James E. Pocius: Lawyer with Marshall Dennehey Warner Coleman & Goggin, P.C.

James E. Pocius

James E. Pocius is a shareholder with Marshall, Dennehey, Warner, Coleman & Goggin. He has developed extensive experience in the defense of workers' compensation matters and defense liability claims. However, he currently focuses his practice exclusively to the defense of workers' compensation claims and federal black lung claims.
Shareholder; Chair, Medicare Set-Aside Practice Group
Moosic,  PA  U.S.A.
Phone(570) 496-4601

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 5.0/5.0
AV® Preeminent

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Practice Areas

  • Medicare Set-Aside
  • Federal Black Lung
  • Workers' Compensation
 
Mailing AddressP.O. Box 3118, Scranton, PA, 18505-3118
 
University Pennsylvania State University, University Park, Pennsylvania, B.A., Political Science, 1974
 
Law SchoolDuquesne University School of Law, Pittsburgh, Pennsylvania, J.D., 1978 Student Rep. from Duquesne Law School to the American Bar Association, 1977
 
Admitted1978, Pennsylvania
 
Memberships 

Associations & Memberships
•American Bar Association
•Lackawanna County Bar Association
•Pennsylvania Bar Association
•Pennsylvania Defense Institute

 
Biography

Jim is the chair of the Medicare Set-Aside Practice Group. He acts as national Medicare counsel for several clients and has obtained more than 1,000 Medicare set-aside approvals. Most of Jim's practice concerns Medicare issues in both liability and workers' compensation cases. He negotiated the Medicare set-aside guidelines with Centers for Medicare and Medicaid Services and maintains a national Medicare practice.

Since joining Marshall Dennehey in 1992, when the firm assumed his practice in Scranton, Pennsylvania, Jim has developed extensive experience in the defense of workers' compensation matters and defense liability claims. He has litigated hundreds of workers' compensation cases in the state courts of Pennsylvania and has also litigated hundreds of federal black lung cases. Jim has provided counsel to clients regarding workers' compensation settlements, workers' compensation issues nationally and Medicare set-asides.

Jim serves as a legal advisor to LRP's National Workers' Compensation Program and is the editor-in-chief of the Pennsylvania Chamber of Commerce's Workers' Compensation Manual. He is a former vice chair of the Workers' Compensation Committee in the General Practice, Solo and Small Firm Section of the American Bar Association. Jim is a member of the Pennsylvania Defense Institute and was named a Pennsylvania Super Lawyer in 2006 and 2009 in the area of workers' compensation.

Jim has addressed many groups on a national basis with regard to workers' compensation matters. He has been published nationally in the Compleat Lawyer (the ABA publication) and in the Pennsylvania Bar Association's Quarterly with regard to the Heart and Lung Act and Pennsylvania Workers' Compensation Act in Pennsylvania. Jim has lectured for the Pennsylvania Bar Institute, National Business Institute, Lorman Business Institute and Pennsylvania Chamber of Commerce. He was an adjunct professor at Marywood College teaching workers' compensation in the ABA-approved paralegal program.

After receiving a Bachelor of Arts degree from Penn State University, Jim received his juris doctor from Duquesne University in 1978 . He served as a judicial law clerk to Common Pleas Judge James J. Walsh until 1979, the year in which he joined a defense firm in Scranton, Pennsylvania. Jim then had his own defense practice from 1987 until 1992 .

Jim is a board member for the St. Francis soup kitchen in Scranton, Pennsylvania.

Classes/Seminars Taught

Worker's Compensation and Medicare Update; Top 10 Mistakes Companies Make in Complying with Workers' Compensation, Pennsylvania Chamber of Business and Industry Workers' Compensation Summit, Hershey, Pennsylvania, October 1, 2014

Avoiding Medicare Disasters When Settling Your Cases, Marshall Dennehey Florida Claims Symposium - The Best Defense is a Good Offense, Orlando, FL, September 17, 2014

Medicare Secondary Payer Issues: Ask the Expert, National Workers' Compensation and Disability Conference & Expo, Las Vegas, Nevada, November 20, 2013

What You Need to Know About Medicare Set-Asides, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013

The Medicare Mystery and Your Settlements: Medicare Set-Aside Update, SEAK National Workers' Compensation and Occupational Medicine Conference, July 2013

Think Tank on Medicare Issues Related to Workers' Compensation, facilitator, National Workers' Compensation and Disability Conference & Expo, November 2012

MRIs and Knee Replacements: Two Easy Targets to Cut Medical Costs, National Workers' Compensation and Disability Conference & Expo, November 2012

Avoiding Settlement Disasters Regarding Medicare and Workers' Compensation and Liability Cases, Louisiana Bar Association, August 2011

Concerning Medicare Issues, Florida Workers' Compensation Conference, June 2011

Avoiding Settlement Disasters Regarding Medicare Issues, Kentucky Bar Association, June 2010

