Publications
Sixth District Court of Appeals Says Fourth District Got It Wrong: Florida’s Pre-Suit Notice Requirement Does Not Apply Retroactively
In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply retroa
Legal Update for Insurance Services, January 8, 2024, has been prepared for our readers by Marshall Dennehey.
Third Circuit Clarifies Availability of Qualified Immunity for Police Officers Accused of Deliberate Indifference to Arrestees’ Need for Medical Care Following Ingestion of Narcotics
In Thomas v. City of Harrisburg, et al., 2023 WL 8461096 (3d Cir. Dec.
Legal Update for Public Entity & Civil Rights Litigation, January 3, 2024, has been prepared for our readers by Marshall Dennehey.
Superior Court affirms decision that claimant failed to prove she contracted COVID-19 at work, but does not reach issue of whether COVID-19 qualifies as an occupational disease for a nurse who worked in the “COVID wing” of a hospital.
Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some point in October 2020 and was hospitalized on October 21, 2020. Her sons contracted the virus at the same time.
What’s Hot in Workers’ Comp, Vol. 28, No.
The employer/carrier was unable to overcome presumption, and COVID-19 found to be work-related for firefighter, requiring heart transplant.
The claimant, a firefighter, was hired in 1993 after passing a pre-employment physical. Later in the early 2000s, a cardiac condition was accepted as compensable.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division affirmed a Law Division order dismissing the plaintiff’s complaint with prejudice for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted.
Hudson Regional Hospital, located in Secaucus, New Jersey, provided treatment to five New York residents for injuries sustained in New York while working for their New York employers.
What’s Hot in Workers’ Comp, Vol. 28, No.
New Jersey Supreme Court affirmed Appellate Division’s findings, noting the petitioner was in the course and scope of his employment under the Authorized Vehicle Rule as he was using a company car expressly authorized by the employer.
The New Jersey Supreme Court affirmed the Appellate Division’s decision, reinstated the claim petition, and remanded for further proceedings.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division affirmed the trial court, noting the defendants’ actions did not reach the high bar to apply the intentional wrong exception.
The plaintiff injured his right eye while working with a mixer that had been modified, resulting in the loss of his eye and the permanent need for a prosthetic. He filed a workers’ compensation claim and a complaint against the defendants.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division affirmed the workers’ compensation judge’s orders, granting the petitioner’s application for Temporary Total Disability benefits and denying respondent’s Request for Reconsideration.
The petitioner was injured in 2018 and resolved her case for 25% partial-total disability in 2021. In 2018, she had returned to work for Complete Care as a certified nursing assistant and, in 2019, as a home health aide for Interim Agency.
What’s Hot in Workers’ Comp, Vol. 28, No.
Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act.
In this case, the claimant, an attorney, sustained a work injury on April 14, 2017, while loading files into a trial bag. Benefits were awarded pursuant to a Claim Petition granted by a workers’ compensation judge.
What’s Hot in Workers’ Comp, Vol. 28, No.
Commonwealth Court holds that a truck driver was not subjected to abnormal working conditions from a minor truck fire that was extinguished in two minutes and without physical injury occurring to anyone.
In his Claim Petition, the claimant alleged he sustained Post Traumatic Stress Disorder (PTSD) in February 2015, when the tractor-trailer he was driving caught fire.
What’s Hot in Workers’ Comp, Vol. 28, No.