Mark Gallagher has extensive experience counseling employers and business entities in the defense of workers’ compensation and liability claims.
His matters include general casualty, premises, construction and sexual harassment claims. Mark is a veteran litigator who appears in state and federal courts in Pennsylvania. He is a founding member of Weber Gallagher.
Mark has achieved an "AV Preeminent" rating from his peers as reported by Martindale-Hubbell. They have also selected him as a "2013 Top Rated Lawyer in Construction Law." In 2011-2015, Mark was recognized by the publisher of the Pennsylvania edition of Super Lawyers magazine as being among the top 5 percent of practitioners in his practice specialty within the Commonwealth of Pennsylvania.
Settled a worker’s compensation and federal discrimination claims for a regional health care provider within authority involving two Emergency Medical Technicians.
In a contested property damage claim under an insurance policy, the plaintiff's demand was originally over $200,000 for alleged commercial personal property damages. The plaintiff alleged the loss occurred as a result of single wind storm, however, the evidence showed the building had been leaking for years due to lack of maintenance. After a three day trial, the jury came back with a defense verdict.
Obtained a favorable decision, denying an employee's Claim and Penalty Petitions. The employee filed a Claim Petition, alleging he sustained a lumbar spine injury while pulling trash cans. In support of his allegation, the employee presented his own testimony and that of his physician. The employee also filed a Penalty Petition, contending the employer misused a Notice of Workers' Compensation Denial because the claim should have been accepted. The employer focused on the fact that the employee did not report his injury for nearly a month. During that time, he continued to work his job without restrictions. The employer also presented the testimony of five witnesses, who confirmed that the employee never reported any work injury or manifested any signs of impairment or injury. The employer also presented evidence to show the employee authored a time-off request for back pain and told his supervisor he was receiving treatment for back pain, but never indicated the injury was work-related. Furthermore, the employer demonstrated the employee's motive for filing the Claim Petition, as the employee contemporaneously filed a discrimination claim with the Equal Employment Opportunity Commission. The Judge held the employee's testimony was illogical and contradicted the credible testimony of the employer's witnesses. For the same reasons, the Judge denied the Penalty Petition, as the employer relied on substantial competent evidence to defend the claim.
Professional & Community Involvement
Commissioner on the Upper Moreland Township Civil Service Commission where he has been the chair, co-chair and secretary
Legal representative of the Upper Moreland Township Historical Commission
Board of Trustees of Albright College in Reading, Pennsylvania
215.972.7900 ext. 7824