Publications
Appellate Division affirms dismissal with prejudice of the petitioner’s claim, finding the workplace assault that caused the injuries did not arise out of employment but, rather, resulted from personal circumstances.
While resting in the employer’s break room, the petitioner was assaulted with a hammer by his assistant after confronting her about the legitimacy of her pyramid scheme, which the petitioner had become involved in.
Case Law Alerts, 2nd Quarter, April 1, 2016
Permanent relocation from Pennsylvania to another state, standing alone, does not support permanent and voluntary withdrawal from the workforce.
The Commonwealth Court held that the Workers’ Compensation Judge erred as a matter of law in relying on the claimant’s permanent relocation to Nevada, standing alone, to support a determination that she permanently removed herself from
Case Law Alerts, 2nd Quarter, April 1, 2016
Although the MCARE Act precludes subrogation against medical malpractice proceeds incurred before trial, an employer is entitled to subrogation against future medical expenses and wage loss.
In this appeal to the Commonwealth Court, the claimant argued that § 508 of the MCARE Act is silent as to subrogation of future medical expenses and wage loss in medical malpractice actions and, therefore, must be construed as a prohibition o
Case Law Alerts, 2nd Quarter, April 1, 2016
Under § 319, an employer is entitled to subrogation against a claimant’s recovery of uninsured motorist’s benefits from the policy of a co-employee.
The Commonwealth Court affirmed the Workers’ Compensation Appeal Board’s decision that the workers’ compensation insurance carrier was entitled to subrogation against the claimant’s settlement with her co-workers’ mot
Case Law Alerts, 2nd Quarter, April 1, 2016
While an expert must recognize the occupational causal presumption given to firefighters under § 301(a), this does not preclude an expert from attributing lung disease to non-occupational factors.
The claimant alleged that he developed Chronic Obstructive Pulmonary Disease (COPD) as a result of 22 years of work as a firefighter for the employer and caused him to stop working.
Case Law Alerts, 2nd Quarter, April 1, 2016
Special Law Alert–Victory for the Defense: Appellate Court Affirms that Mode of Operation Does Not Apply
In Troupe v. Burlington Coat Factory, A-1687-14T4, 2016 N.J.Super.
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Summary judgment in wrongful death/negligence action from drag racing crash granted in part and denied in part.
Claims against a raceway for injuries resulting in death from burns were dismissed in part and summary judgment was denied in part. Judge Irenas found that the claim regarding release issues remained as there were triable issues of fact.
Case Law Alerts, 1st Quarter, January 2016
Dismissal reversed by consideration of the plaintiff’s affidavit, which was signed after her deposition, regarding identification of the cause of her fall from a bike on a sidewalk.
The dismissal of the plaintiff’s negligence action was reversed when the court found that the plaintiff created a triable issue of fact in signing an affidavit.
Case Law Alerts, 1st Quarter, January 2016
Case against FIFA for failure to change “laws of the game” dismissed with prejudice.
A U.S.
Case Law Alerts, 1st Quarter, January 2016
Insurer not contractually obligated to pay UM benefits to its insured when the insurance policy requires an examination under oath and the insured refuses to submit to same.
The plaintiff’s automobile insurance policy included uninsured motorists (UM) coverage. After an uninsured driver collided with the plaintiff’s vehicle, she submitted a personal injury protection (PIP) application for coverage.
Case Law Alerts, 1st Quarter, January 2016