Patrick M. Wachter

Experience

Patrick Wachter concentrates his active litigation practice primarily in the area of liability defense for the commercial transportation industry.  He represents clients in a variety of matters including cargo loss, catastrophic accident/injury/tort claims, commercial transactions, independent contractor/employee status issues and property loss.  Since joining F&P, Patrick has gained experience defending motor carriers and their drivers through all aspects of the litigation process, from on-site investigation through trial.      

Patrick became involved in the transportation industry at a young age.  He grew up working for his family business, Von Paris Moving & Storage where he learned the importance of dedication, hard work, and integrity over the years.  This experience also enabled him to bring unique knowledge from the day to day operational side of the trucking and transportation industry.

During law school, Patrick served as an officer of the Entertainment Arts and Sports Law Society and competed on the International Environmental Law Moot Court team.  Also during law school, Patrick clerked for Steven Pacitti, Esq., LL.M. where he gained experience working for professional athletes in both football and mixed martial arts.  

Awards and Distinctions

  • Selected to Maryland Super Lawyers, Rising Star 2021 – 2024

F&P Blog and Insight Articles

Spring 2023 – ELD Compliance Suggests Less HOS Violations Since ELD Mandate Implementation

Activities

Patrick is a member of the Maryland State Bar Association.  He also serves as General Counsel and as a member of the Executive Committee for the Maryland Motor Truck Association’s Maryland Movers Conference.  Patrick is native to Carroll County, Maryland and is an avid sports fan for the professional Baltimore teams. In his spare time, he enjoys playing sports and adventuring with his childhood friends.

April M. Kerns

Experience

A counsel attorney at Franklin & Prokopik, April Kerns concentrates her civil litigation practice in workers’ compensation defense.  She regularly represents employers, insurers, and third-party administrators before the Workers’ Compensation Commission, Maryland state courts, and administrative agencies.  April has successfully defended complex workers’ compensation cases from inception to settlement, handling all stages of litigation.

Prior to joining F&P, April worked for a small general practice firm after gaining broad legal experience as an attorney and law clerk. She attended the University of Baltimore as a scholarship recipient, was a member of the American Association for Justice trial team, and was a University of Baltimore Law Review editor.  While attending law school, April also worked in the Maryland Office of the Attorney General and with Administrative Judge Laurence Gallagher at the Equal Employment Opportunity Commission. She is a regular contributor to F&P workers’ compensation insights and blog articles.

F&P Blog and Insight Articles

Summer 2020 – Maryland Workers’ Compensation Commission Responds to Coronavirus (COVID-19) 

Awards and Distinctions

  • Maryland Super Lawyers, Rising Star 2021-2024

Activities

April is a member of the Maryland State Bar Association, Baltimore County Bar Association, and the Pembroke Welsh Corgi Club of the Potomac.  An animal enthusiast, she is an American Kennel Club judge, shows her own Corgis, and previously volunteered for Baltimore County 4-H teaching dog training. She also rides horses and practices Japanese martial arts.

Michael T. Bennett

Experience

Mike brings nearly two decades of legal experience as he first started his career in 2004 as a paralegal with a small firm in Columbia, MD. He continued working full-time while attending law school at night at the University of Baltimore, where he graduated with honors. He then worked as an associate for a large real estate firm in Bethesda prior to joining Franklin and Prokopik.

Since joining Franklin and Prokopik in 2015, Mike has litigated hundreds of cases at the Workers’ Compensation Commission, and over a dozen jury and bench trials throughout the state. He has also briefed and argued matters before the Maryland appellate courts. Mike has returned several defense jury trial verdicts and victories at the appellate courts, saving his clients immeasurable amounts in potential exposure. He has also written for the business law and workers’ compensation newsletters, and presented on various workers’ compensation topics through webinars and seminars.

Awards and Distinctions

  • Selected to Maryland Super Lawyers, Rising Stars for Workers’ Compensation, 2019-2023
  • The Best Lawyers in America: Ones to Watch, 2022-2024
  • Member, National Workers’ Compensation Defense Network

Notable Cases

Fall 2023 – Pennsylvania Manufacturers Ass’n v. Cree, No. 730, Sept. Term,2022, 2023 WL 5739333 (Md. Ct. Spec. App. Sept. 6, 2023).

