Publications
Appellate Division Affirms Dismissal of Wrongful Death Suit Against Hospital and Co-Employee in Fatal Parking Lot Accident
A wrongful death and survivorship action arising from a fatal accident in a hospital employee parking lot was dismissed after the New Jersey Appellate Division upheld a trial court’s summary judgment ruling in favor of the defendants.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Affirms Denial of COVID-19 Workers’ Compensation Claim by Police Officer: E-Time Payments Not Evidence of Employer Liability
The claimant contends that he contracted COVID-19 in the line of duty. Following his diagnosis, he was hospitalized, fell into a coma and later underwent extensive rehabilitation.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Rejects Insurer’s Reimbursement Claim Against Pharmacy in Billing Dispute
A workers’ compensation insurer initiated a Billing Review Petition, claiming it had overpaid a pharmacy for medication previously deemed neither reasonable nor necessary in a 2015 Utilization Review Determination.
What’s Hot in Workers’ Comp, Vol. 29, No.
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Benjamin Durstein (Wilmington, DE):
What’s Hot in Workers’ Comp, Vol. 29, No.
Two incidents. One injury. Recurrence Versus Aggravation
The Delaware Superior Court reviewed and affirmed a decision by the Industrial Accident Board concerning a claimant who sustained a compensable work-related back injury in 2015, commuted the claim in 2018 and in 2023, while working for a different
What’s Hot in Workers’ Comp, Vol. 29, No.
Post-Accident Drug Testing and Consent: Evaluating Reasonable Suspicion Under Florida Workers’ Compensation Law
The claimant was injured in a workplace accident and subsequently hospitalized.
What’s Hot in Workers’ Comp, Vol. 29, No.
Disputed Claims and Credibility Challenges: Workers’ Compensation Case Dismissed After Bifurcated Trial
The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during her employment at separate employers.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Clarifies Scope of IREs, Orders Remand in Light of Duffey Decision
In a case hinging on the interpretation of impairment rating evaluations (IREs) under the Act, the Commonwealth Court has ordered a remand after determining that the physician conducting the IRE erred by rating only the accepted work injuries.
What’s Hot in Workers’ Comp, Vol. 29, No.
Court Affirms Judge’s Discretion in Refusing to Set Aside Mistakenly Issued Medical-Only NCP
The Commonwealth Court upheld a decision refusing to set aside a Medical-Only Notice of Compensation Payable issued after a claimant claimed work-related colon cancer.
What’s Hot in Workers’ Comp, Vol. 29, No.
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Michael McMaster (Philadelphia, PA):
What’s Hot in Workers’ Comp, Vol. 29, No.