Publications
The New Jersey Appellate Court reverses dismissal of the workers’ compensation claim under premises rule.
The Appellate Division reversed the Workers’ Compensation Judge’s dismissal of a claim based on the conclusion that the accident had not taken place in the course of the petitioner’s employment.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Judge did not abuse her discretion in imposing a 50% penalty against the employer for refusing to pay fatal claim benefits because her decision awarding benefits contained an incorrect benefit rate and there was no evidence regarding the decedent’s wages.
A workers’ compensation judge issued a decision granting a fatal claim petition and ordered payment of ongoing weekly benefits to the claimant at the rate of 50% of the decedent’s average weekly wage at the time he last worked in 2010.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Commonwealth Court upholds a decision to enforce a prior judicially approved C&R Agreement wherein the claimant agreed to cooperate by signing Medicare Set-Aside paperwork and later refused.
The claimant settled his workers’ compensation claim by a Compromise and Release Agreement (C&R).
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
What's Hot in Workers' Comp - News and Results*
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What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
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