Spring 2023 – Circuit Court Judge Affirms Workers’ Compensation Commission’s Denial of Benefits Based on Claimant’s Questionable Actions

Spring 2018 – Crawley v. Bd. of Educ. of Prince George’s Cnty., No. 2032, Sept.term,2016, 2018 WL 185834 (Md. Ct. Spec. App. Apr. 18, 2018).

Summer 2017 – Reger v. Wash. County Bd. Of Educ., 455 Md. 68 (2017).

Summer 2020 – Jury Finds Willful Misconduct Bars Compensability in High Exposure Case

Summer 2018 – F&P Secures Victory for the Board of Education at the Court of Special Appeals

Fall 2017 – Preparation Leads to Successful Jury Verdict in High Dollar Case

Fall 2016 – Social Media Evidence Plays a Critical Role in F&P Trial Victory

Activities

Mike enjoys an active lifestyle with his wife and kids during his time away from work. He has an unyielding appreciation for the outdoors and enjoys almost any outdoor activity, including hiking, fishing, mountain biking, and recreational sports. Mike also volunteers for various activities at his kids’ school and helps coach their youth sports’ teams.

 

Barbara Thompson

Experience

Barbara Thompson joined Franklin & Prokopik in 2011.  She represents employers and insurers in a variety of workers’ compensation matters before the Workers’ Compensation Commission and courts throughout Maryland and Washington, D.C.  Barbara has been practicing law for over 20 years and has 28 years of experience in the workers’ compensation industry.  In addition to her active litigation practice, she frequently gives external client training presentations and speaks at F&P seminars.  Barbara has also written articles regarding industry trends and presents case-specific webinars.

Before joining F&P, Barbara was staff counsel with Zurich North America.  She also worked for 10 years for ACE USA (formerly CIGNA Property and Casualty Companies), handling workers’ compensation claims and providing legal representation.  Prior to being an attorney, Barbara was a workers’ compensation adjuster.

Activities

Barbara is a member of the Maryland State Bar Association, the District of Columbia Bar Association, the Bar Association of Baltimore City, and Maryland Defense Counsel.  In her spare time, Barbara enjoys horseback riding, boating and is a proud baseball/horse show mom to her two kids.

Andrew T. Stephenson

Experience

Seasoned civil litigator, trial lawyer, and passionate advocate. Andrew T. Stephenson, a senior principal at Franklin & Prokopik, has fought for corporations facing civil lawsuits involving catastrophic losses for two decades.  Andrew’s impressive record of favorable outcomes extends to all of his practice areas including construction, commercial transportation, paratransit, intentional torts, premises liability, products liability, and insurance coverage.

Andrew attends to all aspects of his clients’ cases from his Baltimore office – from securing crucial evidence by responding to catastrophic accident scenes to exhausting every legal avenue for a desired result at trial or settlement.  As the lead attorney of F&P’s Emergency Response Team, Andrew manages urgent situations and cases across Delaware, Virginia, Washington, D.C., and Maryland. He has successfully resolved more than 100 wrongful death cases for his national and regional client base.

Andrew has been a member in good standing with the Maryland State Bar since 1998 when he began practicing law in the office of then-Maryland Attorney General J. Joseph Curran.  Today he serves as General Counsel to the Maryland Motor Truck Association, the Maryland Movers’ Council, and the Maryland Motor Coach Association.  He is also an adjunct professor at the University of Baltimore Law School.

F&P Blog and Insight Articles

Fall 2022 – Broker Liability: The Silver Bullet Missed

Winter 2021 – Davis v. Regency Lane, LLC: When Is the Landlord Responsible for Two Fatal Shootings in the Common Area?

Winter 2021 – Caging the Reptile: McNamara v. Navar

Activities

He is an active USLAW member; Vice President of the Trucking Industry Defense Association; former Chair of the American Bar Association’s Commercial Transportation Litigation Committee; and co-chair of the ABA’s Transportation Megaconference. In addition, he is an American Bar Foundation fellow, a member of the National Restaurant and Retail Defense Association, and a frequent featured speaker at the Arkansas Trucking Seminar and Defense Research Institute.  In 2020, Andrew received membership into the American College of Transportation Attorneys (ACTA).

