| Marshall Dennehey

The nurse case manager did not meet the definition of a qualified rehabilitation provider; therefore, the motion for protective order was granted.

January 1, 2020

The claimant filed a motion for protective order, seeking to preclude the nurse case ma Case Law Alerts, 1st Quarter, January 2020 is prepar

There is no entitlement to allow claimant’s attorney and a court reporter or videographer to attend examination with an authorized treating provider.

Jacksonville

Workers' Compensation

January 1, 2020

This case involves a compensable low back injury. The claimant requested a one-time change of physician, which the carrier authorized. Case Law Alerts, 1st Quarter, January 2020 is prepar

Once the carrier authorizes medical treatment, they are not obligated to accept claimant’s self-help physicians.

Jacksonville

Workers' Compensation

January 1, 2020

This case involved a work accident that was not initially reported to the carrier by the employer. Case Law Alerts, 1st Quarter, January 2020 is prepar

Judge of compensation claims should not speculate about claimant’s future employment with regard to Social Security entitlement and supplemental benefits.

Jacksonville

Workers' Compensation

January 1, 2020

The insurance carrier accepted the claimant as permanently and totally disabled and pai Case Law Alerts, 1st Quarter, January 2020 is prepar

Commonwealth Court dismisses AFL-CIO action to have the Act’s new IRE provision declared unconstitutional.

King of Prussia

Workers' Compensation

January 1, 2020

The AFL-CIO brought an action seeking to have § 306(a.3) of the Pennsylvania Workers’ C Case Law Alerts, 1st Quarter, January 2020 is prepar

Can an employer use “no liability” C&R Agreement to challenge jurisdiction in fee review matter?

King of Prussia

Workers' Compensation

January 1, 2020

The parties presented a C&R Agreement to the workers’ compensation judge, which sta Case Law Alerts, 1st Quarter, January 2020 is prepar

An injury report form is not comparable to a tort claims notice.

Mount Laurel

Public Entity & Civil Rights Litigation

January 1, 2020

The plaintiff slipped and fell on ice and filled out an injury report form addressed to Rutgers Department of Risk Management and Insurance. Case Law Alerts, 1st Quarter, January 2020 is prepar

Phishing scheme is covered under a commercial crime policy.

Fort Lauderdale

Insurance Services – Coverage & Bad Faith Litigation

January 1, 2020

The district court held that the loss of more than $1.7 million to a sophisticated phishing scheme was covered under the commercial crime insurance policy and Case Law Alerts, 1st Quarter, January 2020 is prepar

A low but reasonable estimate of the insured's losses will not support a bad faith claim.

Philadelphia - Headquarters

Insurance Services – Coverage & Bad Faith Litigation

January 1, 2020

The U.S. Case Law Alerts, 1st Quarter, January 2020 is prepar

Waiver of or abandonment of attorney’s fees entitlement for prevailing party must be specifically indicated in settlement agreement or the right to recovery remains.

Mount Laurel

Employment Law

January 1, 2020

The plaintiffs brought an action under the New Jersey Law Against Discrimination and Fair Housing Act premised upon claims of religious discrimination. Case Law Alerts, 1st Quarter, January 2020 is prepar

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