The Workers' Compensation Practice Group is devoted to the exclusive representation of employers, insurance carriers and third party administrators. While many of the attorneys in this group have a background in civil litigation, they all focus their practice solely on the defense of workers' compensation matters. Our attorneys are well versed in the intricacies of this nuanced practice, and due to their constant presence in the courts where they practice, they are well respected by the judges before whom they regularly appear and the attorneys against whom they compete.
Our attorneys are involved in all aspects of workers' compensation, from the infancy of a claim through practice in the appellate courts. We are vigorous litigators who also recognize that litigation is not always the primary focus of an employer's successful workers' compensation program. Significant monetary savings can be achieved through the effective management of workers' compensation plans and innovative return-to-work programs, and our attorneys are on the cutting edge of case law developments to assist in the design, implementation and continuation of such programs. We also provide risk management services and can help reduce costs by becoming involved during the pre-litigation phase. In addition, the work of the attorneys in the firm's highly regarded Appellate Advocacy and Post-Trial Practice Group includes front-line responsibility for conducting necessary legal research, writing required briefs, and preparing and presenting oral arguments in post-trial motions and appeals.
As workers' compensation has become increasingly sophisticated, we have expanded our scope of practice to support clients in areas that have become tangential to the workers' compensation practice.
Workers' Compensation Fraud
Fraud contributes significantly to the cost of doing business and negatively impacts employers, insurance carriers and third party administrators. We can facilitate the filing of a fraud claim through local government agencies and review all cases for civil remedies to help our clients recoup some of the monies expended due to fraudulent cases.
There is increased interplay between unemployment compensation and workers' compensation cases. We can assist our clients in assessing their need for counsel in unemployment cases and can also answer specific questions on how to handle unemployment cases.
Fee reviews have become an increasingly important component of workers' compensation cases in Pennsylvania. We have identified the problems associated with the fee review system and developed a practice in Pennsylvania where our attorneys are involved at the initiation of the fee review process and aggressively represent our clients' interests through the fee review hearings. Medical providers are able to use the fee review process to challenge the timeliness or amount of medical payments made by the employer/carrier. Since a provider's allegations are accepted at face value during the initial stages of the fee review process, many unjust initial determinations are issued. Attorneys in each of our Pennsylvania offices have extensive experience with the issues that arise during fee reviews and have a thorough understanding of CPT codes, appropriate levels of treatment, appropriate types of treatment and how to win these cases in an efficient and cost effective manner.
Federal Black Lung
Our attorneys defend claims filed by coal miners and their surviving spouses for benefits available under the Federal Black Lung Benefits Act. Clients benefit from our extensive experience litigating industrial pulmonary disease claims before the U.S. Department of Labor, Office of Administrative Law Judges, Benefits Review Board and the United States Court of Appeals for the Third Circuit. In addition to defending Black Lung claims, our attorneys leverage their knowledge and experience handling pulmonary disease litigation to defend workers' compensation claims in which a pulmonary exposure is alleged.
Hearing Loss Claims
Injuries resulting from exposure to hazardous occupational noise comprise one of the largest group of specific loss/permanency claims in the tri-state area. In addition to becoming more commonplace, these claims have also become more technologically complex. Each attorney assigned to hearing loss claims are familiar with the science behind acoustical trauma, including the inner workings of audiometric testing, leading to effective cross examination of key witnesses. Further, our attorneys seek to expose pre-existing, non-work related hearing loss and differentiate it from compensable loss. We are one of the leading defense firms in protecting successor-in-interest employers that are unexpectedly plagued with hearing loss claims stemming from employees’ hazardous noise exposure with previous employers. In Pennsylvania, we were pioneers in the effort to change the standard of monetary award in hearing loss cases from an all-encompassing specific loss award to that of a percentage award based on actual work-related hearing loss. Our attorneys are also well versed in the practical implications of a working hearing conservation program and the benefits such a program can have on an employer’s bottom line.
Our attorneys regularly advise and counsel clients in matters related to Medicare Set-Asides. Led by James Pocius, who was actively involved in the creation and refinement of the regulations, our group is well versed in the workings of the federal and state liability systems as well as the workers' compensation systems of various states. We can assist our clients with Medicare Set-Aside allocations for workers' compensation and liability cases, Medicare eligibility searches, Medicare submissions to the agency for approval, conditional payment searches and revisions of Medicare Set-Aside allocations.