David A. Skomba

Experience

A founding principal of Franklin & Prokopik, David Skomba is an experienced civil litigator, having tried over 200 jury trials and thousands of workers’ compensation and administrative hearings during his career. He has extensive experience in the appellate practice area, as well as in insurance matters both as a counselor to clients and their advocate in the courts and before the MIA and the Office of Administrative Law Hearings. After 25 years with the firm, including his long tenure in management as the firm’s Chief Financial Officer and a member of its executive committee, Mr. Skomba has moved to a reduced weekly schedule and will focus on insurance coverage, appellate matters, and complex motions practice.

At Seton Hall University School of Law, he served as a teaching assistant to Professor Joseph M. Lynch in the areas of Constitutional Law and Civil Procedure.

F&P Blog and Insights Articles

Spring 2021 – What’s in a Name?—Maryland’s General Assembly approves legislation to change the names of Maryland’s Appellate Courts with voters to have the final say in a 2022 referendum

Awards and Distinctions

  • Award for Excellence in International Law, Georgetown University School of Foreign Service

Appellate Work

Activities

Mr. Skomba has lectured extensively on issues of law and procedure involving insurance coverage and ethics. He is a prior member of the American Bar Association, the Maryland State Bar Association, Maryland Defense Counsel, Inc. and the Defense Research Institute. David coached high school basketball for over 15 years recently resigning from his position at the Mount de Sales Academy. He looks forward to spending additional time with his spouse, children and grandchildren.

Melissa A. McGaunn

Experience

Melissa McGaunn was admitted to the Maryland State Bar in 2011 and, prior to joining F&P, worked for several years as a litigation associate primarily defending financial lenders and businesses in commercial and consumer debt proceedings.  Since joining F&P’s Baltimore office in 2014, Melissa has concentrated her practice in the defense and representation of employers and insurers in all aspects of workers’ compensation actions.  Melissa has successfully handled hundreds of workers’ compensation claims, from inception to resolution, in proceedings before the Workers’ Compensation Commission as well as the state’s trial courts.  Melissa has extensive experience in motions practice, including the drafting of appellate briefings.

Utilizing her law school experience as a Manuscripts Editor for the University of Baltimore Journal of Environmental Law, Melissa served as the editor of F&P’s workers’ compensation quarterly publication for several years.

Activities

When she’s not in the office, Melissa enjoys spending time with her husband and two young children as well as tending to her growing indoor plant collection.

 

Kimberly P. Rhodes

Experience

A principal of the law firm of Franklin & Prokopik, Kimberly Rhodes concentrates her civil litigation practice primarily in the area of state workers’ compensation defense. Kim has been practicing with Franklin & Prokopik since November 2002, and has handled numerous matters before both the Maryland Workers’ Compensation Commission and the various circuit courts. She often speaks at seminars addressing multiple issues pertaining to defending workers’ compensation claims.

Activities

Kim is a member of the Maryland State Bar Association, American Bar Association, and the Baltimore Claims Association.

 

Albert B. Randall, Jr.

Experience

Bert Randall, President of Franklin & Prokopik, is a trial attorney concentrating in complex matters involving employment, tort liability and business litigation. He regularly represents companies in state and federal courts, and before state and federal administrative agencies.  Outside of his active trial practice, Bert provides general counsel services to Maryland businesses including General Counsel to the Maryland Motor Truck Association (MMTA) and Restaurant Association of Maryland (RAM).  Additionally, Bert actively counsels employers in effective policy formation and training in order to avoid costly litigation.

Bert is sensitive to his clients’ needs by ensuring premiere, yet cost-effective, legal representation.  When needed, he often works with other F&P attorneys in other practice areas to ensure clients’ issues are solved with a cohesive and well-rounded approach.  As part of his practice, he has cultivated relationships with law firms and attorneys across the nation to provide his national clients with quality representation in any jurisdiction in which they have legal needs.

Awards and Distinctions

  • AV-Rated by Martindale-Hubbell
  • President, Franklin & Prokopik, P.C., 2015- Present
  • Member, Larson’s Workers’ Compensation National Advisory Board, 2013- Present
  • President, National Workers’ Compensation Defense Network, 2013-15
  • Chair, Labor & Employment Practice Group, USLAW Network, Inc., 2008
  • NCO-of-the-Year, 1-115th Battalion, Maryland Army National Guard, 2002
  • Soldier-of-the-Year, 1-115th Battalion, Maryland Army National Guard, 2001
  • Law Review, University of Baltimore School of Law, 1993-1995
  • Best Lawyers, 2018-2023, Workers’ Compensation
  • Best Lawyers, 2019-2021, Employment Law
  • Fellow of the College of Workers’ Compensation Lawyers, 2020
  • Super Lawyers, 2024

Activities

Bert is active in, and has served in leadership roles for, the USLAW Network, Inc., and National Workers’ Compensation Defense Network (currently serving as Past President), both networks of independent law firms providing educational content and resources to regional and national clients.  He has actively participated in the American Bar Association’s Occupational Safety and Health and Workers’ Compensation subcommittees of the Labor and Employment Section and has testified on behalf of the Maryland Chamber of Commerce before the Maryland General Assembly on a variety of legislation affecting Maryland businesses. He has both been featured as an author and been quoted in a host of legal and industry publications. Bert also served with distinction in the Maryland Army National Guard from 1989–1997.

He has served as a speaker, both regionally and nationally, for numerous organizations, including:

  • American Bar Association Occupational Safety and Health and Workers’ Compensation Subcommittees of the Labor and Employment Section
  • American Trucking Associations Safety and Loss Prevention Management Council
  • American Conference Institute
  • Captive Resources
  • Council on Education in Management
  • Equal Employment Opportunity Commission
  • First Rehabilitation Resources, Inc.
  • Healthcare Financial Management Association
  • Hunt Valley Business Forum
  • Job Service Employer Committee
  • Maryland Area Association of Occupational Health Nurses
  • Maryland Association of Community Services
  • Maryland Motor Truck Association
  • Maryland Movers Council
  • Maryland Ready Mix Concrete Association
  • Maryland Workers Compensation Educational Association
  • National Workers’ Compensation Defense Network
  • Ocean City MD Hotel Motel Restaurant Association
  • Restaurant Association of Maryland
  • Society for Human Resource Management — CHRA and Annapolis Chapters
  • Tri-State Safety Council
  • USLAW Network, Inc.
  • Washington Claims Association

Recent Speaking Engagements

The Grass Keeps Growing in Maryland, MMTA 2023 Annual Meeting, Columbia, MD, October 2023

Why the Fuss on Paid Family Medical Leave, AICP Great Lakes Chapter, Charlotte, NC – May 2023

High Times in Maryland Cannabis Laws Expand to Include Adult Use, BABC, Baltimore, MD – April 2023

HB800 Testimony to MD House Judiciary on Child Support in Workers’ Comp Cases, Annapolis, MD – March 2023

The Grass Keeps Growing in Maryland – MMTA Western MD Chapter, Hagerstown, MD – February 2023

Child Care, Cannabis and Employment, Oh My! – Owings Mills, MD – February 2023

Workers’ Comp and Coverage Pitfalls and Coverage Issues When Cannabis Is at Play– ABA, New Orleans, LA – February 2023

Maryland Family & Medical Leave Insurance Program: Time to Care Act of 2022 – F&P Labor & Employment Seminar – November 2022

Independent Contractor Misclassification: Impacts of CA AB5 in Maryland – Ellicott City, MD – September 2022

Best Practices to Managing Interplay of Work Comp, ADA, FMLA and Retaliatory Discharge – NWCDN Conference, Nashville, TN – August 2022

Being an Expert Witness – International Anaplastology Association – June 2022

The State of the Controlled Substances Act: New Cases and Uncharted Territory – CLM, Chicago, IL – May 2022

What Really Happens When You Presume – New Jersey Self-Insurer’s Association, Atlantic City, NJ – May 2022

National Labor & Employment Update –  General Counsel Forum, USLAW Network, Inc., Phoenix, AZ – May 2022

From Outhouse to Inhouse: Managing Professional Relationships –  NWCDN, Philadelphia, PA – April 2022

The Challenges of Cannabis in Workers’ Comp Claims, 18th Annual Workers’ Compensation Insurance ExecuSummit, Uncasville, CT – April 2022

