Commonwealth Court holds that the Section 319 subrogation provision of the Act is absolute and does not violate constitutionally protected rights in contravention of the Pennsylvania Constitution.

King of Prussia
Workers' Compensation
In this case, the claimant sustained a work injury in April of 2016 when struck by a motor vehicle while performing road work. The employer paid the claimant benefits under a Notice of Compensation Payable. 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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Injury sustained by the claimant on his way to take a cigarette break and get a sandwich was compensable under the “personal comfort” doctrine.

King of Prussia
Workers' Compensation
The claimant, who was the recipient of Social Security Disability (SSD) benefits due to a mental health condition, worked in a part-time capacity for an employer that found jobs for individuals on SSD seeking supplemental income. 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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While the Workers’ Compensation Act is to be construed liberally, coverage cannot be found if there is a clear disregard of the statutory requirement.

Mount Laurel
Workers' Compensation
The Appellate Division reversed the workers’ compensation court’s orders denying E.W. Millwork’s motion to dismiss and for reconsideration. On August 27, 2003, the petitioner was injured while working for E.W. Millwork. 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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New Jersey Supreme Court finds that the petitioner was entitled to workers’ compensation benefits in applying the premises rule.

Mount Laurel
Workers' Compensation
The New Jersey Supreme Court reversed the Appellate Division’s decision which had found the petitioner’s injuries did not arise out of and in the course of employment. 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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Calculation of average weekly wage not always limited to money paid in 13-week period prior to work accident, but can include monies (bonus) earned during that period but is not received until later date outside that period.

Jacksonville
Workers' Compensation
The claimant worked as an executive assistant for the City of Aventura. After sustaining a compensable work accident on February 27, 2020, she continued to work and received an annual merit bonus on August 6, 2020. 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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DEFENSE PREVAILS IN JURY TRIAL ON UNDERINSURED MOTORIST CLAIM

Insurance Services – Coverage & Bad Faith Litigation
Automobile Liability

We prevailed in a jury trial on a UM claim in Hillsborough County’s 13th Judicial Circuit. The plaintiff claimed he suffered permanent and debilitating injuries in a rear-end collision in Tampa, Florida. Liability was admitted, but the extent of the plaintiff’s injuries was in dispute. The plaintiff asked the jury to award him $500,000 for past and future damages.  The jury found there was no permanent injury and awarded $25,000 for past medical expenses only.

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Judge agrees that claimant was not on a “special mission.”

Workers' Compensation

We defended a claim petition and penalty petition wherein the claimant alleged serious neck and back injuries as a result of a work-related motor vehicle accident. We convinced the judge that the claimant was not in the course and scope of employment at the time of injury and, therefore, his claim was barred. The judge noted that, based on claimant’s testimony on cross examination, he had a legal address in North Carolina but was allegedly leasing an apartment in Newtown Square, Pa. He alleged he was on a special mission on the date of injury, traveling to an office owned by the employer.

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