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.
Prevailed in a carrier versus carrier case where Review and Joinder Petitions were filed by the Claimant’s employer, a subcontractor, and its insurance carrier. The subcontractor sought reimbursement from, and a shifting of all or a pro-rata share of future liability to the general contractor and its insurance carrier pursuant to a “wrap-up” workers’ compensation insurance policy. Under the policy, the general contractor agreed to provide workers’ compensation benefits to employees of subcontractors, but only when injured on the project site. Any injuries occurring off the project site were to be covered by the subcontractor’s workers’ compensation policy. The case was complicated by the fact that both carriers utilized the same TPA, raising questions as to how coverage decisions were made. The subcontractor did not dispute that the Claimant’s injury occurred off-site, but argued there may have been other instances in which general contractor paid for an injury that occurred off-site, thereby precluding the general contractor’s denial of liability based on past practice. The subcontractor subpoenaed records from the general contractor, seeking a review of any and all claims paid. We objected to the subpoena as overly broad and unduly burdensome given the scale of the project at issue, and asserted that the subcontractor was estopped from denying liability based on the clear and unambiguous language of the underlying policies. The WCJ sustained our objection to the subpoena of general contractor’s file and denied the subcontractor’s Review and Joinder Petitions on the merits.
Successfully defeated a claim petition for psychological injuries. The Claimant, a third-shift cashier at a convenience store, alleged that she sustained PTSD and anxiety following two armed robberies. While the medical experts in the case acknowledged that Claimant had evidence of work-related PTSD, the WCJ found that Claimant failed to provide timely and adequate notice of the work injury, and so denied the Claim Petition. Claimant appealed and the WCAB affirmed the WCJ’s Decision.
Successfully defended a claim before the Appellate Division on a question of insurance coverage and whether the policy was in effect at the time of injury. The policy at issue was provided to a subcontractor hired by our insured. The claim was initially filed in Pennsylvania where the injured worker lived, and his employer was located. Based on Pennsylvania law, it appeared that the carrier canceled the workers' compensation insurance coverage for non-payment. The injured worker then chose to pursue his claim in New Jersey, where the injury occurred. He also received medical treatment in New Jersey totaling over $1.3 million for an extended hospital stay due to his severe burns. The insurance carrier for the subcontractor attempted to argue that there was no coverage in place in New Jersey at the time of the accident as the insurance carrier did not operate nor write policies in New Jersey. The insurance carrier claimed cancellation of the Pennsylvania policy was transferable to New Jersey and, therefore, there was no need to show proper cancellation in New Jersey. However, the insurance carrier did not deny that New Jersey was not excluded under the policy. After briefs were submitted, and without oral argument, the Appellate Division denied the Motion for Leave to Appeal and dismissed the Notice of Motion for Appeal.
- 04.15.21Speaker, "Workers' Compensation Bench and Bar Best Practices"
- 03.02.21Speaker, "The COVID-19 Vaccine: Implications for Employers and Workers’ Compensation Claims Webinar", Central Jersey Claims Association
- 02.18.21Presenter, "The COVID-19 Vaccine: Implications for Employers and Workers’ Compensation Claims"