Kimberly K. Moraski

Kimberly K. Moraski practices exclusively in the area of workers' compensation and represents self-insured employers, third-party administrators, and insurance companies in all aspects of workers' compensation defense throughout Pennsylvania.

Kim counsels a wide variety of employers including MHMR care facilities, shipping companies, national retailers, manufacturers, local and state governments, insurance companies, and religious institutions.

Accomplished in providing detailed legal opinion to clients, Kim is astute in determining the strengths and weaknesses of her cases, allowing her to develop strategies for handling all levels of claims work. She understands the importance of regular communication with clients, especially when providing status updates, risk exposure analysis, and settlement valuation. Kim is skilled in handling course and scope of employment cases, as well as cases involving Impairment Rating Evaluations in pre- and post-Protz matters and under Act 111.

Kim is committed to obtaining the best possible results for her clients, whether that means settling a minor claim early in litigation to save time and expense or whether it requires pursuing a matter to the Pennsylvania Appellate Courts. She has saved her clients millions of dollars through creative and effective litigation practices and has been successful in recovering significant funds for her clients in Supersedeas Fund Reimbursement.

Since 2008, Kim has successfully defended many matters, including the following:

• Obtaining denial of a Review Petition to add a complicated nervous system condition allegedly stemming from accepted head trauma, which had a substantial likelihood of leading to death.
• Obtaining denial of multiple Claim Petitions for several alleged injuries to claimant’s back, which if any singular Petition was granted, would have resulted in substantial wage loss benefits, as claimant had concurrent employment with two similar facilities.
• Obtaining denial of a Review Petition to set aside client’s offset for receipt of pension funds because the State Auditor General had determined that the municipality’s pension fund was severely underfunded.
• Obtaining denial of a Fatal Claim Petition by asserting a Statute of Repose defense that death occurred too distantly from the work injury to have a legally significant causal relationship to the work injury.
• Obtaining modification based upon earning power in a post-Phoenixville Hospital case, which led to further Appellate law regarding the types of relevant evidence in the context of law redefining claimant’s “good faith.”

Kim has written extensively on Pennsylvania workers’ compensation and has lectured on various topics including workers’ compensation and ethical behaviors and practices for Pennsylvania attorneys. Kim participated as a test reviewer for the Pennsylvania Bar Association in 2016 as part of the committee responsible for certifying specialists in workers’ compensation law. Furthermore, in 2020, she again participated as a committee member for the Pennsylvania Bar Association responsible for promulgating rules governing conduct and discovery during electronic depositions in workers’ compensation cases.

Kim is very active in her community and believes in giving back to those in need. Currently, she serves on the Executive Board of Lackawanna Pro Bono, a nonprofit that provides a broad range of free civil legal services, as well as volunteers at the St. Francis of Assisi Soup Kitchen. In 2015, Kim was awarded the prestigious Michael K. Smith award from the Pennsylvania Bar Association, which is awarded to an attorney who, through exemplary personal and professional conduct, reminds lawyers of their professional and community responsibilities.

In her free time, Kim enjoys spending time with family, reading crime novels, and watching television.