5.0/5.0 by a Partner on 04/28/10
5.0/5.0 by a Sole Practitioner on 04/15/10
5.0/5.0 by a Partner on 05/03/12
5.0/5.0 by a Chief Legal Officer on 12/08/11
5.0/5.0 by a Of Counsel on 06/17/14
5.0/5.0 by a Member on 06/09/14
5.0/5.0 by a Senior Associate on 05/02/12
5.0/5.0 by a Managing Partner on 06/17/14
5.0/5.0 by a Partner on 05/29/12
5.0/5.0 by a Partner on 06/02/14
5.0/5.0 on 06/07/11
5.0/5.0 on 08/21/15
Jack Slimm defended my former company and I (Garden State Insurance) against an Errors and Omissions suit filed by one of our former clients. I never... Read more
Jack Slimm defended my former company and I (Garden State Insurance) against an Errors and Omissions suit filed by one of our former clients. I never have forgotten the outstanding work done for us by Mr. Slimm and his staff, I have had numerous attorneys on 3 continents work for me throughout my life and without any question, Jack is the best.
5.0/5.0 on 07/12/11
Anna is very responsive and always is on top of her case load. She knows her jurisdiction and the personalities involved very well. She is a great l... Read more
Anna is very responsive and always is on top of her case load. She knows her jurisdiction and the personalities involved very well. She is a great lawyer.
5.0/5.0 on 06/16/14
5.0/5.0 on 11/11/11
Mr. Banonis is a dedicated professional who will zealously represent his clients. He has demonstrated a responsiveness and sense of urgency concernin... Read more
Mr. Banonis is a dedicated professional who will zealously represent his clients. He has demonstrated a responsiveness and sense of urgency concerning client needs, along with a high work product quality and integrity level.
In surveys conducted by The National Law Journal and The Legal Intelligencer, our firm has been identified, both on a national and regional level, as one of the leading large law firms in the categories of minority hiring and advancement. We highly value our minority shareholders and associates. There are numerous instances of these men and women handling high-exposure and complex litigation, as well as playing vitally important roles in the management of our firm. As an example, our firm is managed via four practice departments that each include a practice department Director and Assistant Director. Minority attorneys make up 25% of the practice department managers at the firm. In addition, a minority attorney currently serves on our Board of Directors and another as the firm's Hiring Shareholder. While we are proud of the rich diversity already existing in our firm, we believe we can do even better and have been initiating additional steps to assure that our actions are commensurate with our expressed deep commitment in this area.
Minority attorneys at Marshall Dennehey Warner Coleman & Goggin are members of, and participate in, numerous minority organizations, including the National Bar Association (African-American attorneys), the National Asian Pacific American Bar Association, the National Hispanic Bar Association, the Barristers' Association of Philadelphia (membership primarily made up of African-American attorneys practicing in the Philadelphia region), the South Asian Bar Association of Philadelphia, the Asian American Bar Association of the Delaware Valley (membership is primarily made up of Asian American attorneys practicing in the Philadelphia region), the Hispanic Bar Association of Pennsylvania and the Tampa Bay Hispanic Bar Association. Additionally, minority attorneys serve on minority and diversity committees and subcommittees of various national and local professional organizations.
Marshall Dennehey recruits minority attorney candidates in a variety of ways. In the Philadelphia and Pittsburgh regions, our Hiring Shareholder has established relationships with career placement officers at each of the local law schools in those regions. Beginning in 2006, we utilized those relationships in order to identify and invite Philadelphia area minority students from each of the six, local law schools to an evening cocktail party that Marshall Dennehey co-sponsored with two other law firms. Invitations were sent to each of the students, various leaders of the Philadelphia Bar Association, and various judges who would be in attendance to show support for the diversity efforts of Marshall Dennehey and the two other participating firms. This placed us on the radar screen of many candidates who were simply not familiar with our firm and who, historically, had not sought employment with our firm. It resulted in a significant increase in the number and quality of minority candidates who have sought interviews with our firm. As a result, we have seen an increase in the number of minorities hired as law clerks or attorneys, in large measure, we believe, as a result of this event.
Our firm also participates in minority job fairs and targets the legal industry in Philadelphia, Pennsylvania, suburban Philadelphia and Wilmington, Delaware. In addition, as a matter of course, we seek to identify minority attorneys and law students interested in a career in litigation and invite them to apply to our firm.
We have also increased the scope of our minority recruiting efforts to encompass the additional states in which we maintain our offices.
Our firm has also implemented a mentoring system where our minority shareholders reach out to our younger minority associates to provide them with the support, counsel and encouragement that can make a very significant difference in their professional progression.