McCarty serves as the chair of the firm’s Workers’ Compensation practice area and focuses his practice on all issues related to workers’ compensation matters; he joined the firm in 1997.

Workers’ Compensation

Dave assists Ohio employers with all aspects of workers’ compensation defense, representing them at administrative hearings before the Industrial Commission throughout the state of Ohio and before the Bureau of Workers’ Compensation. He also defends employers in workers’ compensation matters in the courts of common pleas throughout Ohio, as well as in the Ohio courts of appeal and Supreme Court.

Administrative Practice

Dave handles all aspects of claim defense, such as contesting the allowance of a claim and payments of compensation and medical benefits under claims. He assists employers defending claims of violations of specific safety requirements and pursues findings of fraud. Dave also assists employers seeking to be granted the privilege of self-insurance, including appeals of denial of that privilege and counsels them on a proactive approach to claim limitation and cost containment.


Dave’s litigation practice focuses on representing employers in all aspects of workers’ compensation litigation, including defense of “right to participate” cases throughout Ohio and “extent of disability” issues in the Franklin County Court of Appeals and Ohio Supreme Court.

Practice Areas


  • The Ohio State University Moritz College of Law (J.D., 1992)
  • Columbia University (B.A., 1986)

Bar Admissions

  • Ohio
  • Pennsylvania
  • U.S. District Court for the Northern District of Ohio

Professional Affiliations

  • Columbus Bar Association, Workers’ Compensation committee, member
  • Leadership Columbus, Class of 2006
  • Ohio State Bar Association, member

Special Honors

  • Recognized in Columbus CEO, Best Lawyers, 2022
  • Martindale-Hubbell Rating of AV Preeminent®
  • Selected as the 2016 “Lawyer of the Year” in Columbus in the area of Employers - Workers' Compensation Law by The Best Lawyers in America®
  • Recognized in The Best Lawyers in America®
  • Selected to the Ohio Super Lawyers list since 2004

Charitable + Civic Involvement

  • Open Door Columbus (Columbus Center for Human Services), board of directors, president


  • "Selected Issues in Labor and Employee Relations: The Employer’s Perspective," Kegler Brown Workers’ Compensation seminar series, presented 1998-2005
  • "Ohio Workers’ Compensation Case Law Update," Central Ohio Self-Insurers Association Education Day, presented in 1998 and 2002

Career Highlights

  • Certified as a specialist in Workers’ Compensation Law by the Ohio State Bar Association
  • Selected to serve as chair of Kegler Brown’s Diversity Committee
  • Joined Kegler Brown in 1997 after spending five years practicing with Bugbee & Conkle in Toledo
  • Served as part of Governor Strickland's bipartisan Workers' Compensation advisory transition team from 2006-2007