Residency at a long-term care acute facility as opposed to a skilled nursing facility.
§ 406.1 does not sanction conversion of an NTCP to an NCP for failing to file an NSTC within five days of stopping payment.
It is the disability, not the disease, that determines compensability.
Successful defense of high-stakes workers’ compensation case.
We successfully defended a workers’ compensation case that was transferred from the insurance carrier’s staff counsel after litigation and motion practice. After a settlement offer in excess of $16 million was rejected, the case went to trial. At trial, we were able to prove that an uninsured subcontractor was hired by the general contractor, who was the actual employer of the injured worker. Under New Jersey Law, this means that the general contractor is responsible for the workers' compensation benefits for the petitioner.
Workers’ compensation defense verdict for a prominent health care system.
The petitioner filed a motion for additional medical and temporary disability benefits, essentially alleging she was permanently and totally disabled from prior compensable shoulder and leg injuries. After a three-day trial and extensive briefing, the judge dismissed the motion. He determined that, despite the compensable injuries, the petitioner had plateaued medically and was not entitled to any further benefits.
Defense verdict for school district.
We obtained a defense verdict after a one-week trial in the U.S. District Court for the Eastern District of Pennsylvania. The case involved alleged race, gender and/or “intersectional” (race and gender) discrimination claims by two women against a Philadelphia area school district.
Summary judgment on behalf of a local municipality and police sergeant.
The plaintiff’s wife reported to police that the plaintiff tried to kill her by firing a shotgun at her while she slept. Following a thorough investigation and witness interviews, police arrested the plaintiff and charged him with attempted murder. The next day, the wife recanted her story and told police that she was the one who fired a shotgun in the couple’s home in an effort to frame her husband for attempted murder. Police immediately had the plaintiff released from prison. The wife was later charged with, and pleaded guilty to, making false statements to authorities.
Dismissal of $10 million tortious interference and defamation case against attorney.
Marshall Dennehey successfully argued pre-trial motions to dismiss in the Superior Court of New Jersey, Camden County in a matter involving a $10 million tortious interference and defamation case filed on behalf of investors against an attorney and bank counsel arising out of a multi-million dollar loan for a commercial land transaction. The allegations against the attorney included slander and a claim for tortious interference, with prospective economic advantage for a contract that the plaintiff entered into with the investor.