Penalty Petitions regarding the payment of specific loss benefits. The Appeal Board affirmed the decision, and the estate appealed to the Commonwealth Court. The Commonwealth Court issued a split decision in which it affirmed the judge’s ruling that the specific loss benefits were not payable.  The estate appealed to the Pennsylvania Supreme Court. It requested that the court overrule Estate of Harris, 845 A.2d 239 (Pa. Cmwlth. 2004), where the Commonwealth Court had held that Section 306(g) of the Act was the exclusive means by which specific loss benefits survive the death of the worker.  Result There were essentially two distinct questions in the Estate of Steets case: (1) do specific loss benefits survive following the claimant’s death caused by the work-related injuries; and (2) if the specific loss benefits survive, can they be paid to the estate of the claimant? The Supreme Court held that the Act does not categorically bar recovery of specific loss benefits when a worker dies from their work-related injuries. In reaching this decision, the court focused on Sections 306, 307, and 410 of the Workers’ Compensation Act.  First, the court acknowledged that Sections 306 and 307 limit the survivability of specific loss benefits to situations where the claimant died from causes unrelated to the work injury.  However, the court stated that Section 410 provides a distinct form of relief when the claimant dies prior to the final adjudication of their claim from a work-related injury or cause. The plain language of Section 410 states that specific loss benefits may be paid to the estate of the claimant where there are no dependents to inherit. Therefore, the estate is entitled to the payment of the specific loss benefits.  This case explicitly overrules the holding in Estate of Harris and opens the door to a broader application of the specific loss provisions in the Act.  Impact Estate of Steets expands the ability of a claimant’s beneficiaries to receive specific loss benefits following the death of the claimant, regardless of whether the death was caused by the work-related injury or an unrelated cause. This will affect the value of specific loss cases moving forward and will alter settlement strategy and claim handling.  In the event of a serious injury with the potential for, or realization of, a specific loss benefit, it is no longer the case that the right to the specific loss would extinguish should the claimant die from the work-related injury. Instead, the specific loss benefit will have to be calculated and considered as a part of the case when discussing the potential outcome or settlement of the case.  While this decision represents a shift in workers’ compensation precedent in Pennsylvania, it certainly is not a “sky-is-falling” scenario. The Pennsylvania Supreme Court rested its decision primarily on Section 410 and the fact that the claimant died prior to the final adjudication of her claim. Therefore, this decision does not stand for the unequivocal statement that when a claimant dies from work-related injuries and is entitled to specific loss benefits, their estate is entitled to payment of specific loss benefits.  Mike is a member of the Workers’ Compensation Department and can be reached at (215) 575-2859 or MJMcMaster@mdwcg.com.    Defense Digest, Vol. 31, No. 3, September 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 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.

AI in Workers' Compensation: Are We There Yet?

August 9, 2024

Workers’ compensation is a field of law that is particularly suited to the application of artificial intelligence, especially in the processing and analyzing of data.

Firm Highlights

Thought Leadership

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.

Thought Leadership

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.

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

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.