Publications
Failure to Complete Public Entity’s Official Notice of Tort Claim Form Not Substantial Compliance
In Gartenberg v. City of Hackensack, the plaintiff fell and was injured while walking on a sidewalk and alleged that the sidewalk was dilapidated, causing her to fall.
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Col
Pennsylvania Superior Court Strikes Down the Regular Use Exclusion
Rush v. Erie Insurance Exchange, No. 1443 EDA 2020 (Pa. Super. Oct. 22, 2021)
Legal Updates for Insurance Services – October 25, 2021, has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Pennsylvania Federal Court Takes a Bite Out of Restaurant’s COVID/Business Interruption Coverage Claims Against Insurance Broker
A Pennsylvania federal court recently dismissed claims asserted against an insurance broker for breach of contract and declaratory judgment in connection with a COVID-related business interruption loss in State Street Restaurant Group, Inc.
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Col
What's Hot in Workers' Comp - Special PA Alert*
In the October issue of the What’s Hot, issued on September 29, 2021, we reported that the Disaster Declaration, which suspended Section 449 of the Pennsylvania Workers’ Compensation Act requiring the attestation of the claimant's signature on a C
What's Hot in Workers' Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal develop
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
The Appellate Court affirms dismissal of claim for plaintiff’s failure to demonstrate his injury was in the course and scope of his employment.
The Appellate Division affirmed a workers’ compensation decision to dismiss a claim petition with prejudice and deny the petitioner’s motion for benefits.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
An attempt to reopen a claim under Protz II is time barred under § 413(a) of the Act as the attempt was made more than three years from the last date benefit payments were received.
The claimant underwent an Impairment Rating Evaluation (IRE) on April 28, 2003.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Reinstatement of benefits was retroactive to the date of a post-Protz II reinstatement petition filed in 2019 and not retroactive to the date of the 2009 IRE.
The claimant sustained a work injury in June of 2006. In June of 2009, he was seen for an Impairment Rating Evaluation (IRE) and given an impairment rating of less than 50%.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Filing notice of temporary compensation payable paying indemnity benefits and then medical-only notice of compensation payable to stop payment does not obligate employer to also file notice stopping temporary compensation payable & notice of compensation.
Following the claimant’s September 14, 2018, work injury, the employer issued a notice of temporary compensation payable (NTCP). Thereafter, a medical-only notice of compensation payable was issued.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi