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Because rehabbing properties for resale with construction work was a regular part of the employer’s business, they are the claimant’s statutory employer under §302 (a).
As a result of injuries while doing construction work for Defendant A, the claimant underwent amputations of his right pinky finger and right thumb.
Case Law Alerts, 2nd Quarter, April 2015
Court reverses prior decision and holds that robbery of a liquor store clerk at gunpoint was an abnormal working condition and a compensable psychiatric injury.
The Workers’ Compensation Judge granted the claim petition, concluding that the claimant met his burden of proving that he was subjected to abnormal working conditions when he was robbed at gunpoint while working for a liquor store.
Case Law Alerts, 2nd Quarter, April 2015
Former counsel not entitled to equitable apportionment of attorney’s fees awarded to current counsel in a compromise and release agreement.
This case involves a fee dispute between a claimant’s former attorney—who represented the claimant in a claim petition that was granted—and the attorney who later represented him in a settlement and earned a 20% fee from a C&
Case Law Alerts, 2nd Quarter, April 2015
A finding of maximum medical improvement by an IRE physician, even with the possibility of future surgery, does not render the IRE invalid.
The claimant’s February 2004 injury was originally acknowledged as a right wrist carpal tunnel syndrome and was later expanded to include a chronic lateral epicondylitis of the right elbow.
Case Law Alerts, 2nd Quarter, April 2015
Legal Update for Securities
Recent Litigation Victories
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Question of fact as to whether use of a beach ramp by pedestrians is foreseeable.
The plaintiff’s claim survived a motion for summary judgment by the city of Margate pursuant to the New Jersey Tort Claims Act.
Case Law Alerts, 1st Quarter, January 2015
Summary judgment granted when expert’s opinion as to operation of elevator is speculative.
The plaintiff asserted she was injured when an elevator door closed on her hand at a casino.
Case Law Alerts, 1st Quarter, January 2015
Indemnification owed as a matter of law by a nightclub operating within a casino.
The plaintiff sued for allegedly being assaulted by a uniformed Atlantic City police officer when exiting a nightclub on the premises of Tropicana Hotel and Casino. The nightclub was a tenant of the casino.
Case Law Alerts, 1st Quarter, January 2015
The 5th DCA confirms that the Slavin doctrine applies to design professionals.
The plaintiff decedent was a passenger in a vehicle that struck an uncushioned roadway median guardrail end.
Case Law Alerts, 1st Quarter, January 2015
Dismissal is an appropriate sanction for spoliation of evidence where the allegedly defective product is lost before a defendant has an opportunity to inspect it, even without evidence of bad faith.
While browsing the defendant retailer’s store, the plaintiff was injured when she sat on a chair that was on display and the chair collapsed.
Case Law Alerts, 1st Quarter, January 2015