Publications
Claimant’s Failure to Complete and Return a Required Wage and Benefit Reporting Form (LIBC-760) Is Not Proper Grounds to Withhold Payment of Benefits Ordered by a Workers’ Compensation Judge.
In this case, the claimant sustained a work injury on June 6, 2017, and subsequently filed a claim petition.
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.
Claimant’s Receipt of Full Salary Benefits Under Act 534 Constitutes Receipt of Total Disability Compensation Under § 306 (a) of the Act For Purposes of Triggering an Act 111 IRE.
In this case, the employer filed a petition to modify the claimant’s benefits based on the results of an impairment rating evaluation (IRE) performed following two work injuries sustained by the claimant.
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 - News and Results*
NEWS
Ben Durstein (Wilmington) presented “The Do’s and Don’ts of Workers’ Compensation Practice” on behalf of the Delaware State Bar Association on May 3, 2022.
RESULTS*
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.
DE Supreme Court affirms Board’s decision that the claimant failed to meet his burden to prove he sustained a permanent impairment to the cervical spine that was causally related to an accepted work accident.
On August 3, 2017, Mr. Shipmon sustained compensable injuries when he fell off a stool while employed as a constable at Delaware Technical Community College.
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.
Where do we stand with regard to compensability of trip and fall cases since the 2019 Valcourt-Williams decision? Two recent First District Court of Appeal decisions attempt to clear up any confusion.
In Silberberg, the First District Court of Appeal wrote: “Then there is Valcourt-Williams, about which there has been some misunderstanding with regard to its scope and significance.
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 remands a workers’ compensation order dismissing a petitioner’s case for exceeding the statute of limitations.
In this case, the Appellate Division vacated the November 8, 2019, order dismissing the petitioner’s application for review or modification of an award and remanded to the lower court.
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.
Injuries sustained by claimant in a motor vehicle accident that occurred on the drive home from work were compensable through the employment contract exception to the “going and coming rule.”
In this case, the claimant had worked for four years as a seasonal laborer for the employer, installing rebar for in-ground swimming pools. The employer was the sole owner of the business.
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 - News and Results*
NEWS
RESULTS*
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.
Superior Court overturns Board’s decision that had denied claimant’s petition alleging he contracted COVID-19 from workplace exposure.
In January 2021, we reported on the Board’s December 31, 2020, decision that was the first Delaware decision involving a claim for COVID-19.
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 reverses because the workers’ compensation code does not authorize a Judge of Compensation Claims to strike a duly authorized treating physician because of a fee-related problem.
In this case, the claimant sought a one-time change in physician, which was granted by the employer/carrier. A new treating physician was timely authorized, and the claimant was immediately scheduled for an appointment.
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.