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Absent fraud, deception, duress, mutual mistake or unilateral mistake caused by the opposing party, a Compromise and Release Agreement cannot be set aside.
The claimant filed a claim petition pro se, alleging he sustained a work-related traumatic hearing los
What’s Hot in Workers’ Comp, Vol. 26, No.
Where employer issues MONCP after NTCP, issuance of Notice of Denial and NSTC is not required and employer not estopped from seeking termination of benefits as of date that precedes the date the MONCP payable is issued.
The claimant sustained an injury to her head when a metal gate crashed down on top of her.
What’s Hot in Workers’ Comp, Vol. 26, No.
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What’s Hot in Workers’ Comp, Vol. 26, No.
The U.S. Constitution does not require law enforcement officers to give a verbal warning to fleeing suspect before using a police dog under 42 USC section 1983.
While tracking a fleeing suspect with a leashed police dog, the officer chose not to shout a verbal canine warning to the suspect.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provi
Two recent Ohio appellate opinions regarding express waivers may create conflict and end up before the Ohio Supreme Court.
There have been two influential cases regarding sporting releases in Ohio in the last several months.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
10th District Court of Appeal challenges the response time for a motion to dismiss.
The appellate court held that the trial court prematurely granted a motion to dismiss because it did not wait the full 28 days allowed by Rule 15(C).
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The risk of falling on natural, rocky terrain is part of the risks inherent in the sport of river tubing.
This case involved a slip and fall on a rock on an access path leading to water tubing on the Battenkill River.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Trial court rules a general contractor cannot delegate its obligation to comply with Florida Building Code to its subcontractors.
In a recent ruling in Florida’s 18th Judicial Circuit, Judge Recksiedle
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The New York Appellate Division, First Department held that there are triable issues of fact relating to a Labor Law § 240 claim involving injuries occurring on the ground floor.
The plaintiff, a security system installer, attempted to move a stack of sheetrock boards leaning against a wa
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Connecticut Supreme Court determines that a police officer conducting surveillance in a criminal investigation was not engaged in discretionary activity protected by government immunity when the officer negligently caused a motor vehicle accident.
The plaintiff appealed from a motion setting aside a verdict which found the defendant police officer negligently caused a motor vehicle accident while performing criminal surveillance
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.