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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.
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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.
Appellate Division orders petitioner to pay costs and fees after his unsuccessful attempt to re-litigate his original claim.
On January 29, 2008, the petitioner was working as a bus driver when his bus was involved in an accident. He filed a claim petition, which was dismissed with prejudice on October 4, 2020, for failure to sustain his burden of proof.
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.
Appellate Division reverses Superior Court’s order, vacates the transfer order, and remands the case to enter an order denying motion to dismiss.
Under the New Jersey Workers’ Compensation Act, “each and every member of a volunteer fire company doing public fire duty . . .
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.
Pennsylvania Supreme Court adopts as law a “no coverage” exception to the equitable rule, precluding an insurer from pursuing subrogation against its own insured.
In the course and scope of his employment as a shipwright, the claimant slipped and fell on an icy sidewalk on the employer’s premises, sustaining injuries. The employer had a commercial hull policy from Acadia Insurance Company, the insurer.
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.
A Utilization Review request that does not list all of a claimant’s treating providers does not render the request or the UR Determination invalid.
In this case, following the claimant’s April 2000 work injury, a C&R Agreement was approved by a Workers’ Compensation Judge and the medical portion of the claimant’s claim remained open.
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.