Dismissal of dual New York No-Fault/PIP arbitrations.

The applicant, a major medical provider, filed joint arbitration matters in the aggregate amount of $46,095.41, claiming our client owed it for the claimant’s unpaid medical bills. The claimant had been involved in a motor vehicle accident and sought payment for medical treatment. Counsel for the medical provider argued that the original denial basis was insufficient to deny the payment of the claims. However, after our successful argument at the arbitration hearing, our client’s policy of insurance was found to be completely and properly exhausted.

Airport fall not fault of terminal’s cleaning service.

We were successful in having a case dismissed on summary judgment in Brooklyn, New York. The plaintiff was a ticket agent for an international airline at LaGuardia airport. Our client was the cleaning service for the airport terminal. The plaintiff claimed she tripped and fell over a “worn/torn defective” floor mat behind the ticket counter. Depositions of the defendant indicated that they did not own, control, maintain or supervise the mats behind the airlines’ ticket counter. Summary judgment was filed in 2020.

Defense verdict in auto liability arbitration in Philadelphia.

The arbitration panel found in favor of the defendant in a motor vehicle accident case where the plaintiff was driving a dump truck and claimed he was side-swiped by a tractor-trailer. The plaintiff filed suit against the driver of the tractor-trailer and his employer, both of whom were represented by Marshall Dennehey. It was the defendants’ position that the plaintiff was not side-swiped, but that the plaintiff actually rear-ended the tractor-trailer because he was going too fast to stop as the tractor-trailer moved from the right lane into the left lane.

What’s Hot in Workers’ Comp – Special PA Alert

The Supreme Court of the United States issued a decision affirming Medicaid’s right to seek reimbursement from a settlement amount allocated for past and future medical care. In Gallardo v. 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 - 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.

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.

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.

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.

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.

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.