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Florida Workers' Compensation October 1, 2018
The claimant requested a $2,000 advance in order to pay for an IME. The employer argued that the claimant failed to show a financial need for the advance. The claimant contended that she established eligibility based on her 1% permanent impairment..., Case Law Alerts, 4th Quarter, October 2018 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 Health Care Liability October 1, 2018
The Pennsylvania Supreme Court granted review in this matter to determine whether or not the Pennsylvania Superior Court committed an error of law when it reversed and remanded the matter for a new trial, directing the trial court to exclude..., Case Law Alerts, 4th Quarter, October 2018 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...
Florida Workers' Compensation October 1, 2018
Florida Statute 440.09(7)(b) allows a claimant to rebut the presumption of intoxication by clear and convincing evidence that the intoxication or the influence of drugs did not contribute to the injury. Per F.S. 440.09(7)(e), the claimant must prove..., Case Law Alerts, 4th Quarter, October 2018 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...
Florida Appellate Advocacy and Post-Trial Practice October 1, 2018
The plaintiff was exposed to asbestos while living and working in Massachusetts. In the late 1970s, he moved to Florida where he was diagnosed—more than 25 years later—with mesothelioma. The suit named Union Carbide, a New York/Texas..., Case Law Alerts, 4th Quarter, October 2018 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...
Florida Workers' Compensation October 1, 2018
This claim involved a low back injury and request for fusion surgery. The employer/carrier asserted a major contributing cause defense. The claimant argued that the employer/carrier had not denied the claim or condition within 120 days and,..., Case Law Alerts, 4th Quarter, October 2018 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 Architectural, Engineering and Construction Defect Litigation October 1, 2018
The Pennsylvania Supreme Court determined that a non-Pennsylvania resident can assert a lawsuit under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) against a business that is headquartered in Pennsylvania for conduct..., Case Law Alerts, 4th Quarter, October 2018 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 October 1, 2018
The Judge of Compensation denied the petitioner’s motion for a total knee replacement based upon the testimony of Dr. DiVerniero, whom he found to be more specialized, more credible and more persuasive than the proofs offered by the petitioner..., Case Law Alerts, 4th Quarter, October 2018 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 October 1, 2018
The plaintiff filed a complaint alleging a failure to accommodate and disability under the ADA. The plaintiff alleged that the employer failed to accommodate her request to transfer her away from the supervisor whom she claimed caused her undo..., Case Law Alerts, 4th Quarter, October 2018 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 October 1, 2018
The petitioner suffers from muscular spasticity, resulting from a work-related injury. Despite the respondent’s objections, the Judge of Compensation refused to follow the recent Maine Supreme Court decision in Burgoin v. Twin Rivers Paper Co..., Case Law Alerts, 4th Quarter, October 2018 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 October 1, 2018
The plaintiff alleged he was terminated in retaliation for his reporting/whistleblowing about a manager’s potential violation of an anti-kickback statute. The same issue had been brought to the employer’s attention by another employee...., Case Law Alerts, 4th Quarter, October 2018 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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