Jeffrey L. Oster, Esquire Jeffrey L. Oster recently explored Pennsylvania’s trivial defect doctrine for members of the Pennsylvania Bar Association in the summer edition of Civil Litigation Update. The trivial defect doctrine’s provenance can be traced back to 1941 and the Pennsylvania Supreme …
Vaughan McLean Springs into 2024 Acquiring Three New Practices Areas and Seven New Attorneys
PHILADELPHIA, May 13, 2024 – As their growth momentum continues, the rebranded Vaughan McLean signifies a new era for the firm, originally formed by Joseph E. Vaughan in 2011 as O’Hagan LLC. Vaughan and Tracey A. McLean will lead the firm, Vaughan McLean. Vaughan McLean currently spans seven states …
Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board)
No. 298 C.D. 2023OPINION BY: Senior Judge Leavitt / FILED: February 8, 2024 In a Nutshell: Claimant Was Not Furthering The Business Of Employer While Commuting Home In His Own Vehicle From The Equipment Yard Where He Began His Workday. Claimant worked as a crew leader in Employer’s …
Kathryn A. Lawry v. County of Butler (Workers’Compensation Appeal Board)
No. 593 C.D. No. 593 C.D. 2022OPINION BY: Judge Covey / FILED: March 6, 2024 In a Nutshell: An Examination Protocol Referred To By A Physician Testifying In A Workers‘ Compensation Matter As The Gold Standard In Diagnosing And Determining Recovery From RSD/CRPS Is Not Binding On The WCJ In A …
Vaughan Baio Continues Growth Momentum Welcomes Judge Francis J. Orlando Jr., A.J.S.C. (Retired) to Launch New ADR Practice
PHILADELPHIA, APRIL 5, 2024 – Vaughan Baio & Partners announced that well-known and highly respected Judge Francis J. Orlando, Jr., A.J.S.C. (Retired) has joined to launch the firm’s new Alternative Dispute Resolution (ADR) practice group. Orlando joins as Of Counsel and will be reunited with …
3 New Attorneys, 2 New Offices
Featured in New Jersey Law Journal
Leading legal and business publications Law360.com and ROI-NJ also shared the news Managing Partner Joe Vaughan and new Partner George W. Matteo, Jr. were featured in the article, “Opening 2 New Offices, Vaughan Baio Prepares for Aggressive Growth in 2024,” appearing in the New Jersey Law Journal …
Understanding a Carrier’s Options Regarding Schedule Loss of Use (EC-81.7)
John W. Becker, Esquire Under the Workers’ Compensation Law in New York, injuries or occupational diseases resulting in a permanent impairment to a claimant’s extremity, eyesight, hearing and/or facial disfigurement have long been subject to awards for schedule loss of use (SLU). Previously, …
Mark R. Schmidt v. Schmidt, Kirifides and Rassias, PC (Workers’ Compensation Appeal Board)
No. 1039 C.D. 2021OPINION BY: Judge Covey / FILED: November 14, 2023 In a Nutshell: Employer held liable to pay for the Claimant’s purchase of cannabidiol (CBD) oil. Claimant was not considered to be a healthcare provider and not required to submit periodic medical reports to receive …
Premium Transportation Staffing, Inc. v. Robert Welker (Workers’ Compensation Appeal Board)
No. 1329 C.D. 2022OPINION BY: Senior Judge Leavitt / FILED: November 30, 2023 In a Nutshell: It is not an abnormal working condition sufficient to establish a “mental-mental” injury if the Claimant could anticipate the work event, in this case, a truck fire, and had been trained on how to …
New Offices Open on
Long Island, N.Y. and in Cherry Hill, N.J.
PHILADELPHIA, P.A., February 8, 2024 – Vaughan Baio & Partners welcomes three new partners, expanding their New Jersey presence and establishing a down state New York office on Long Island, N.Y. Charli Baldinger joins to focus on growing the workers’ compensation team in the New York metro …
Charles B. Keffer v. Colfax Corporation and Phoenix Insurance Company
No. 1110 C.D. 2022OPINION BY: Judge Ceisler / FILED: August 11, 2023 In a Nutshell: Employer Has No Obligation to Notify Claimant of an Approaching Expiration of the Three-Year Statute of Repose in Section 413(a). Claimant unsuccessfully challenged the above-mentioned precept through a …
Navigating Cost-Effective Litigation
Jane E. McGill, Esquire The Vaughan Baio & Partners mission statement includes a goal to provide: “… advisory services to our valued clients. Our clients deserve reliable advice to help them navigate their business challenges and achieve their goals.” Essentially, this is the role of …
Vaughan Baio & Partners 2023 Recap
This past year was another exciting year for Vaughan Baio & Partners (VBP) as the firm welcomed ten new attorneys and established an office in Western New York, expanding the firm’s presence across New York State. Partner Danielle Engel launched the new office in Buffalo in March, joining the …
Communicating with Employers Regarding Workers’ Compensation Claims
Edward A. Jacobson, Esquire Attorneys communicate everyday with insurance adjusters regarding workers' compensation claims. The topics of these conversations can vary widely from questions about how to answer a Petition for Benefits or which doctor to authorize to discussions regarding settlement …
Partner Jeff Oster Quoted in Law360 on Evolving Strategy to Preclude Removal to Federal Court
Jeffrey L. Oster was quoted in the article “Slip-Fall Suit Against Sports Bar Sent Back to Pa. State Court,” which appeared on Law360 on November 14, 2023. Representing both defendants in the case (Miller’s Ale House, and its manager, Edward Handlon), Jeff explained a concerning strategy being used …
