Personal representative’s status will revert back to petition for benefits’ filing date, even though claimant’s counsel filed this petition and attached an older fraud acknowledgement signed by the decedent prior to his death.

Before the injured worker died, petitions for benefits had been filed identifying a January 26, 2018, date of accident. Those petitions were dismissed shortly after the injured employee’s death. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi

Defense Sends Personal Injury Lawsuit Down Amusement Park’s Lazy River

Our attorneys obtained summary judgment relief on behalf of an amusements park in a lawsuit for alleged personal injury sustained at the park’s lazy river attraction. The plaintiff and his family were business invitees at our client’s amusement and water park. The plaintiff alleged he sustained injury when he attempted to board an inner tube on the lazy river attraction, which was staffed by certified lifeguards.

Federal Court Lawsuit Against Insurance Broker Dismissed.

We obtained dismissal of claims asserted against our insurance broker client for breach of contract and declaratory judgment in connection with a COVID-related business interruption loss. The Court granted our Motion to Dismiss, determining that plaintiff restaurant lacked a viable breach of contract claim against the insurance broker, and thus that the derivative declaratory judgment claim also failed as a matter of law.