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New Pennsylvania Bill Allows Injured Workers to Receive Benefits Via Direct Deposit
The Pennsylvania General Assembly has passed a bill that would require insurers to make direct deposit the default method for paying temporary total disability workers’ compensation benefits.
Introduced on May 31, 2024, PA SB1232 amends the Workers’ Compensation Act to require insurers and self-insured employers to offer direct deposit for payment of temporary total disability payments. The rationale offered for this new bill centers around the inefficiencies of paper checks, noting their potential to cause delays, loss, or displacement. The bill’s supporters also suggest that the switch to direct deposit may help insurers by reducing processing time and mailing costs. However, the bill does outline that lump sum payments as a result of Compromise & Release agreements and payments for claims with an expected duration of 60 days or less may continue to be paid by paper check. Additionally, if the employee does not have an account with a financial institution capable of accepting direct deposit, they may request payment by paper check.
After effective passage date of this bill, insurers may permit or require payment by direct deposit. No later than one year after the effective passage date, all insurers will be required to offer payment by direct deposit. Should this bill pass, insurers will be required to provide an authorization form or may direct the employee to an online authorization form immediately upon availability or concurrently with a notice of compensation payable. If the direct deposit form is not validly filled out by the employee within 30 days of receiving notification of the requirement, the insurer may, at its discretion, temporarily pay by check.
While some TPAs and insurers already offer payment by direct deposit, some do not pay for this extra service and will need to do so if this bill passes, which appears likely.
Partner, Matthew J. McColgan Co-Moderates Panel at ALFA International’s 2024 Future Leaders Group Seminar
We’re proud to highlight our partner, Matthew McColgan ‘s recent engagement at ALFAI’s “Law Law Land: Becoming a Legal Star” seminar held in Beverly Hills! As a co-moderator, he led a panel focused on critical topics such as mentorship, goal planning, and emotional wellbeing for future leaders in the legal profession.
This event brought together industry leaders to discuss actionable strategies for empowering emerging talent across various sectors. Our partner’s commitment to fostering growth and support in the legal community reflects our firm’s dedication to excellence and innovation.
Unanimous Defense Verdict for Orthopedic Surgeon
On Thursday, October 17, 2024, Jack Shusted and Evan Baker obtained a unanimous defense verdict on behalf of their client, an Orthopedic Surgeon, after an eight-day trial in the Delaware County Court of Common Pleas in Media, Pennsylvania.
At trial, Plaintiff claimed that the Orthopedic Surgeon failed to identify and report an abnormality in the upper lung when interpreting radiological imaging of the shoulder, which Plaintiff further claimed caused a delay in the diagnosis of a form of lung cancer called a Pancoast Tumor.
The defense showed that the Orthopedic Surgeon complied with the appropriate standard of care at all times while treating this patient. Specifically, the defense demonstrated that an Orthopedic Surgeon, who specializes in musculoskeletal issues, is not expected to identify a subtle, non-musculoskeletal finding in the lung while interpreting imaging of the shoulder. The defense presented evidence showing that even board-certified radiologists were unable to identify the subtle lung finding in the radiological imaging. The defense maintained that it is within the standard of care for an Orthopedic Surgeon to rely on a radiologist’s interpretation of the radiological imaging for any non-musculoskeletal abnormalities, as that falls within the expertise of a radiologist. At trial, it was demonstrated that the Orthopedic Surgeon properly interpreted the shoulder imaging and appropriately treated the patient’s musculoskeletal problems. Therefore, the Orthopedic Surgeon’s treatment was within the standard of care at all times while treating this patient.
Practice Group Chair Andre J. Webb to attend ALFA International’s 2024 Future Leaders Group Seminar
Practice Group Chair Andre J. Webb will attend ALFA International’s 2024 Future Leaders Group Seminar held at the Beverly Wilshire, A Four Seasons Hotel in Beverly Hills on October 9-11th. Entitled “Law Law Land – Becoming a Legal Star,” the conference features next-generation ALFA International (ALFAI) leaders dancing into the challenges and opportunities facing us all in “Law Law Land.” The seminar will showcase the success that can be built on a foundation of excellent leadership, personal and professional growth, and meaningful career goals. Presentations will explore what every young lawyer should know and what happens when our best-laid plans fall short. Additionally, an analysis of the fast-emerging uses of artificial intelligence (AI) in the legal world and its effect on research, firm billing, and in-house applications will provide an understanding of opportunities for evolution. The moderators and presenters will guide the audience through crisis planning from event to trial and sessions honing mediation skills and strategies to allow ALFAI clients and attorneys to shine. For more information, please reach out to Mr. Webb at webba@ggmfirm.com.
Defense Win!
On September 26, 2024, Andre J. Webb obtained a favorable verdict on behalf of his client after a contentious trial in the Bucks County Court of Common Pleas.
The trial involved an altercation between two neighbors where, as a result, the plaintiff alleged injuries to the neck, back, and shoulder, along with post-concussion syndrome, vertigo, and cauda equina syndrome. The Defendant admitted negligence and stipulated to the amount of medical bills. Mr. Webb asked the jury to award a fair and reasonable amount for pain and suffering, highlighting the plaintiff’s prior health issues, subsequent incidents, and numerous inconsistent statements. The jury’s verdict was not only lower than the plaintiff’s final demand but also less than the defense’s offer.
GGM Attorneys Recognized by The Best Lawyers in America for 2025
GGM is proud to announce that Yana N. Shapiro has been selected to The Best Lawyers in America, and Andre J. Webb has been named to The Best Lawyers in America: Ones to Watch.
The Best Lawyers in America recognizes the top four percent of practicing attorneys in the nation and is based on confidential client and peer evaluations, as well as extensive editorial research. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. For more information, please visit https://www.bestlawyers.com.
GGM is pleased to announce its newest Litigation Associate Kevin M. Ellis
GGM is pleased to announce our newest team member, Kevin Ellis, on our firm’s casualty and transportation litigation team. Before joining GGM, Kevin worked at a Pennsylvania general practice law firm, representing individuals and small businesses in civil litigation, civil and criminal appeals, and family law matters.
Kevin graduated from Temple University’s Beasley School of Law, where he earned his Juris Doctorate. He is also a graduate of the University of Maryland, where he received his Bachelor of Arts in Criminology and Criminal Justice.
Defense Verdict for Radiologist
On Thursday, July 11, 2024, Jack Shusted and Nikki Mosco obtained a defense verdict on behalf of their client, a Radiologist, after a four-day trial in the Bucks County Court of Common Pleas in Doylestown, Pennsylvania.
At trial, Plaintiff claimed that the Radiologist failed to identify and report distal phalanx fractures of the 3rd and 4th digits of the Plaintiff’s right hand which Plaintiff further claimed caused a delay in treatment and led to worsening arthritic changes in the right long finger DIP joint as well as persistent pain, deformity, stiffness, and altered function.
The defense showed that even if the fractures were initially diagnosed, the outcome would have been the same. Specifically, the defense proved that the fractures healed uneventfully, there was no evidence of significant posttraumatic arthritis as a result of the fractures, the patient has a fully functional right hand including his 3rd and 4th digits, and a slight 10 degree loss of distal joint extension is typical for a treated mallet finger. Thus, any alleged delay in reporting the fractures did not impact the ultimate result.
Andre J. Webb Presents at ALFA’s 2024 Hospitality & Retail Practice Group Seminar
Next week at the ALFAI 2024 Hospitality & Retail Practice Group Seminar, Andre J. Webb will moderate a discussion titled Seeing is Believing, or Is It? Artificially generated and altered images or recordings, commonly referred to as “deepfakes,” are becoming increasingly common and complicating the authentication of information. As “deepfakes” continue to evolve, they will inevitably find their way into the courtroom. During this roundtable, the panelists will discuss the importance of authenticating evidence and advance planning for confronting the challenges this emerging technology will present.
Matthew J. McColgan Presents at the 2024 ALFA Transportation Seminar
Matt attended the annual ALFA Transportation Seminar in Colorado Springs this month to present, in conjunction with the ALFA Future Leaders Practice Group, a diversity, equity and inclusion panel: “All Aboard! Hopping on the Diversity, Equity and Inclusion Bus Before You Get Left at the Station!
