Appellate Division reverses Superior Court’s order, vacates the transfer order, and remands the case to enter an order denying motion to dismiss.

Mount Laurel
Workers' Compensation
Under the New Jersey Workers’ Compensation Act, “each and every member of a volunteer fire company doing public fire duty . . . 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.
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Appellate Division orders petitioner to pay costs and fees after his unsuccessful attempt to re-litigate his original claim.

Mount Laurel
Workers' Compensation
On January 29, 2008, the petitioner was working as a bus driver when his bus was involved in an accident. He filed a claim petition, which was dismissed with prejudice on October 4, 2020, for failure to sustain his burden of proof. 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.
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First District Court of Appeal reverses because the workers’ compensation code does not authorize a Judge of Compensation Claims to strike a duly authorized treating physician because of a fee-related problem.

Jacksonville
Workers' Compensation
In this case, the claimant sought a one-time change in physician, which was granted by the employer/carrier. A new treating physician was timely authorized, and the claimant was immediately scheduled for an appointment. 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.
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Message From the Executive Committee

Philadelphia - Headquarters
Over this past year, much has been written and said about what employees of today want from their employer, regardless of the industry. While every so-called expert and pundit has their own perspective, a few consistent themes emerge. Defense Digest, Vol. 28, No. 1, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
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After nine-week trial, unanimous defense verdict in asbestos case where $40 million in damages had been sought.

Asbestos & Mass Tort Litigation

We obtained a unanimous defense verdict after a nine-week trial in Suffolk County, New York, where the plaintiff’s counsel requested that the jury award $40 million in damages. The plaintiff was 51 years old when she was diagnosed with peritoneal mesothelioma, allegedly as a result of being exposed to asbestos-containing joint compound manufactured and sold by our client. The plaintiff, who was 56 at the time of trial, testified that she had little or no knowledge of ever being exposed to asbestos.

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