Workers' Compensation

The workers' compensation practice at Marcus & Shapira has always been involved in, and continues to remain up to date with, the multitude of issues that arise in the defense and resolution of workers' compensation claims in Pennsylvania and Ohio.

As a result of the 1993 amendments (Act 44) and the 1996 amendments (Act 57) to the Pennsylvania Workers' Compensation Act, employers have been afforded many tools which Marcus & Shapira has utilized to trim the expenses of on-going claims. These provisions include:

  • Utilization Reviews of medical and chiropractic expenses to avoid unreasonable and unnecessary costs;
  • The Compromise and Release Agreement which enables employers to negotiate and resolve hotly contested claims without admitting liability or remaining liable for ongoing medical expenses. The Compromise and Release Agreement is also a useful tool in resolving long-standing, acknowledged claims where the parties can agree on terms for a resolution of such claims;
  • Utilizing unemployment, pension and/or social security payments as offsets to the payment of workers' compensation wage loss benefits.

Marcus & Shapira LLP has been at the forefront in implementing, on behalf of our clients, the benefits of the most recent amendments to the Pennsylvania Workers' Compensation Act and has been among the first to litigate some of these novel issues.

In Ohio, Marcus & Shapira aggressively represents its clients before the Industrial Commission and State Trial and Appellate Courts in all aspects of workers' compensation law. Counseling in all aspects of disability programs including ADA, FMLA and attendance issues as they relate to workers' compensation benefits, is provided as part of the representation of employers in Ohio.

The hallmarks of Marcus & Shapira LLP have always been its attention to detail at every phase of litigation, and its broad and varied practice. These strengths have resulted in an acute awareness of the strategies for defending workers' compensation matters as well as the confidence to utilize new and alternative theories and defenses on behalf of its clients.

The latter is crucial in an area of law which is developing and changing on a continuing basis as a result of new decisions by the Commonwealth Court and the Supreme Court of Pennsylvania interpreting the Pennsylvania Workers' Compensation Act and its amendments.

Our workers' compensation attorneys are available to assist with current disputes or to offer seminars to help reduce the potential for workers' compensation issues. Please feel free to contact us for any additional information you require.

Areas of Practice

Published Opinions

Some of the reported decisions involving the firm's workers' compensation group include: