What's Hot in Workers' Comp - News and Results*
NEWS
Rachel Ramsay-Lowe, a shareholder in our Roseland, New Jersey office, has been elected to be a member of the Executive Committee for the Workers’ Compensation Section of the New Jersey State Bar Association. She will serve a three-year term after being sworn in at the May meeting.
Kelly M. Scifres (Jacksonville, FL) will present a webinar on the “Five Hour-Law & Ethics CEU for Adjusters” on June 4, 2020, from Noon-5 p.m. Enrollment is free. Please email KMScifres@mdwcg.com to sign up. Space is limited to the first 100 entrants.
Michele Punturi (Philadelphia, PA) will be speaking at the 2020 CLM Workers’ Compensation and Retail, Restaurant & Hospitality Conference, which will be held in Chicago from June 15-17, 2020. In “Survivor — Workers’ Compensation Edition,” Michele joins an industry panel to discuss how employers can survive and thrive in the workers’ compensation claims management arena. For more information, visit https://www.theclm.org/Event/ShowEventDescription/12673.
RESULTS*
Ashley Eldridge (Philadelphia, PA) and Audrey Copeland (King of Prussia, PA) obtained a defense verdict on appeal of a claim petition to the Commonwealth Court. In this case, Ashley successfully defended a bifurcated claim petition by proving that the claimant was an independent contractor. Opposing counsel appealed, and the Workers’ Compensation Appeal Board reversed and remanded the decision for evidence on the medical component of the claim. However, contrary to the defendant’s argument, on remand, the judge granted the claim petition, finding she was “constrained” to reaffirm the Board on the independent contractor issue. The defendant once again appealed, and the Board re-affirmed the claim petition. Audrey and Ashley took the case up on appeal, and the Commonwealth Court agreed that the record did not demonstrate a “high level of control” such that an employment relationship has been established. The court agreed with the defendant’s position and reversed the order affirming the claim petition.
Michele R. Punturi (Philadelphia, PA) successfully prosecuted a termination petition for a well-known national delivery company involving a crush injury to the thumb and multiple surgeries. Michele secured an independent medical examination by a board-certified orthopedic surgeon, who has an added board certification in upper extremities. The defense medical expert conducted a comprehensive physical examination and reviewed all medical records and diagnostic study films. Based upon the defense medical expert’s opinions, the judge found the expert to be competent, credible, and persuasive and granted the termination petition. No appeal was filed, thus providing the employer and its carrier an avenue for significant Supersedeas Fund recovery for all medical and indemnity paid on or after the date the termination petition was filed.
*Prior Results Do Not Guarantee A Similar Outcome
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