Tim is a certified specialist by the Pennsylvania Bar Association Section of Workers’ Compensation Law authorized by the Pennsylvania Supreme Court. He has extensive experience litigating work injury cases and has been defending casualty litigation claims in Pennsylvania and New Jersey since 1991.
Tim counsels clients on compliance with workers’ compensation and related federal and state disability laws. Additionally, he has tried to verdict more than 200 workers’ compensation matters, successfully settled hundreds of cases and presented oral argument and written briefs before the Pennsylvania appellate courts. Tim’s practice includes counseling employers and insurers on cross-state workers’ compensation disputes and multi-jurisdictional matters.
Tim’s wide-ranging experience includes handling casualty claims as a claims adjuster, as an arbitrator in civil matters with the Philadelphia Court of Common Plea, as counsel in large insurance defense firms, and experience in third party personal injury litigation. While a student at Capital University Law School, Tim clerked for the Industrial Commission of Ohio where he evaluated workers’ compensation claims under that state’s compensation scheme.
- Defended Claim Petition and limited an award on compensation benefits to a worker who sustained a work injury in New Jersey and requested his claim be removed to a Pennsylvania court seeking and dual jurisdiction. In finding, the judge lengthened the injured workers’ period of employment, including periods of layoff, establishing a continuous employment relationship in Pennsylvania that resulted in finding a substantially lower weekly wage and further granted the employer a credit of over $40,000 paid in New Jersey after the injured worker forfeited his right to obtain a permanency award in New Jersey that would have been far greater than wage benefits in Pennsylvania.
Janson v. W.C.A.B. (EM Force, Inc.), 49 A.3d 458 (Pa. Commw. 2012), app. den. 54 A.3d 351 (Pa. 2012)
- Successfully argued that an employer’s failure to file a timely answer to a claimant’s petition for benefits was not equivalent to a default judgment rather, an employer could still present rebuttal evidence to any element of the claim that was not well pled, including the continuation of disability. Prior to the decision, the courts had interpreted a late answer as equivalent to a default and required an employer to accept liability and prove an injured workers’ full recovery for work availability in a compensation system that essentially provides for only wage loss benefits.
Heraeus Electro Nite Company v. W.C.A.B., (Ulrich), 697 A.2d 603 (Pa. Commw. 1997)
- Successfully argued case on behalf of client involving the claim of an injured worker issue and whether a decision by the Philadelphia Civil Service Commission precluded a worker from bringing a workers’ compensation proceeding based on principles of collateral estoppel between administrative agencies. The City’s compensation system afforded the injured worker additional rights to those available under Pennsylvania’s workers’ compensation law. The injured worker then pursued statutory remedies after the City determined that she was capable of returning to work and her wage loss benefits were ended. The court ruled that a remand was necessary to determine whether the Civil Service Commission’s decision had collateral effect on the injured worker’s rights under the state’s workers’ compensation law.
Logue v. W.C.A.B. (City of Philadelphia), 660 A.2d 175 (Pa. Commw. 1995)