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SIU Spotlight, Issue 2, Vol. 1, March 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers.
SIU Spotlight - 2024-Present
SIU Spotlight, Issue 2, Vol. 1, March 2025
SIU Spotlight, Issue 1, Vol. 1, July 2024
Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is Unconstitutional as Applied
On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of an infection he contra
[1] A party may challenge the constitutionality of a statute in two ways: facially or as applied. A facial challenge applies to every conceivable circumstance in which the statute would be valid.
Legal Updates for Health Care Liability – February 25, 2025
Petition to terminate total disability benefits for claimant who had light-duty restrictions that could not be accommodated denied; claimant had reasonable expectation of returning to pre-injury job with same employer when his condition improved.
On November 4, 2023, the claimant injured his left knee in a compensable work accident that required surgery to his patella. He had to switch doctors after his first treating surgeon passed away.
What’s Hot in Workers’ Comp, Vol. 29, No.
Treatment with authorized provider tolls statute of limitations, although treatment occurred without employer/carrier’s knowledge and was billed to private health insurance, as it was similar in nature to previously authorized treatment.
The First District Court of Appeal issued another opinion in the ongoing statute of limitations saga triggered by the 2023 opinion in Ortiz v. Winn-Dixie, Inc., 361 So. 3d 889 (Fla. 1st DCA 2023) (Ortiz I).
What’s Hot in Workers’ Comp, Vol. 29, No.
New Jersey Workers’ Compensation Legislation Update
Since the holidays and the start of the new year, there have been no new New Jersey appellate decisions in workers’ compensation.
What’s Hot in Workers’ Comp, Vol. 29, No.
Right to subrogation for medical bill payments not waived by failing to properly preserve issue at all stages of litigation, including appellate stage, and appeal not subject to immediate dismissal due to technical defect promptly and properly cured.
Wayne Deloatch filed a Claim Petition, pursuant to Section 108(r) of the Act, alleging he suffered from non-small cell lung cancer, resulting from direct exposure to Group 1 carcinogens while working as a firefighter for the employer.
What’s Hot in Workers’ Comp, Vol. 29, No.
Claimant’s average weekly wage was properly calculated based on a 40-hour work week, even though he only worked a total of 10 days in the year preceding the work injury.
The claimant was employed by the employer as a corrections officer. He filed a Claim Petition alleging that on July 27, 2018, he was attacked by an inmate and sustained physical injuries.
What’s Hot in Workers’ Comp, Vol. 29, No.
Claimant’s conversation with fellow firefighter about Act 46 cancer presumption was not the date he became aware of his cancer’s relationship to his employment; therefore, notice was properly given and claimant’s Claim Petition was timely filed.
This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46 firefighter/cancer claim, alleging he sustained colon cancer as of August 23, 2019.
What’s Hot in Workers’ Comp, Vol. 29, No.