New Jersey Supreme Court Once Again Affirms Employers’ Subrogation Rights
Defense Digest, Vol. 26, No.
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Where an employer was on notice of a claimant’s work injury and did not timely issue an NCP as required by the Act, there was no reasonable basis to contest the claim petition and an award of attorney fees under § 440(a) of the Act should have been made.
The claimant sustained a work injury to his left arm on February 27, 2016, and gave the employer notice of the injury
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Commonwealth Court holds that Act 111, which implemented the new IRE provisions under § 306(a.3) of the Act, was not a substantive change of the law and could not be applied retroactively, absent a clear legislative intent to do so.
In this case, at the time of Act 111’s enactment in October of 2018, the employer had pending an appeal of a judge’s d
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A claimant who raises a Protz challenge to a pre-Protz IRE on the basis that the IRE was unconstitutional is entitled to a reinstatement of temporary total disability benefits as of the date the reinstatement petition is filed and not the date of the IRE.
Following the claimant’s January 2005 work injury, she underwent an Impairment Rating Evaluation in December 2013.
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Medical reports offered by the claimant to corroborate the testimony of her medical expert were hearsay and were properly excluded from evidence in a termination petition.
The claimant sustained a work-related low back injury from a motor vehicle accident she was involved in while travelli
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Disability must be established to a reasonable degree of medical certainty based on objective relevant medical findings. A judge may reject in whole or part uncontroverted testimony that he or she does not believe.
The claimant appealed the judge’s denial of temporary indemnity benefits for a specific period.
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Court finds that failure to object on specificity grounds, where specificity would show ripeness, waives challenge to ripeness. IME opinions are admissible and can support claim for specific medical benefits.
The claimant appealed an order from Judge Winn denying right knee surgery.
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4th DCA lays out the fundamentals of post-judgment awards and the applicability of setoffs.
Florida law allows for the challenging of a post-judgment award as being excessive.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments