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Legal Update for Special Education Law – Case Law Update
Third Circuit finds District Court’s compensatory education award was not an abuse of discretion.
Upper Darby Sch. Dist. v. K.W. through T.B. and T.W., 2024 WL 3811990 (3rd Cir. Aug. 14, 2024)
Legal Update for Special Education Law – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of intere
Third Circuit affirmed lower court, concluding school district’s re-evaluation was appropriate, its diagnosis of autism was supported, and school district’s proposed IEP was an offer of a FAPE.
The school district re-evaluated the student during the 2021–22 school year and concluded the student was eligible to receive IDEA services based upon a primary disability category of autism. The student was also identified as gifted.
Legal Update for Special Education Law – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of intere
The Delaware Superior Court affirms Industrial Accident Board’s decision and rejects claimant’s argument on appeal that the Board’s decision to allow certain questioning from the employer’s attorney constituted a reversible abuse of discretion.
On July 19, 2017, the claimant injured his right shoulder, requiring surgery, while working for the employer.
What’s Hot in Workers’ Comp, Vol. 28, No.
Essential hypertension without evidence of disability did not meet the presumption of compensability under the Heart/Lung Bill, Fla. Stat. 112.18(1).
The claimant, a police officer, was hired on July 28, 1997, and had a pre-employment physical that was negative for hypertension. On October 7, 2021, the claimant reported to work but was not feeling well.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division affirmed granting of motion to dismiss a third-party complaint for failure to state a claim.
The employer’s insurance carrier issued a standard workers’ compensation and employers liability policy to the employer.
What’s Hot in Workers’ Comp, Vol. 28, No.
Order denying motion to dismiss for lack of coverage and finding an employer liable as a special employer affirmed by the Appellate Division.
In Urena v. A&D Freight Logistics, LLC, et al., Hartford Underwriters Insurance (Hartford) appealed from a February 15, 2022, order, denying its motion to dismiss for lack of coverage.
What’s Hot in Workers’ Comp, Vol. 28, No.
Subcontractor is employer directly liable to pay compensation and entitled to pension offset under §204(a), claimant voluntarily withdrew from workforce, entitled subcontractor to suspension of wage loss benefits.
This case involved multiple petitions, two separate decisions from a workers’ compensation judge, and appeals to the Workers’ Compensation Appeal Board and the Commonwealth Court.
What’s Hot in Workers’ Comp, Vol. 28, No.
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What’s Hot in Workers’ Comp, Vol. 28, No.
Attorney Fee Cap in Workers’ Compensation Cases Rises to 25%
On August 22, 2024, Acting Governor Nicholas Scutari signed S2822/A3986 into law.
Under R.S.34:15-64, the attorney fee cap in New Jersey workers’ compensation cases were at 20%.
What’s Hot in Workers’ Comp – Special NJ Alert – August 23, 2024,