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Superior Court affirms decision granting termination petition as being supported by substantial evidence and in so doing rejects claimant’s argument that the court should not defer to the Board’s credibility findings as the hearing was conducted virtually
This case came before the court on the claimant’s appeal from the Board’s decision granting the employer’s termination petition.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Even though the claimant bore a wage loss to his temporary partial disability benefits due to a COVID-19 lay-off, he must still prove the work injury was a contributing causal factor to that wage loss.
This case is interesting because it involves a claim for temporary partial disability benefits relative to the COVID-19 pandemic.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
The court finds that the judge erred by not ruling based on the notice that should have been provided within 52 weeks of the qualifying event versus when the symptoms manifested.
In the case of Andrew Wilkes v.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
The Appellate Division affirms a Judge of Compensation’s dismissal of the petitioner’s occupational hearing loss and tinnitus claim based on a finding that both the petitioner and his medical expert lacked credibility.
This Appellate Division decision deals with the Judge of Compensation’s credibility findings in the context of an occupational exposure hearing loss and tinnitus claim.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
A Workers’ Compensation Judge’s decision that found surgery unrelated to the work injury and said no further treatment was necessary for the injury did not bar a subsequent penalty petition for non-payment of medical expenses related to the injury.
The claimant sustained a work injury in 1988, which the employer acknowledged via a Notice of Compensation Payable (NCP).
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
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What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
The Superior Court holds that the Board correctly ruled that the claimant was required to execute a Receipt stating that the work injury had resolved which is consistent with a prior Board decision.
This case came before the court on the claimant’s appeal from the Board’s decision which the claimant contended should be reversed since it conta
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
No competent or substantial evidence to support that employer/carrier only accepted the aggravation; therefore, they waived the ability to deny compensability. As such, the apportionment defense also fails, and full permanent impairment benefits were owed
The claimant appealed the Judge of Compensation Claims’ order, which apportioned impairment benefits and future medical treatment.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
The Appellate Division affirms dismissal of petitioner’s occupational exposure claims as being time-barred based on an assessment of the credibility of petitioner’s own testimony and petitioner’s reliance on the “net opinion” of his medical expert.
This Appellate Division decision addresses proof issues as to the statue of limitations in the context of occupational exposure claims.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi