.

Robert P. Schenk

Shareholder

RPSchenk@mdwcg.com

Portrait of Robert P. Schenk

Robert is the Managing Attorney for the Workers' Compensation Department in the firm's Philadelphia office. He has developed his practice exclusively in the area of workers' compensation litigation and has represented large, self-insured entities and third-party administrators in all manner of workers' compensation matters. While doing so, Robert has been awarded an AV® Preeminent™ rating by Martindale-Hubbell. He has also lectured before various organizations on topics related to workers' compensation.

Robert's interest in politics has overlapped with his work in the field of workers' compensation. He was appointed to the Administration's Committee promulgating the proposed rules to administer Act 57. On that committee, he helped draft the regulations which ultimately implemented the Act 57 amendments. Robert was also elected to the South Harrison Township (New Jersey) Committee in 2011 and continues to serve in this capacity. From 2007-2011, he served on the township's Planning and Zoning Board.

Prior to beginning his legal career, Robert served in the United States Marine Corps. He was decorated five times during his service and was honorably discharged in 1987. Following his military service, Robert graduated from Western Connecticut State University and went on to receive his juris doctor from Villanova School of Law.

An avid photographer, Robert is also a licensed commercial drone pilot. 

    • Villanova University Charles Widger School of Law (J.D., 1994)
    • Western Connecticut State University (B.A., 1991)
    • Pennsylvania, 1994
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America©, Workers' Compensation Law - Employers (2026)
    • Philadelphia Bar Association, Workers' Compensation Section
    • PA Workers’ Compensation Law: How to Produce the Best IME Reports, webinar, November 6, 2025
    • PA Workers' Comp Case Law Update, webinar, October 23, 2020 
    • The Meat and Potatoes of Affirmative Defenses, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • Course and Scope, Marshall Dennehey Workers' Compensation Seminar, October 27, 2016
    • Settlements and Subrogation, Marshall Dennehey Workers' Compensation Seminar, October 30, 2014
    • Dial "I" For IRE – An Overview of Impairment Rating Evaluations in Pennsylvania, Marshall Dennehey Workers' Compensation Seminar, Philadelphia, PA, November 30, 2012
    • Workers' Compensation Case Law Update, Marshall Dennehey, Philadelphia, Pennsylvania, May 2008 
    • W.C. Claims Handling Strategies, Providence Property and Casualty Co., Dallas, Texas, April 2008
    • Workers' Compensation Case Law Update, Marshall Dennehey, Philadelphia, Pennsylvania, September 2007
    • Basic PA Case Handling for Adjusters, Providence Property and Casualty Co., Dallas, Texas, November 2006
    • Litigating W.C. Construction Cases in PA, KHS&S Contractors, Cherry Hill, New Jersey, September 2006 
    • Current Issues in PA Workers' Compensation, Old Republic Ins. Co., Greensburg, Pennsylvania, September 2005
    • Effective Marketing Techniques for Partner and Associates, Marshall Dennehey, Philadelphia, Pennsylvania, August 2005
    • Workers' Compensation Case Law Update, Morris., CLE, Philadelphia, Pennsylvania, August 2005
    • Basic Claims Handling -PA Workers' Compensation Cases, CNA, Reading, Pennsylvania, October 2003
    • Handling Claims in PA, ACE/USA, ESIS, Wilmington, Delaware, July 2003 
    • Workers' Compensation Case Law Update, McLaughlin., CLE, Philadelphia, Pennsylvania, October 2002 
    • Current Case Law Update, PAWCCA, Bala Cynwyd, Pennsylvania, May 2002
    • Status of Vocational Rehabilitation in Light of Current Case Law, Concentra, King of Prussia, Pennsylvania, March 2002 
    • Successful File Management and Billing Guidelines, Marshall Dennehey, Philadelphia, Pennsylvania, April 2001
    • Avoiding Pitfalls Inherent to the Use of Bureau Forms, RSKCO, Bala Cynwyd, Pennsylvania, August 2000 
    • Proving Fraudulent Claims Under Act 57, Sumitomo Marine Management (USA), Inc., Warren, New Jersey, February 1998 
    • Practical Management of Cases under Act 57, PMA Insurance Company, King of Prussia, Pennsylvania, June 1997 
    • Large Firm v. Small Firm, Advantages for the New Associate's Consideration, PA Bar Association's Law School Practicum, Widener School of Law, Wilmington, Delaware, April 1995
    • "Attorney’s Fees for a Frivolous Appeal: An Old Cloak Gets a New Owner," Defense Digest, Vol. 21, No. 2, June 2015
    • "Killing Constituents: The Current Status of the Utilization Review Process," Defense Digest, Volume 18, No. 1, March 2012
    • "Losing Sight of Act 44 -Judicial Rollback of Legislative Medical Savings," Defense Digest, March 2008 
    • United States Marine Corp, 1983-1987 

Results

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Landscaper’s injury claims terminated.

We successfully handled a landscaper’s claim of a work-related low back injury. The claimant gave an inconsistent account of how his injury occurred, and when he gave notice. The defense presented five fact witnesses from the employer, two of whom testified the claimant never gave notice, and three of whom testified he told them he was going to fabricate this Workers’ Compensation injury because he wouldn’t be entitled to unemployment compensation benefits at the end of the season. Coincidentally, the testimony revealed the claimant did not receive unemployment compensation benefits. The IME physician found that the claimant fully recovered from any injury he sustained. The claimant subsequently had two surgeries, with $750,000 in medical bills (unadjusted). The judge found that the claimant sustained a low back sprain and then terminated him as of the date of the IME.

News

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Firm Highlights

Congratulations to our 2026 Florida Super Lawyers & Rising Stars: Elizabeth Ferguson, A.C. Nash, Taylor Naughton, Sophia Philor, Amara Rodriguez

News

Marshall Dennehey Announces 2026 Florida Super Lawyers & Florida Rising Stars

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

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

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.

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle

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

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.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Event

Florida Insurance Fraud Education Committee (FIFEC)

Sean and Alex will present, "Life Care Plans: From Low Impact to Policy Limits," focusing on the history and expanding use of life care plans in litigation and their ability to transform low impact injury claims to disproportionate high value claims. By focusing on the limitations of life care planners, Florida's tort-reform on medical damages, and the Daubert standard, extraordinary life care plans with inflated future medical care recommendations can be defended.