What Happens When You Presume, New Jersey Self-Insurers’ Association Fall Conference 2021, Atlantic City, NJ – November 2021

Legal Considerations with Corporate Health and Wellness Programs; From HIPPA to ADA to Voluntary Participation and Incentive-Based Programs (co-facilitator), USLAW Network Client Conference, Colorado – September 2021

Fun with Funds – Don’t be “Confunded”… Tips and Practical Advice for Navigating Claims Involving Funds, MWCEA Conference, Ocean City, MD – September 2021

COVID-19s Mark on Insurance Coverage Litigation, a podcast on Law.com – September 2021

After the Siege: A Post-Pandemic Overview of Insurance Claims and Coverage, Lexis COVID Insurance Litigation Webinar – June 2021

Presumptions: What’s Working and What’s Not, IAIABC Webinar – June 2021

Returning to Work: Understanding COVID-19 Vaccines and the Legal Implications of Mandating Vaccines, USI Webinar for the Chester County HR Association – March 2021

I’ve Got You Under My Skin, So Hit Me With Your Best Shot in the Dark – and Ode to COVID Vaccination Liabilities, Workers’Compensation.com Webinar – February 2021

Hit Me With Your Best Shot: Employer’s Guide to COVID Vaccines and Other Pat Benatar Songs, USLAW EduNet Webinar – February 2021

Using Owner-Operators/Independent Contractors, MMTA Webinar – January 2021

USI COVID Vaccine Virtual Webinar – January 2021

Workplace Civility, McLean Contracting Training – November 2020

Brief Overview on New Employment Laws, Susquehanna Workforce Network – November 2020

Home Work is Not Just for Kids Anymore, F&P Labor & Employment Seminar – November 2020

WC CompVid-10: Annoying Things You Thought You’d Never Need to Know, MACS SIG Fall Webinar – October 2020

The Insurance Market Post-Pandemic, USLAW Webinar – October 2020

Competing Perspectives on COVID-19 Presumptions, IAIABC Panel Webinar – September 2020

New Employer Hiring Mandates, MMTA Webinar – August 2020

Authentification of Social Media, CorVel’s Webinar – August 2020

Medical Marijuana – June 2020

Preparation for Workers’ Compensation Claims Arising COVID-19, USLAW Roundtable – June 2020

T.P. and Zoom Psych Claim, Oh My! – Webinar – June 2020

COVID-19 Where Do We Go From Here?, ADCC Webinar – May 2020

Investigating & Defending the COVID-19 Workers’ Compensation Claim, USLAW Webinar – May 2020

Claim Investigation and Litigation, RCM&D Webinar – May 2020

COVID-19 Part VI: What to Expect When You’re Expecting, F&P Webinar – May 2020

COVID-19 Investigating and Defending the Coronavirus Claim, CorVel Webinar – April 2020

Maryland WC101: An Overview of Maryland Workers’ Compensation, Work Partners Webinar – April 2020

Part V – COVID-19: Latest DOL Guidance and FAQs, F&P Webinar – April 2020

Part VI – COVID-19: Investigating and Defending the Coronavirus Claim, F&P Webinar – March 2020

Part III – COVID-19: Complying with the Families First Coronavirus Response, F&F Webinar – March 2020

 Part II – COVID-19: Managing your Business Operations, F&P Webinar – March 2020

Part I – COVID-19: Managing Your Workforce, F&P Webinar – March 2020

Delaware Marijuana – General Liability and Workers’ Compensation Concerns, DCA March Meeting – March 2020

Weed at Work, MACCBO (MD Assoc of Comm Colleges), Howard Community College – February 2020

 

 

 

 

 

 

Laura S. McKenzie

Experience

A principal of the law firm of Franklin & Prokopik, Laura McKenzie, concentrates her civil litigation practice primarily in the areas of state workers’ compensation, and general liability defense.

Awards and Distinctions

  • Selected as Top Rated Attorney to Super Lawyers for Workers’ Compensation 2015 – 2024
  • Maryland Super Lawyers, Rising Star 2009-2014

Activities

Laura is on the Negligence and Workers’ Compensation Committee of the Maryland State Bar Association and is a member of the Maryland Defense Counsel.