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Under Section 410 of the Act, the claimant’s widow was not barred from receiving a workers’ compensation judge’s award of specific loss benefits made to a claimant who passed away from his work injuries during litigation.
On October 11, 2011, the claimant sustained a work injury in the nature of incomplete tetraplegia (paralysis of all four limbs), with depression and anxiety, and began receiving temporary total disability (TTD) benefits.
What’s Hot in Workers’ Comp, Vol. 29, No.
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What’s Hot in Workers’ Comp, Vol. 29, No.
Legal Update for Special Education Law – Case Law Update
Due to the situation-specific nature of parental involvement in educational decisions, nonparticipation in one decision due to a procedural inadequacy is not automatically a major barrier to a parent’s input in the overall decision-making
Legal Update for Special Education Law – January 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest
Ohio Supreme Court Holds Ohio’s Tolling Statute Does Not Violate Federal Commerce Clause as Applied to a Physician Who Leaves the State to Practice Medicine Elsewhere
The Ohio Supreme Court examined the constitutionality of Ohio’s tolling statute, R.C. 2305.15, as it relates to a physician who was sued for medical malpractice.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Rejects Fraudulent Joinder Theory, Keeping Insurance Agent in Case
The U.S.
Case Law Alerts, 1st Quarter, Janu
Insurance Policies, Including Exclusions, Need to Be Clear and Unambiguous, According to Delaware Court
A Delaware gun dealer, which also operates a shooting range for which it rents firearms, sued its insurer and its insurance broker in a matter arising from the insurer’s refusal to provide defense or indemnification in an underlying lawsuit brough
Case Law Alerts, 1st Quarter, Janu
Motion for Remittitur Denied by Delaware Court Where Verdict Not Deemed Grossly Excessive
The defendant was dropping off his sister (the plaintiff) at a Goodwill store in Wilmington, Delaware.
Case Law Alerts, 1st Quarter, Janu
New Jersey Court Finds No Duty of Care Owed When Risk of Harm Is Not Forseeable
In this personal injury case, the plaintiff, Mildred Green, appealed from a trial court order granting summary judgment to the defendants, Arboleda Guapacha and Vidal.
Case Law Alerts, 1st Quarter, Janu
Summary Judgment Granted by New York Court on Issue of Comparative Negligence
In an action to recover damages for personal injuries, the plaintiff appealed from an order of the Supreme Court, Nassau County, granting the motion of the defendants, Paul Edward Destocki and PNH Intercontinental Corp., for summary judgment, dism
Case Law Alerts, 1st Quarter, Janu
Ohio Court of Appeals Finds No Duty of Care by Contractual Obligation
The appellant, Monica Peters, individually and as administratrix for the Estate of Christopher Peters, deceased, appealed the trial court’s decision granting the motions to dismiss and motions for judgment on the pleadings filed by the appellees,
Case Law Alerts, 1st Quarter, Janu