John J. Stanzione is a Trial Attorney with over 30 years of experience in personal injury, product liability, workers compensation, employment, social security disability, ERISA and commercial litigation.
John has litigated cases in several state and federal courts and has handled numerous cases before state and federal administrative law judges. John has successfully argued cases on appeal before the Pennsylvania Superior Court, Pennsylvania Commonwealth Court, and the Pennsylvania Supreme Court. He has been counsel or co-counsel in several cases which resulted in settlements in excess of $1,000,000 including cases in which the settlements exceeded $5,000,000.
Before joining Lamb McErlane, John was a named partner in the law firm of Wusinich, Brogan & Stanzione. In addition to being one of the firm’s top trial lawyers, for six years he also served as Solicitor for the Borough of Downingtown where he provided legal advice and counsel to the Borough on matters involving taxation, bonds, employment, eminent domain, easements, environmental regulations, public bids, workers compensation, contracts, prevailing wages, labor relations involving police and firemen, the Sunshine Act and municipal finance.
Early in his legal career, John served two years as Assistant General Counsel for Wells Fargo Alarm Services where he provided general business and legal advice to this national company and supervised its nationwide commercial and employment litigation. He also negotiated several legal contracts and assisted with mergers and acquisitions.
- U.S. Supreme Court
- U.S. District Court, Eastern District of PA
- Supreme Court of Pennsylvania
- Dickinson School of Law, JD 1984
- St. Joseph’s University, BS 1981
COMMUNITY SERVICE & AFFILIATIONS:
- Chester County Bar Association
– Chair, Workers Compensation Section
– Former President, Chester County Bar Association, 2009
– Former Chair, Continuing Legal Education Committee
– Former President, Chester County Bar Foundation, 2010-2011
- Pennsylvania Bar Association
– House of Delegates, 2006-2009
– Former Chair, Membership Development Committee, 2009-2013
- Habitat for Humanity
-Ambassador Committee, 2016
-Family Selection Committee, 2011 – Present
- Lionville Youth Association
– Chairman, 2009-2010
– Board Member, 2005-2011
- Board Member, Downingtown Library-Senior Center Project,
In the News
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- Lamb McErlane PC Announces Six Firm Attorneys Have Been Named 2015 Main Line Today Top Lawyers
- Lamb McErlane Announces Thirteen Firm Attorneys Have Been Named 2014 Pennsylvania Super Lawyers and Rising Stars
- Lamb McErlane PC Announces That Nine Firm Attorneys Have Been Named 2013 Main Line Today Top Lawyers
- Lamb McErlane PC Announces Nine Firm Attorneys Have Been Named 2013 Pennsylvania Super Lawyers and Three Rising Stars
- Lamb McErlane Announces Fourteen Attorneys Have Been Named 2012 Pennsylvania Super Lawyers
- Pennsylvania Commonwealth Court Once Again Addresses Who is an Employee and Who is an Independent Contractor for Purposes of Determining Entitlement to Receive Workers Compensation Disability Benefits
- Pennsylvania Superior Court Reaffirms the Law that Proof of Intoxication Need Not be Established Only by Eye Witness Testimony
- PA Commonwealth Court Confirms that an Injured Employee Mere Receipt of a Disability Pension or Retirement Pension Does Not Make That Employee Ineligible to Receive Workers Compensation Disability Benefits
- Pennsylvania Supreme Court Rules Non-Compete Agreement Signed After Employment Had Already Commenced is Invalid for Lack of New Consideration
- Workers Compensation Benefits Awarded in Pennsylvania for Post-Traumatic Stress Disorder
- Workplace Injuries
- The Difference Between Limited or Full Tort Automobile Policies
- Have you been Injured at Work?
- Proving that Work is Available for Injured Employees
- Pennsylvania Supreme Court Issues Significant Ruling in Favor of Injured State Trooper
- Are you Distracted while Driving?
