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Delaware Workers' Compensation January 3, 2017
The Board noted that the term “partial disability” is not defined in the Act, but stated that the purpose of partial disability benefits is to assure that a claimant who suffers a loss of earning power caused by a compensable injury can..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Architectural, Engineering and Construction Defect Litigation January 3, 2017
In August 2016, the New Jersey Supreme Court affirmed a 2015 Appellate Division decision that established that, pursuant to a plain meaning interpretation of the terms as defined in the Insurance Services Office, Inc.’s (ISO) 1986 standard CGL..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Workers' Compensation January 3, 2017
The judge of compensation dismissed with prejudice the petitioner’s claims against the three defendant employers, finding that the petitioner failed to meet “her burden of establishing that her disability was due in a material degree to..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Employment Law January 3, 2017
Following a seven-day trial, the jury returned a verdict for the plaintiff on her disability discrimination and retaliation claims under the NJLAD. The initial jury instruction provided that any award of lost earnings was to be based upon the..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Pennsylvania Workers' Compensation January 3, 2017
The Appeal Board reversed the Workers’ Compensation Judge’s decision, concluding that Employer A’s joinder petition was not filed timely. According to the Board, the joinder petition should have been filed after the claimant gave..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Employment Law January 3, 2017
The plaintiff filed a race discrimination claim under Title VII, and Princeton moved to dismiss the claim based upon the plaintiff’s failure to exhaust his administrative remedies before the EEOC. The plaintiff had filed an EEOC Charge, but..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Pennsylvania Workers' Compensation January 3, 2017
Before the Workers’ Compensation Judge, the parties litigated the issue of whether there was concurrent compensation under the Pennsylvania Workers’ Compensation Act (Act) or whether the Long Shore and Harbor Workers’ Compensation..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Employment Law January 3, 2017
The plaintiff asserted a claim under the New Jersey Conscientious Employee Protection Act (CEPA) after he was expelled from the volunteer fire company. The plaintiff alleged that his expulsion was in retaliation for his complaints to the county..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Pennsylvania Workers' Compensation January 3, 2017
On appeal to the Commonwealth Court, the employer argued that the Appeal Board was wrong to conclude that the claimant’s delay in deposing his expert was due to circumstances beyond his control. The employer further asserted that failure to..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Employment Law January 3, 2017
The plaintiffs—all disabled individuals assigned to the same jobsite—sought to assert claims against their employer and union for discriminatory compensation in violation of the ADA. They asserted that they were forced to pay more for..., Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

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