Weber Gallagher defends employers in Pennsylvania, Delaware, New York, and New Jersey in workers’ compensation matters in union and non-union settings. We also routinely recover subrogation liens, institute fraud prosecutions, prepare and file amicus briefs and assist with legislative lobbying. Chambers USA: America’s Leading Lawyers for Business recognized the firm’s Workers’ Compensation practice in Pennsylvania and New Jersey in 2019. Our clients include public and private employers, insurers, self-insured entities and third-party administrators, from small businesses to Fortune 100 companies. We appear before workers’ compensation judges and appellate panels, state courts and agencies, and at all federal court levels. Our work in the field includes:
- Counseling clients on managing risk and averting litigation
- Assisting with the design and implementation of return-to-work programs
- Helping coordinate workers’ compensation policies for multistate businesses
- Handling matters related to the Longshore and Harbor Workers’ Compensation Act, Merchant Marine Act (the Jones Act), and Mine Safety and Health Administration
Our Pennsylvania Workers’ Compensation Group attorneys have been closely following the Protz v WCAB (Derry Area School District) ruling and how it will affect employers. The unexpected decision by the Pennsylvania Commonwealth Court held that Impairment Rating Evaluations (IRE) are unconstitutional if they were performed using any edition of the AMA Guides of Permanent Impairment beyond the 4th Edition. Click here to review our detailed materials about this decision.
Secured a dismissal after a trial on a case that dated back to a 2003 injury. The injured worker was involved in a motor vehicle accident and ultimately underwent a cervical fusion. She initially received an award of permanency of 25% of partial total for the injury to her neck. Upon reopening the case our psychiatric expert found depression and anxiety in addition to the physical injuries. The award was increased to 31% of partial total. The petitioner applied for and received Social Security Disability finding her totally permanently disabled. The petitioner then filed a second application to review her award contending that she was totally and permanently disabled. Following a trial with testimony of the petitioner, her orthopedic and psychiatric experts as well as surveillance evidence and our orthopedic and psychiatric experts, the judge dismissed the case and found no change in her disability. The case closed with prejudice saving the client approximately $500,000.00 in future exposure.
Successfully defended against a Claim and Penalty Petition for a significant low back injury wherein the claimant underwent surgery during the litigation and before the IME. The Workers' Compensation Judge denied the Claim and Penalty Petitions outright finding the claimant not credible. The judge relied heavily on the inconsistencies noted during cross-examination of the claimant and believed the employer’s theory that this was an incident, not a disabling injury, which was supported by fact witness testimony. The judge also found the claimant’s expert not credible, noting the expert’s opinion was based upon an inaccurate understanding of the medical history. As a result, our client was not responsible for any wage loss benefits, medical bills including surgery, or litigation costs, resulting in savings of well over $150,000.00 in back-due benefits.
Secured a trial victory on behalf of a firm client and it’s insured in a case alleging severe injuries from a fall. Through investigation, we found that the claimant was working “under the table” for another construction company which raised Section 114(a) fraud. After the claimant’s testimony, the Judge ruled that, without the need to view the surveillance footage, the claimant conceded to violating Section 114(a)(1) for a material misrepresentation to receive workers’ compensation benefits. The claimant was given a permanent bar on receiving indemnity benefits and the matter was marked No Further Action, resulting is a major win for our client.
- 06.15.23Panelist, "Dual Jurisdiction - Best Practices for Managing Claims in New Jersey & Pennsylvania Workers' Compensation," IARP Conference
- 09.20.22Panelist, "Hot Topics in Workers’ Comp and Litigation Trends," Philly I-Day
- 06.13.22Panelist, "Case Law and Legislative Update," National Business Institute