I have been representing injured workers successfully for over 25 years. I have received numerous workers compensation decisions and settlements favorable to my clients over those 25 years. In just the past year, I have negotiated, settled and obtained over $3,000,000 in workers compensation benefits for my clients. Here are just a few of the cases that I have handled:
- Represented a young nurse who suffered a significant injury at work to her right leg. The injury led to additional medical conditions which the employer and the employer’s workers compensation insurance company did not officially recognize and accept. I recommended to the client that we file a Petition with the Pennsylvania Bureau of Workers Compensation to force the employer and the workers compensation insurance company to recognize and accept these additional injuries. I notified the workers compensation insurance company of my intention to file such Petition. The insurance company immediately inquired as to whether my client wanted to settle her workers compensation case before filing the Petition. The case was settled in excess of $340,000.
- Represented an employee that suffered burns to his upper body, face, skull and upper extremities when a boiler exploded. Unfortunately, because the boiler was manufactured and maintained by his employer, a personal injury suit was not available against a third party entity. The injured worker was limited to receiving workers compensation disability benefits and workers compensation medical benefits from his employer and the employer’s workers compensation insurance company. After years of receiving such benefits, the workers compensation disability benefit claim was settled for a lump sum of $400,000. (This was in addition to the $227,000 the employee had already received in weekly workers compensation disability benefits prior to the settlement). The employee’s medical treatment continues to be paid by the employer and the workers compensation insurance company.
- Represented a part-time school bus driver who suffered a low back injury while at work. She underwent multiple surgeries to the lower back which prevented her from returning to work as a school bus driver. The employer and its workers compensation insurance company filed a Petition to end her workers compensation disability benefits alleging that the employee was capable of returning to other part-time light duty work which was available near her home. I defended the injured employee against the Petition. Before a decision was rendered by the Workers Compensation Judge, we were able to settle the client’s workers compensation case for $240,000.
- Represented an employee of a major supermarket chain when she slipped and fell in the employer’s parking lot and banged her head on the hard blacktop. The initial diagnostic studies were negative for any acute injury to the skull or the brain such as fracture of the skull or hemorrhage/bleeding of the brain. Because of these studies, the employer and its workers compensation insurance carrier denied the employee’s workers compensation claim. Meanwhile, the employee suffered from headaches, nausea, blurred vision and other symptoms consistent with a concussion. The employer’s medical expert testified that the injured worker did not suffer a concussion and had not suffered any injury when she slipped and fell at work. A neuropsychologist who had evaluated the injured worker at my request testified that my client had suffered a concussion as a result of the fall. The Worker’s Compensation Judge found in favor of my client. The Judge concluded that my client had suffered a closed head injury including a concussion as a result of her slip and fall at work. My client was awarded workers compensation disability benefits retroactive to the date of the accident. She continues to receive weekly workers compensation disability benefits at the current time. The workers compensation insurance company was also ordered to pay for all of her medical treatment including the vestibular, occupational, physical and vision therapy that she received at a local Rehabilitation Hospital.
- I represent a worker with previous lower and upper back injuries who was involved in a motor vehicle accident with another co-employee. As a result of the accident, his prior injuries were significantly aggravated and worsened. Since the driver of the other vehicle was employed by the same employer, my client could not sue the other driver for causing his injuries. My client did present a claim to the employer for workers compensation benefits but that claim was denied. The employer and its workers compensation insurance company argued that the diagnostic studies did not show an anatomical change to, or worsening of, his lower or upper back. After several hearings before a Workers Compensation Judge, my client and I prevailed. My client was awarded workers compensation disability and medical benefits and continues to receive such benefits today.
What Happens if I am Injured at Work?
If you are injured at work you are entitled to certain benefits pursuant to Pennsylvania’s Workers Compensation Act.
These benefits include payments for loss of wages that you suffer as a result of the work injury (disability benefits) and payment of your medical expenses for treatment of the work injury (medical benefits).
Obtaining these benefits can be difficult and if you are injured at work you should contact our law firm immediately to assure that you receive the benefits to which you are entitled.
