Publications
Court affirms Board’s decision, rejects employer’s arguments it was denied due process of law by refusal to allow certain evidence and improper determination that implied agreement existed for more severe injury than what was agreed to by the parties.
Ms. Gallagher injured her low back in a work accident on June 13, 2018. The employer acknowledged the accident and paid total disability benefits, medical expenses and a 7% permanent impairment to the lumbar spine.
What’s Hot in Workers’ Comp
Court finds that claimant’s counsel was due a fee by the employer/carrier on an increase in the claimant’s average weekly wage.
The claimant requested adjustment of the average weekly wage as well as fee entitlement to claimant’s counsel.
What’s Hot in Workers’ Comp
The Appellate Division Affirms Dismissal of Petitioner’s Three Claim Petitions for Failure to Sustain Burden of Proof.
The petitioner began working for the respondent in 1999. In 2001, she was struck by a car and her right hand went through the windshield. She underwent surgery to repair her hand and another later to remove a neuroma.
What’s Hot in Workers’ Comp
The IRE process for injuries rated is not confined to those injuries described in prior decisions. Section 306 (a.3)(1) of the Act allows for discretion by the IRE physician to determine what diagnoses are due to the work injury.
The claimant sustained work injuries to his low back and left knee in 1999 after falling from a ladder.
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What’s Hot in Workers’ Comp – Special PA Alert
The Supreme Court of the United States issued a decision affirming Medicaid’s right to seek reimbursement from a settlement amount allocated for past and future medical care. In Gallardo v.
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.
What's Hot in Workers' Comp - Special DE Alert
The Secretary of Labor, Karryl Hubbard, has announced the average weekly wage in Delaware for calendar year 2021 is $1,234.04. This wage figure was derived from data from employers participating in the State’s unemployment insurance system.
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.
The Board Dismisses Petition that Sought Benefits for a Workplace COVID-19 Exposure for Lack of Jurisdiction, But Concluded that COVID-19 “Can Certainly Be a Compensable Occupational Disease in a Proper Situation.”
The claimant tested positive for COVID-19 on June 19, 2020, and passed away on July 10, 2020, from what his surviving spouse alleges were COVID-related complications.
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.
First District Court of Appeal Attempts to Clarify Traveling Status and Exclusive Personal Use of Vehicle With Regard to the Going and Coming Rule.
The claimant, an air conditioning service technician, was injured in August 2020 while performing service calls within a four-county area.
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.
The Appellate Division Affirms Summary Judgment for the Defendants, Partly Due to Special Employer Relationship.
The Appellate Division affirmed the dismissal of the plaintiff’s complaint via summary judgment filed by the defendants, Hartz Metro Fee II, LLC (warehouse owner) and N.Y. Mutual Trading, Inc. (tenant and “special employer”).
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.