What's Hot in Workers' Comp - News and Results*
NEWS
We are pleased to announce that Ryan A. Hauck, Esquire, has been elevated to shareholder in the Workers’ Compensation Department. Ryan joined our Pittsburgh office in 2016 and has significant experience litigating cases before judges throughout the Commonwealth of Pennsylvania and before the Workers’ Compensation Appeal Board. He works closely with clients to develop a creative risk management strategy focused on reducing workers’ compensation exposure in the most cost-effective manner possible. Please join us in congratulating Ryan!
Linda Wagner Farrell (Jacksonville, FL) was quoted in the AM Best BestWire article, “Florida OIR Orders Larger Workers’ Comp Rate Cut of 6.6%.” The article discusses how Florida Insurance Commissioner, David Altmaier, has ordered a larger decrease in workers’ compensation rates than recommended for 2021.
Mike Duffy’s (King of Prussia, PA) article “Is There a Doctor in the House? Telemedicine Has Its Benefits, But Not for Contested Workers’ Compensation Claims” was published in the November 2020 issue of CLM Magazine. You can read Mike’s article here: https://online.pubhtml5.com/adfn/wngy/#p=16.
Michele Punturi (Philadelphia, PA), Bob Fitzgerald (Mount Laurel, NJ), John Gonzales (Philadelphia, PA), Keri Morris-Johnston (Wilmington, DE) and Rachel Ramsay-Lowe (Roseland, NJ) presented a webinar “Workers’ Compensation Winter Roundup.” The discussion focused on hot topics at the intersection of workers’ compensation and employment law, including the impact of terminating an employee while on workers’ compensation, dealing with credits against workers’ compensation benefits, unemployment issues, and navigating the interplay between FMLA, ADA and workers’ compensation.
RESULTS*
Andrea Rock (Philadelphia, PA) successfully defended against a claim petition. The Workers’ Compensation Judge denied the claim petition, finding that the claimant was less credible than the two fact witnesses presented by Andrea regarding notice. In addition, the judge found that the claimant quit his employment for reasons not related to the alleged work injury. The judge also reasoned that our medical expert was much more qualified to testify regarding the alleged injuries than the claimant’s treating chiropractor, especially based on the inconsistencies between the medical records and history provided by the claimant.
Paul Tatlow (Wilmington, DE) successfully defended a termination petition after the claimant received temporary total disability for many years. The Board accepted the strong testimony of our medical expert over that of the treating physician and found that the claimant could perform sedentary work. The Board also found that Paul had established inconsistences in the claimant’s testimony and that she was not credible.
Mike Duffy (King of Prussia, PA) received a favorable decision in a case involving claim and penalty petitions. The claimant alleged cervical injuries requiring surgery. Our medical expert agreed that surgery was required but did not agree to a work injury based on the records obtained following the claimant’s deposition. Although the claimant testified he had never had prior injuries or treated for his neck prior to the injuries, Mike was able to obtain medical records showing treatment for the same complaints two weeks prior to the work injury. The judge denied the claim and penalty petitions.
*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 © 2021 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.