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What’s Hot in Workers’ Comp, Vol. 29, No.
Employer’s refusal to compromise it’s subrogation lien during pendency of a tort action does not constitute bad faith resulting in forfeiture of employer’s right to subrogation under Section 319 of the Act.
This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot.
What’s Hot in Workers’ Comp, Vol. 29, No.
Claimant’s conversation with fellow firefighter about Act 46 cancer presumption was not the date he became aware of his cancer’s relationship to his employment; therefore, notice was properly given and claimant’s Claim Petition was timely filed.
This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46 firefighter/cancer claim, alleging he sustained colon cancer as of August 23, 2019.
What’s Hot in Workers’ Comp, Vol. 29, No.
Claimant’s average weekly wage was properly calculated based on a 40-hour work week, even though he only worked a total of 10 days in the year preceding the work injury.
The claimant was employed by the employer as a corrections officer. He filed a Claim Petition alleging that on July 27, 2018, he was attacked by an inmate and sustained physical injuries.
What’s Hot in Workers’ Comp, Vol. 29, No.
Right to subrogation for medical bill payments not waived by failing to properly preserve issue at all stages of litigation, including appellate stage, and appeal not subject to immediate dismissal due to technical defect promptly and properly cured.
Wayne Deloatch filed a Claim Petition, pursuant to Section 108(r) of the Act, alleging he suffered from non-small cell lung cancer, resulting from direct exposure to Group 1 carcinogens while working as a firefighter for the employer.
What’s Hot in Workers’ Comp, Vol. 29, No.
New Jersey Workers’ Compensation Legislation Update
Since the holidays and the start of the new year, there have been no new New Jersey appellate decisions in workers’ compensation.
What’s Hot in Workers’ Comp, Vol. 29, No.
Treatment with authorized provider tolls statute of limitations, although treatment occurred without employer/carrier’s knowledge and was billed to private health insurance, as it was similar in nature to previously authorized treatment.
The First District Court of Appeal issued another opinion in the ongoing statute of limitations saga triggered by the 2023 opinion in Ortiz v. Winn-Dixie, Inc., 361 So. 3d 889 (Fla. 1st DCA 2023) (Ortiz I).
What’s Hot in Workers’ Comp, Vol. 29, No.
Petition to terminate total disability benefits for claimant who had light-duty restrictions that could not be accommodated denied; claimant had reasonable expectation of returning to pre-injury job with same employer when his condition improved.
On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his first treating surgeon passed away.
What’s Hot in Workers’ Comp, Vol. 29, No.
Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court Prior to Filing Amended Complaint
The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app.
Case Law Alerts, 1st Quarter, Janu
Panel Dismisses Claimant’s Claims Without Prejudice in Their Entirety Pursuant to Rule 12504 of the Code for Lack of FINRA Jurisdiction
The claimant’s claim related to the alleged unsuitability of her investment in CFSI stock. However, the panel unanimously granted the respondents’, Moody Capital and Rosenstein, motion to dismiss pursuant to FINRA Rule 12504.
Case Law Alerts, 1st Quarter, Janu