Super Lawyers

Four Mette, Evans & Woodside Attorneys Named “Super Lawyers”

Super Lawyers

Attorneys pictured (left to right): Kathryn Simpson, James Goldsmith, Michael Farrell & Victoria Edwards

Mette, Evans & Woodside attorneys Kathryn L. Simpson, James L. Goldsmith and Michael A. Farrell were named as top attorneys in Pennsylvania by Super Lawyers. Attorney Victoria P. Edwards was also recognized by Super Lawyer as a Rising Star. The Super Lawyers honor is reserved for attorneys who exhibit excellence in their legal practice with just five percent achieving the recognition in the state.

Ms. Simpson’s practice is in commercial litigation, professional liability defense, labor and employment, and health law. Since 2004, Ms. Simpson has been recognized as a Super Lawyer for her litigation work. She is a frequent speaker and author of continuing legal education course materials for the Pennsylvania Bar Institute.

Mr. Goldsmith focuses his practice on professional liability defense, professional licensure defense and real estate litigation. Since 2006, he has been recognized in the professional liability defense category. Mr. Goldsmith also provides legal expertise to professional trade associations such as the Pennsylvania State Association of Boroughs, and several Associations of REALTORS® across Pennsylvania.

Mr. Farrell, who has been recognized for seven years, has been practicing in the field of insurance defense litigation for 32 years. He is a certified specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court. He has published articles and has taught seminars relating to Pennsylvania Workers’ Compensation Law.

Ms. Edwards dedicates her practice to workers’ compensation and social security disability. Since 2016, she has been recognized as a Rising Star by Super Lawyers. Ms. Edwards also is a certified specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.

“Having so many of our attorneys recognized as “Super Lawyers” over the last decade is a testament to Mette, Evans & Woodside’s dedication to providing top-notch legal counsel,” said the firm’s President Tim Hoy. “We’re proud to have these outstanding attorneys as a part of our legal team.”

Mette, Evans & Woodside has a long-standing tradition of providing comprehensive legal representation in Litigation, Estates and Trusts, Business and Real Estate. Founded in 1969, the firm provides clients throughout Pennsylvania with sound legal counsel for all facets of their professional and personal life.

Attorneys Farrell and Edwards Successfully Defend Workers’ Compensation Challenge for Client

Attorney EdwardsAttorney Farrell The Commonwealth Court of PA decided in favor of the client represented by Attorneys Farrell and Edwards, that the Workers’ Compensation Judge does not have jurisdiction to review a Utilization Review Determination where the Provider under review fails to provide medical records to the reviewer. The Court also held that denying the Claimant the right to a hearing did not violate the Claimant’s right to due process because the Claimant does not have a property interest in his future medical treatment.

A utilization review doctor did not violate the due process rights of an injured worker by denying a medication and injection regimen after a treating physician failed to submit medical records to justify the treatments, the Commonwealth Court of Pennsylvania decided Friday.

Michael Farrell, one of the Mette, Evans & Woodside attorneys representing Fisher Auto Parts’, argued that because the utilization review doctor had deemed the Claimants treatments no longer reasonable or necessary, the Claimant no longer had a property right to them.

The Workers’ Compensation Appeal Board sided with Attorneys Farrell and Edward’s client, overturning the order of a workers’ compensation judge who decided that the Claimant had proved he needed the treatments. The WCAB said that the judge lacked subject matter jurisdiction over UR denials due to a lack of medical records.

Attorney Farrell said he thinks the Commonwealth Court made the right call in this constitutional challenge. “The due process argument that was raised makes (this case) unique, and I think the court actually decided it correctly – there was no violation of the procedural due process of the Claimant of this case,” Farrell said. “The court indicated there was no identifiable property right of the Claimant that had been denied.”

 

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

OPINION BY PRESIDENT JUDGE LEAVITT
FILED: January 12, 2018

Timothy Allison (Claimant) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) holding that the Workers’ Compensation Judge (WCJ) lacked jurisdiction to hear Claimant’s appeal of a utilization review determination. In this appeal, we consider whether a WCJ has jurisdiction to review the reasonableness and necessity of Claimant’s medical treatment where, as here, Claimant’s provider did not provide medical records to the utilization review organization (URO) but a peer review report was nevertheless prepared. We also consider whether the Board violated Claimant’s due process rights by denying Claimant a right to appeal the URO determination.

READ FULL DECISION

WorkCompCentral.com Article

Court Rejects Constitutional Challenge to UR Provision
by Emily Brill

A utilization review doctor did not violate the due process rights of an injured worker by denying a medication and injection regimen after a treating physician failed to submit medical records to justify the treatments, the Commonwealth Court of Pennsylvania decided Friday.

READ FULL ARTICLE