Publications
What's Hot in Workers' Comp - Special DE Alert
The Secretary of Labor, Karryl Hubbard, has announced the average weekly wage in Delaware for calendar year 2021 is $1,234.04. This wage figure was derived from data from employers participating in the State’s unemployment insurance system.
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.
The Board Dismisses Petition that Sought Benefits for a Workplace COVID-19 Exposure for Lack of Jurisdiction, But Concluded that COVID-19 “Can Certainly Be a Compensable Occupational Disease in a Proper Situation.”
The claimant tested positive for COVID-19 on June 19, 2020, and passed away on July 10, 2020, from what his surviving spouse alleges were COVID-related complications.
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.
First District Court of Appeal Attempts to Clarify Traveling Status and Exclusive Personal Use of Vehicle With Regard to the Going and Coming Rule.
The claimant, an air conditioning service technician, was injured in August 2020 while performing service calls within a four-county area.
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.
The Appellate Division Affirms Summary Judgment for the Defendants, Partly Due to Special Employer Relationship.
The Appellate Division affirmed the dismissal of the plaintiff’s complaint via summary judgment filed by the defendants, Hartz Metro Fee II, LLC (warehouse owner) and N.Y. Mutual Trading, Inc. (tenant and “special employer”).
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.
Claimant’s Failure to Complete and Return a Required Wage and Benefit Reporting Form (LIBC-760) Is Not Proper Grounds to Withhold Payment of Benefits Ordered by a Workers’ Compensation Judge.
In this case, the claimant sustained a work injury on June 6, 2017, and subsequently filed a claim petition.
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.
Claimant’s Receipt of Full Salary Benefits Under Act 534 Constitutes Receipt of Total Disability Compensation Under § 306 (a) of the Act For Purposes of Triggering an Act 111 IRE.
In this case, the employer filed a petition to modify the claimant’s benefits based on the results of an impairment rating evaluation (IRE) performed following two work injuries sustained by the claimant.
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.
What's Hot in Workers' Comp - News and Results*
NEWS
Ben Durstein (Wilmington) presented “The Do’s and Don’ts of Workers’ Compensation Practice” on behalf of the Delaware State Bar Association on May 3, 2022.
RESULTS*
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.
DE Supreme Court affirms Board’s decision that the claimant failed to meet his burden to prove he sustained a permanent impairment to the cervical spine that was causally related to an accepted work accident.
On August 3, 2017, Mr. Shipmon sustained compensable injuries when he fell off a stool while employed as a constable at Delaware Technical Community College.
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.
Where do we stand with regard to compensability of trip and fall cases since the 2019 Valcourt-Williams decision? Two recent First District Court of Appeal decisions attempt to clear up any confusion.
In Silberberg, the First District Court of Appeal wrote: “Then there is Valcourt-Williams, about which there has been some misunderstanding with regard to its scope and significance.
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.
The Appellate Division remands a workers’ compensation order dismissing a petitioner’s case for exceeding the statute of limitations.
In this case, the Appellate Division vacated the November 8, 2019, order dismissing the petitioner’s application for review or modification of an award and remanded to the lower court.
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.