DWC-19 Forms in Florida Workers’ Compensation
Donya R. Alkhatib, Esquire The DWC-19 form, also known as the Employee Earnings Report, is used to determine if an injured worker has supplemental income to offset any indemnity benefits due and owing from the employer/carrier. This includes any income from other employment and even social …
Vaughan Baio & Partners
Continues to Grow in Buffalo
BUFFALO, N.Y., NOVEMBER 6, 2023 – Vaughan Baio & Partners (VBP) welcomed Serena R. David as Partner in the firm’s Buffalo office, which was opened earlier this year in March by Danielle S. Engel. Both Partners focus their practice on workers’ compensation defense. This is VBP’s fourth office in …
Three (Not so Minor) Things to Know About the Minor’s Wage Expectancy Statute
Danielle Engel, Esquire Section 14(5) of the Workers Compensation Law provides when a worker under the age of 25 is injured, the Board may take into account the reasonable expectation that the worker’s average weekly wage would have increased in the future had the injury not occurred. This is …
Three Things to Know: Slip and Fall Claims
in New York
Claire T. Brookins, Esquire With the winter season just around the corner here in New York, employers and carriers will inevitably see an increase in slip and fall claims. Here are three things to know when evaluating compensability of these claims before the New York State Workers’ Compensation …
Partner Carlos Hernandez & Associate Jane McGill Secure Major Victory
Carlos J. Hernandez, Esquire & Jane E. McGill, Esquire Jane McGill and Carlos J. Hernandez, a partner in the firm’s Palm Beach Gardens office, recently won a major victory in the case of “Carida Ortiz v. AARP Foundation” OJCC# 23-005381, West Palm Beach District, JCC Johnsen. The claim was …
New York Appellate Summaries
October 2023
Cory A. DeCresenza, Esquire & Bola O. Awujoola, Esquire We hope you find this summary of the appellate-level cases pertaining to New York Workers’ Compensation proceedings for the second half of 2022 and first half of 2023 useful. These summaries are meant to be a carrier-centric …
Three Things to Know:
Misconceptions About Trusts in Pennsylvania
Adrienne N. Anderson, Esquire In Pennsylvania, there are common misconceptions surrounding the creation and benefits of placing your assets in a trust. I often have clients come to me for succession planning requesting the creation of a trust. My first question is always why do you …
Associate Lindsay Switzer Obtains Order Granting Summary Judgment
Lindsay Switzer, Esquire In a case captioned “Samuel Schneider v. Jackson5 Foods, LLC, et al. ”, venued in the Superior Court of New Jersey, Law Division, Ocean County under Docket No. OCN-L-2076-20, associate Lindsay Switzer successfully argued a Motion for Summary Judgment dismissing our client …
Partner Daniel DeMay Secures Victory
Daniel J. DeMay, Esquire The firm’s Sarasota partner recently scored a major victory in a complex Florida workers' compensation case. The claim was brought by a former employee of the State of Florida Department of Corrections, who had sustained a traumatic motor vehicle accident in …
Pennsylvania Case Summaries
September 2023
Kelly M. Davis, Esquire & Thomas R. Bond, Esquire Below please find new and relevant summaries in the vital world of Pennsylvania Worker’s Compensation. Please feel free to reach out to our team with any inquires. In the meantime, please enjoy reading our VBP September issue of Case …
Bola O. Awujoola Shares His Journey to Practicing Law and Becoming a U.S. Citizen
with Super Lawyers
Vaughan Baio Partner Bola Awujoola was featured in the article, “You Can Be Anything You Want To Be,” published in Super Lawyers – Upstate New York 2023 issue. Bola joined three other attorneys who all shared their stories of immigrating to the U.S. Having spent his entire life in Nigeria, Bola took …
Successful Defense by Partner Daniel DeMay
Daniel J. DeMay, Esq. Overview: This case involved a workers' compensation claim that came before the Judge of Compensation Claims in Fort Myers, Florida, and was conducted through a combination of in-person and virtual hearings. The primary issue revolved around the petitioner, represented by …
Pennsylvania Case Summaries
June 2023
Kelly M. Davis, Esquire & Thomas R. Bond, Esquire Below please find new and relevant summaries in the vital world of Pennsylvania Worker’s Compensation. Please feel free to reach out to our team with any inquires. In the meantime, please enjoy reading our VBP June issue of Case …
Happy Memorial Day 2023
Tracey A. McLean, Law Firm of Vaughan Baio & Partners Photos by Staff Sgt. John Miller As for so many, Memorial Day has a special meaning for Tracey McLean, Partner with Vaughan Baio & Partners in Syracuse, New York. After years of waiting and hoping, red tape and government …
VBP Welcomes
Partner Danielle Engel in Buffalo Office
Four Associates Join in Atlantic City, Philadelphia and Pittsburgh
Philadelphia, May 11, 2023 – Vaughan Baio & Partners (VBP) is pleased to welcome Danielle Engel as Partner, who will be expanding the firm’s footprint into Western New York by launching the firm’s Buffalo, New York office. She is the latest attorney to join from Goldberg Segalla, following nine …