John J. Stanzione of Lamb McErlane PC has been representing injured workers for thirty (30) years and has successfully obtained wage loss benefits and medical benefits for hundreds of injured workers. Contact Workers Compensation attorney John J. Stanzione , email or 610-430-8000.
Who Pays Workers Compensation Benefits to You?
Employers in Pennsylvania are required to carry workers compensation insurance, or have qualified self-insurance plans, for employees. The workers compensation insurance company provides the disability benefits and medical benefits to which an injured worker is entitled.
What Happens if the Employer Refuses to Pay Workers Compensation Benefits?
If an employer/workers compensation insurance company refuses to recognize your work injury and pay appropriate benefits to you, then a lawyer can assist you with filing the necessary legal documents to force the employer/insurance company to pay such benefits.
The legal process starts with the filing of a petition with the Pennsylvania Bureau of Worker’s Compensation. Once the petition is filed, the petition will be assigned to a workers compensation judge for hearings. You, as the injured worker, will testify about what happened to you at work, the injury that you suffered, and the medical treatment that you receive as result of the injury. Likewise, a medical doctor will testify regarding the nature of the injury that you suffered and the need for medical care and treatment.
The legal process can be difficult and you should not participate in the legal process without a qualified attorney experienced in workers compensation law.
What Happens if you are Currently Receiving Workers Compensation Benefits but the Employer wants to Stop Those Benefits?
What Happens if you are Currently Receiving Workers Compensation Benefits but the Employer wants to Stop Those Benefits?
There are many ways that an employer may try to stop the workers compensation benefits that you are receiving. The employer may hire a doctor to examine you and that doctor may indicate that you have fully recovered from your work injury. That doctor may also say that you have partially recovered and can return to some type of work. If this happens, the employer will likely start the legal process to have your workers compensation benefits ended. You have rights and protections under the Pennsylvania Worker’s Compensation Act. If an employer is attempting to stop your benefits contact John J. Stanzione,Esq. email or 610-430-8000.
Can I Return to Work and Still Receive Workers Compensation Benefits?
If your injury prevents you from returning to work but you can perform some type of work for the employer, then Pennsylvania law permits you to return to work and receive partial disability payments as long your new job pays less than what you were earning at the time of your injury. For more information contact Workers Compensation attorney John J. Stanzione , email or 610-430-8000.
What is Light Duty and how does it affect my Workers Compensation Benefits?
Light-duty work is a job which you may be physically capable of performing despite your work injury and is offered to you by your employer. If you are physically capable of performing a light-duty job and you refuse to return to a light-duty job offered to you by the employer, then you may forfeit any workers compensation disability benefits to which you may be entitled.
Before refusing to accept a light-duty job offered to you by the employer, you should contact an attorney. Not all light-duty jobs pay the same wages that you were earning at the time of your injury and you may still be entitled to workers compensation partial disability benefits even though you have returned to work in a light-duty job.
If an employer offers you a light-duty job it is important to contact an attorney to discuss the options, as your response to a light-duty job offer may affect your workers compensation benefits.
Can I Settle my Workers Compensation Case?
Whether you are currently receiving workers compensation benefits or are in the middle of legal proceedings to obtain such benefits, you have the right to settle with your employer and its workers compensation insurance company.
In a settlement, the workers compensation insurance company pays you a lump sum amount of money in exchange for you releasing the insurance company and the employer from any further responsibility for your work injury.
In accepting a settlement, you agree that the employer and the workers compensation insurance company will no longer be responsible for paying your medical bills and no longer responsible for paying benefits for any wage loss that you suffered as a result of the work injury. The lump sum amount is designed to compensate you fully for all past and future wage loss benefits and medical benefits to which you may be entitled as result of your work injury.
You should not settle your workers compensation case without consulting with an experienced workers compensation attorney. For more information contact Lamb McErlane Workers Compensation attorney John J. Stanzione, Esq.,email or 610-430-8000.