Carl J. Smith, Jr. has primarily focused his practice in the field of workers’ compensation representing employers, insurance carriers and third-party administrators since 1979. He has litigated cases arising under the Pennsylvania Workers’ Compensation Act before Judges, the Appeal Board, the Commonwealth Court, and the Supreme Court of Pennsylvania. Mr. Smith also represents employers in claims brought under the Federal Mine Safety and Health Act for black lung benefits and 105(c) discrimination. He has represented clients before Administrative Law Judges, the Benefits Review Board, and the United States Court of Appeals for the Third Circuit. In addition, Mr. Smith represents employers in unemployment compensation claims and in arbitration proceedings arising under collective bargaining agreements.
Mr. Smith has achieved an "AV Preeminent" Peer Review Rating from Martindale-Hubbell. He is also a Fellow in The College of Workers' Compensation Lawyers.
In 2006, 2008 and 2009, Mr. Smith was recognized by the publisher of the Pennsylvania edition of Super Lawyers magazine as being among the top 5 percent of practitioners in his practice specialty within the Commonwealth of Pennsylvania.
He was selected for inclusion in the 2010, 2011, 2012 and 2013 editions of The Best Lawyers in America in the specialty of Workers' Compensation Law.
University of Pittsburgh School of Law, J.D., 1979.
Washington & Jefferson College, B.A. cum laude, 1976.
Professional Memberships and Activities:
Admitted to practice before the Supreme Court of Pennsylvania, the United States District Court for the Western District of Pennsylvania, and the United States Court of Appeals for the Third Circuit.
Member of the Pennsylvania Bar Association, Workers' Compensation Section and Council (Section Chair 2000-2001), American Bar Association - Labor and Employment Law Section, Washington County Bar Association, Pennsylvania Chamber of Business and Industry Workers' Compensation Council (1993-1996), Washington Hospital Occupational Medicine Center Employer Advisory Board, Pennsylvania Self-Insurers' Association.
Selected Reported Cases:
Volk v. WCAB (Consolidation Coal Co.), 647 A.2d 624 (Pa. Commw. 1994).
Beth Energy Mines Inc. v. WCAB (Sadvary), 570 A.2d 84 (Pa. 1990).
"Workers’ Compensation Litigation," Washington County Bar Association Winter Bench Bar Conference, February 2002.
Pennsylvania Bar Association Workers’ Compensation Section Fall Meeting,
"Mental Stress Claims," Washington County Bar Association Summer Bench Bar Conference; August 1999.
Washington County Chamber of Commerce Workers’ Compensation Seminar,
"Managing Workers' Compensation Claims," Washington County Manufacturers Association.
"Act 57 Changes To The Workers' Compensation Act," Washington Hospital Occupational Medicine Center.
"Act 57 Changes To The Workers' Compensation Act," Westmoreland Area Personnel Association.
"Workers' Compensation Claims Management - Injury to Litigation," St. Vincent College Environmental And Safety Awareness Series
"Workers' Compensation Reform," Cemented Carbide Producers Association.
"Changes To The Hearing Loss Provisions Of The Workers' Compensation Act," Industry For Workers' Compensation Reform.
"Solutions to Skyrocketing Costs - A Regulatory Overview Of The 1993 Amendments," Custom Conference Development's Fourth Annual Conference On Workers' Compensation.
Pennsylvania Chamber of Business and Industry; 1993 Workers' Compensation Conferences.
"Americans With Disabilities Act," Pennsylvania Claims Association and Washington Claims Association.
"Proposed Legislative Reform To The Pennsylvania Workmen's Compensation Act," Southwest Pennsylvania Workers' Compensation Exchange Group.
"Proposed Legislative Reform To The Pennsylvania Workmen's Compensation Act," Industry For Workers' Compensation Reform.
"Americans With Disabilities Act," Manufacturers Association Of The Tri Counties.
"Americans With Disabilities Act," Greater Washington Area Chamber of Commerce and Washington County Manufacturers Association.
"Americans With Disabilities Act," Washington Hospital Occupational Medicine Center.
"Proposed Legislation To Penalize Employers For Injuries Resulting From Safety ViolationsPennsylvania Small Business.
"Requirements To Identify and Warn Of Workplace Hazards," Greater Washington Area Chamber of Commerce and Washington County Manufacturers Association.
"Current Case Law In Workmen's Compensation," Pennsylvania Chamber of Business and Industry.
Speaking Engagements and Presentations: