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On the Pulse…Marshall Dennehey Is Happy to Celebrate Our Recent Appellate Victories*

June 1, 2018

Defense Digest, Vol. 24, No. 2, June 2018

Audrey Copeland (King of Prussia, PA) convinced the Commonwealth Court to affirm the Workers’ Compensation Appeal Board’s decisions denying the claimant’s penalty petition and granting the employer’s termination petition. The claimant, an inspector of commercial properties in the Mid-Atlantic region, was injured when the bed in his hotel room collapsed. The court rejected the claimant’s arguments that the decisions of the Workers’ Compensation Judge were not supported by substantial evidence and that the employer’s expert’s testimony conflicted with previously determined medical facts. Havens v. WCAB (CNA Financial Corporation), 2018 Pa. Commw. Unpub. LEXIS 94 (Pa. Commw. Ct. Feb. 14, 3018).

In another workers’ compensation appeal, Audrey obtained the court’s affirmance of the Workers’ Compensation Appeal Board’s decision quashing the claimant’s late nunc pro tunc appeal. Although the claimant argued that he was not notified of hearings after his counsel withdrew his appearance, he failed to contend that this affected his ability to file a timely appeal or provide any other reason for nunc pro tunc relief. Patterson v. WCAB (SMX Staffing), 2018 Pa. Commw. LEXIS 138 (Pa. Commw. Ct. Apr. 19, 2018).

*Prior Results Do Not Guarantee a Similar Outcome

 

Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2018 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

 

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