Update on Medicare Set-Asides 2010 and panel speaker for Discussion on New Medical Devices and Medications, PESI National Workers' Compensation Conference, February 2010

Workers' Compensation Boot Camp, Orthopedics Du Jour, and How to Cope with Constant Change, LRP National Workers' Compensation Conference, November 2009

Workers' Compensation Settlement Strategies, IRMI National Construction Conference, November 2009

•Medicare webinar, Risk & Insurance Magazine, April 2009

Experimental and New Medical Devices and How to Avoid MSA Disasters When Settling Workers' Compensation and Liability Cases, PESI National Workers' Compensation Conference, February 2009

Great Workers' Compensation Debate, How to Avoid 10 Costly Litigation Errors, and Medicare Set-Asides: Ask the Expert, LRP National Workers' Compensation Conference, November 2008

Coming and Going Rule - When is Worker Covered Under Workers' Compensation Statutes? and Update on Medicare Set-Asides, PESI National Workers' Compensation Conference, October 2008

Experts Debate Key Issues in Workers' Compensation, Settling the Catastrophic Workers' Compensation Claim, and Medicare and Workers' Compensation - Where Are we Now, LRP National Workers' Compensation Conference, November 2007

Complex Workers' Compensation Case Settlements, Pennsylvania Department of Labor Workers' Compensation Conference, May 2007

Medicare Set-Asides and Workers' Compensation, National RIMS Conference, April 2007

Case Law Developments - Top 20 Cases of the Year and Medicare's Interest in W.C. Settlements, PESI National Workers' Compensation Conference, April 2007

Medicare and Settlements in Workers' Compensation, Maryland Bar Association, 2007

Advantages of Coordinating the Defense of Workers' Compensation Cases and Unemployment Cases, PESI National Workers' Compensation Conference, February 2007

Settling the Difficult Workers' Compensation Claim, LRP National Workers' Compensation Conference, January 2007

Medicare Issues: Ask the Expert, LRP National Workers' Compensation Conference, 2006 -2011

Advantages of Coordinating the Defense of Workers' Compensation Cases and Unemployment Cases, LRP National Workers' Compensation Conference, November 2006

Medicare Issues and PA Law Update in Workers' Compensation, Pennsylvania Chamber of Commerce Workers' Compensation Seminar, 2006

National Workers' Compensation Issues, IRMI National Construction Conference, October 2006

Medicare Issues With Regard to Workers' Compensation, PESI National Workers' Compensation Conference and LRP National Workers' Compensation Conference, 2005

Medicare Set-Asides and Workers' Compensation, Central Ohio Self-Insureds Association, 2004

Medicare Set-Aside Update, National Council of Self-Insureds, 2004

Medicare Regulations and Their Effect on Workers' Compensation, National RIMS Conference, 2004

Medicare and Workers' Compensation, National Council of Self-Insureds, 2001

Twenty-Four Hour Coverage and National Trends in Workers' Compensation, CPCU Society, Grand Rapids, Michigan, 1997

•Speaker for the Lorman Business Institute regarding various problems and analysis in Pennsylvania workers' compensation, 1992 - 1997

Setoffs Under Act 57, Pennsylvania Bar Institute, September 1997

•Panel speaker regarding combined problems of workers' compensation, unemployment and Americans with Disabilities Act from the defense viewpoint, National Workers' Compensation and Disability Conference, November 1996

Repetitive Trauma in Workers' Compensation Cases, American Bar Association, 1996 and 1997

Analysis of Act 57 and Predictions for the Future, CPCU Society, Reading, Pennsylvania, 1996

The Holding by the Pennsylvania Supreme Court in the Randall v. Bethlehem Steel Case Affirming Termination, Pennsylvania Bar Institute, Fall Program, 1996

Attorney's Fees and Penalties Under the Pennsylvania Workers' Compensation Act, Pennsylvania Bar Institute, Fall Program, 1992

Past Employment Positions

•Marywood College, Scranton, associate professor, Legal Studies Program, 1987, 1989, 1991

•City of Scranton, Assistant Solicitor, 1988 -1989

•Worker's Compensation Guide, Pennsylvania Chamber of Business & Industry, co-editor-in-chief, 1997 -present

Honors & Awards
• AV Preeminent by LexisNexis Martindale-Hubbell
•Pennsylvania Super Lawyer, 2005 -2009
•PESI Dedication to Excellence and Continuing Professional Education Award, 2002
•Outstanding Author Award, Pennsylvania Chamber of Commerce, 1998

