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Pennsylvania Workers' Compensation April 1, 2017
The Pennsylvania Supreme Court reversed the Commonwealth Court, interpreting Section 306(a.2) of the Act much differently. As stated by the Supreme Court, under Section 306(a.2) and the applicable impairment guidelines, the IRE physician must..., Case Law Alerts, 2nd Quarter, April 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 advice...
Delaware General Liability April 1, 2017
In August 2016, the plaintiff’s counsel e-mailed defense counsel a list of topics he expected the plaintiff’s medical expert to testify about at trial. The e-mail was sent before the plaintiff’s deadline to disclose “expert..., Case Law Alerts, 2nd Quarter, April 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 advice...
Delaware Property Litigation April 1, 2017
The plaintiff was injured at her place of employment when she slipped on ice in the parking lot during a storm. She sued the snow and ice contractors, alleging her injuries were proximately caused by their failure to maintain the premises in a safe..., Case Law Alerts, 2nd Quarter, April 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 advice...
Pennsylvania Workers' Compensation April 1, 2017
The Commonwealth Court found that the claimant signed the stipulation that was submitted to the Workers’ Compensation Judge after they issued their opinion in Stermel v. WCAB (City of Philadelphia, 103 A.3d, 876 (Pa. Cmwlth. 2014), wherein the..., Case Law Alerts, 2nd Quarter, April 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 advice...
Delaware General Liability April 1, 2017
The plaintiff was injured on the defendant’s property when another person fell on top of her, apparently because the chair portion of the person’s bar stool separated from the seat portion. The plaintiff did not retain a liability expert..., Case Law Alerts, 2nd Quarter, April 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 advice...
New York Retail Liability April 1, 2017
The appellate division held that a retailer was entitled to summary judgment because the plaintiff could not identify the cause of her fall without engaging in speculation. The defendant pointed to testimony from the plaintiff that she was not sure..., Case Law Alerts, 2nd Quarter, April 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 advice...
Pennsylvania Workers' Compensation April 1, 2017
The claimant’s August 2000 work-related injuries were acknowledged in a Notice of Compensation Payable. In 2003, the IRE physician gave the claimant a 21% impairment rating, using the 5th Edition of the American Medical Association guides. In..., Case Law Alerts, 2nd Quarter, April 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 advice...
Delaware General Liability April 1, 2017
The plaintiff, a former tenant of the defendants, claimed that he fell through a hole in their rental property. The defendants claimed he falsified his injury to receive compensation and because of the parties’ disagreements. The plaintiff..., Case Law Alerts, 2nd Quarter, April 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 advice...
Delaware Retail Liability April 1, 2017
The plaintiff slipped and fell on ice while visiting Acme in the Fox Run Shopping Center. The defendants, Acme and Fox Run, sought dismissal of Acme and its owner Albertsons because the lease agreement between Acme (tenant) and Fox Run (landlord)..., Case Law Alerts, 2nd Quarter, April 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 advice...
Pennsylvania Workers' Compensation April 1, 2017
In October 2012, the claimant underwent an IRE, and an impairment rating of 28% under the 6th Edition of the AMA Guides was given. The employer filed a notice to adjust the claimant to partial disability status, and the claimant filed a..., Case Law Alerts, 2nd Quarter, April 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 advice...

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