What’s Hot in Workers’ Comp - News and Results*

NEWS

Shannon Fellin (Harrisburg, PA) and Daniel Deitrick (Pittsburgh, PA) were among 24 of our attorneys who are recognized in the 2021 Edition of The Best Lawyers in America®. 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/.

For the third time in eight years, Marshall Dennehey was selected as the top scorer in the Extra Large Company category of the Philadelphia Business Journal’s Best Places to Work program. The program recognizes the company's achievements in creating a positive work environment that attracts and retains employees through a combination of benefits, working conditions and company culture. Our firm has been recognized as a “Best Place to Work” every year since 2013, winning the extra large company category in 2019 and 2017.

RESULTS*

Judd Woytek (Allentown, PA) received a decision from the Benefits Review Board (BRB) affirming the denial of a claim for Federal Black Lung benefits. ​The claimant worked as a coal miner for approximately nine years in underground mining. The administrative law judge denied benefits, finding the claimant had failed to establish that he suffered from a totally disabling respiratory condition. The claimant appealed, and the denial of benefits was affirmed on appeal. The BRB dismissed the claimant's arguments that he had additional coal mine employment that would have entitled him to a presumption that his total disability was related to his coal mine employment. The BRB noted that the claimant failed to prove a total respiratory disability; therefore, the presumption would not apply irrespective of the number of years of coal mine employment that he proved.

Judd also successfully litigated a case where the claimant alleged he suffered a severely disabling cervical spine injury when he tripped and fell over a rake. He claimed that he did a gymnastic "round off" to try to catch himself and landed on his head. We argued that he was engaged in horseplay and had been attempting a back flip. Because the claimant was a sole proprietor, we argued several defenses including coverage, notice, and course and scope of employment. The judge found that the claimant had failed to provide notice of his alleged injury to the insurance carrier within 120 days of its occurrence and that, since the claimant was a sole proprietor, the notice provisions of the Act would require him to provide notice to the carrier within 120 days. The claimant did not report the injury to the carrier until over a year later. The claim petition was denied and dismissed.

*Prior Results Do Not Guarantee A Similar Outcome

_{What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin 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 © 2020 Marshall Dennehey Warner Coleman & Goggin, 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.}