Year Joined Organization: 1992

Publications
On the March: Insurers Brace for Increased Costs Due to Returning United States Veterans
Defense Digest Article • June 1, 2014
By James E. Pocius, Esq.**Editor's Note: This article was previously published in the February 2014 issue of Best's Review magazine and is being reprinted with permission.Key Points:What Happened: The Department of...
Special Workers' Compensation Alert - New Mexico Appeals Court Affirms the Use of Medical Marijuana in a Workers' Compensation Case
What's Hot in Worker's Comp • May 22, 2014
On the March: Insurers Brace For Increased Costs Due To Returning United States Veterans
Articles • February 1, 2014
Amendments to Medicare Lien Legislation
Law Alerts • January 16, 2013
Anyone who has settled liability or workers' compensation claims in the past couple of years knows how difficult it can be to understand and comply with the Medicare secondary payer rules regarding the reimbursement of liens, as set forth in...
On the Pulse...Medicare Set Asides at Team Marshall Dennehey
Defense Digest Article • March 1, 2011
Medicare Law Practice GroupThe Medicare Set Aside Practice Group is centered in the Scranton, Pennsylvania, office of Marshall Dennehey Warner Coleman & Goggin and is chaired by James E. Pocius, with Ross A. Carrozza as vice-chairman. Both Jim..., Defense Digest, Vol. 17, No. 1, March 2011
Medicare, The Bull In The Settlement China Shop
Articles • April 1, 2009
Risk & Insurance, April 1, 2009
RICO Suit Affirmed in Michigan Workers' Compensation Case
Articles • March 1, 2009
Pennsylvania Self-Insurer's Association Workers' Compensation Newsletter, March 2009

Events
20th Annual Workers' Compensation and Disability Conference and Expo
Conference • Nov 9, 2011
James Pocius, Esquire, will be a presenter at the 20th Annual Workers' Compensation and Disability Conference and Expo in Las Vegas on November 9-11. There's no letup in the confusion and expense of complying with the Medicare...
Think Tank on Medicare Issues Related to Workers' Compensation
Conference • Nov 7, 2012
As part of the National Workers' Compensation and Disability Conference, this open forum offers a unique opportunity to discuss Medicare-related challenges and solutions with your peers. An advanced practicum for discussing issues, strategies,...
Medicare Secondary Payer Issues: Ask the Expert
Conference • Nov 20, 2013
The National Workers' Compensation and Disability Conference & Expo is the industry's leading training event, attracting thousands of workers' compensation and disability management professionals from across the nation each year...
Florida Claims Symposium - The Best Offense is a Good Defense
Seminar • Sep 17, 2014
*Complimentary breakfast begins at 8:00am and lunch will be provided.Join the attorneys of Marshall Dennehey for a comprehensive review of the latest legal trends in Medicare, Bad Faith, Social Media Discovery and more.....Topics include:...
Workers' Compensation Summit
Seminar • Oct 1, 2014
Three members of Marshall Dennehey's Workers' Compensation Department will be featured speakers at the Workers' Compensation Summit sponsored by the Pennsylvania Chamber of Business and Industry. The purpose of the Summit is to provide a...

 
Reported CasesSignificant Representative Matters: Successfully represented an employer defending a workers' compensation claim after a near fatal car accident. The plaintiff had severe brain damage. Jim was able to prove that the claimant was intoxicated at the time of the accident and received a verdict in favor of the employer; Represented an employer trucking firm with regard to a Medicare set-aside and was able to reduce the set-aside from $750,000 to $200,000.; Published Works: On The March: Insurers Brace For Increased Costs Due to Returning United States Veterans, Best's Review, February 2014 and Defense Digest, Vol. 20, No. 2, June 2014; Multiple articles published in Counterpoint, the official newsletter of the Pennsylvania Defense Institute, on behalf of Marshall Dennehey, concerning multiple workers' compensation issues; Medicare Set-Asides Go Skyward , Risk & Insurance magazine, 2006; The Odd Couple: Medicare and Workers' Compensation Settlements , Journal of Construction Accounting and Taxation, 2003; Commonwealth Court Continues to Define 'Incarceration' Under the Workers' Compensation Act, Counterpoint, January 2000; Commonwealth Court Changes The Rules On Medical Testimony In Pennsylvania, Workers' Compensation PSIA Newsletter, January 1999; Offsets Under Act 57, co-author; Pennsylvania Bar Institute, September 1997; Litigation in Workers' Compensation Claims, co-author; American Bar Association, Compleat Lawyer, July 1997; Defining the ADA, co-author; Pennsylvanian magazine, May 1997; Analysis of the Federal Coal Mine Safety Act, (Federal Black Lung), co-author; International Risk Management, 1996; Interaction Between the Pennsylvania Workers' Compensation Act and the Heart and Lung Act, Pennsylvania Bar Association Quarterly, July 1995; Attorney's Fees and Penalties, Pennsylvania Bar Institute, 1992
 
ISLN904389775
 


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Office Information

James E. Pocius

50 Glenmaura National Boulevard
MoosicPA 18507




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