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Delaware Superior Court Dismissed Plaintiff’s Legal Malpractice Claims Because He Failed To Identify an Expert Witness Who Would Support His Claims at His Forthcoming Jury Trial.

In Weiner v. Holfeld, 2021 WL 5577255 (Del. Super. Ct. Nov. 30, 2021), the plaintiff claimed that expert testimony was not necessary because the matter at issue involved obvious common sense and public knowledge. The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.

Calculation of average weekly wage not always limited to money paid in 13-week period prior to work accident, but can include monies (bonus) earned during that period but is not received until later date outside that period.

The claimant worked as an executive assistant for the City of Aventura. After sustaining a compensable work accident on February 27, 2020, she continued to work and received an annual merit bonus on August 6, 2020. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

New Jersey Supreme Court finds that the petitioner was entitled to workers’ compensation benefits in applying the premises rule.

The New Jersey Supreme Court reversed the Appellate Division’s decision which had found the petitioner’s injuries did not arise out of and in the course of employment. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

While the Workers’ Compensation Act is to be construed liberally, coverage cannot be found if there is a clear disregard of the statutory requirement.

The Appellate Division reversed the workers’ compensation court’s orders denying E.W. Millwork’s motion to dismiss and for reconsideration. On August 27, 2003, the petitioner was injured while working for E.W. Millwork. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Injury sustained by the claimant on his way to take a cigarette break and get a sandwich was compensable under the “personal comfort” doctrine.

The claimant, who was the recipient of Social Security Disability (SSD) benefits due to a mental health condition, worked in a part-time capacity for an employer that found jobs for individuals on SSD seeking supplemental income. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Commonwealth Court holds that the Section 319 subrogation provision of the Act is absolute and does not violate constitutionally protected rights in contravention of the Pennsylvania Constitution.

In this case, the claimant sustained a work injury in April of 2016 when struck by a motor vehicle while performing road work. The employer paid the claimant benefits under a Notice of Compensation Payable. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.