Legal Articles: Marshall Dennehey Warner Coleman & Goggin, P.C.

 







Document(s) published by this organization: 119


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HTMLJury Finds in Favor of Defense in Philly Benzene Case
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
In the case of Estate of David Butler v. Sunoco, March Term 2012, No. 1641, tried before Judge Rosalyn Robinson in the Philadelphia Court of Common Pleas, the jury returned a unanimous verdict in favor of the defendant, Sunoco, where it was alleged that use of the defendant's gasoline caused the...

 

HTMLDelaware Supreme Court Reverses $2.8 Million Verdict
Armand J. Della Porta, Paul C. Johnson, Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 1, 2014
The Delaware Supreme Court reversed a verdict in favor of the Plaintiff, the Estate of Michael Galliher, on the grounds that the trial court failed to instruct the jury as to the responsibility of the employer and because the Plaintiff's expert, Dr. Barry Castleman, gave inflammatory testimony. The...

 

Adobe PDFSupreme Court of New Jersey Holds That Cardiovascular Death Is Not Compensable
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
In its July 30, 2014, decision of James P. Renner v. AT&T (A-71-11) (068744), the New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Renner that the decedent husband/petitioner failed to sustain...

 

Adobe PDFHouse Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...

 

Adobe PDFEmployer Bears Burden of Proving Claimant’s Loss of Earning Power is Due to Lack of U.S. Citizenship
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 5, 2014, previously published on August 1, 2014
The claimant filed a claim petition alleging that he sustained a work injury on July 19, 2008, while working as a truck driver for the employer. At a hearing held before the Workers’ Compensation Judge, the employer’s attorney cross examined the claimant, who was born in Ecuador and had...

 

HTMLCourts Differ on Healthcare Reform
Mark L. Mattioli; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
Yesterday, two separate courts of appeals rendered contrary decisions on whether the subsidy provision of the Affordable Care Act (ACA) applies in states that have opted not to run their own insurance exchanges. Cur­rently, only 14 states have established their own exchanges, while 36 states,...

 

HTMLAward of Benefits Reversed Due to Failure to Properly Weigh the Testimony of Petitioner’s and Respondent’s Competing Medical Experts
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The petitioner had been employed as a fleet service agent with the respondent since 1981. His job responsibilities included loading and unloading baggage from planes, working in the bag room, placing baggage on carts, driving diesel and gas tugs, driving the equipment to move planes from the ramp...

 

HTMLNew Jersey Supreme Court Reverses an Appellate Division Decision Employing an Overly Expansive Interpretation of the Premises Rule
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
As the petitioner’s employer, the respondent assigned the petitioner free parking at a private garage located about two blocks from her workplace. The respondent paid for 65 parking spaces for its employees at this private garage, provided each employee with a scan card so that they could...

 

HTMLModification Petition is Based on Results of Ire Was Properly Dismissed Because Ire Physician Failed to Satisfy §306 (a.2) Of Act by Not Being Active in Clinical Practice for At Least 20 Hours per Week
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant was receiving workers’ compensation benefits for injuries he sustained in a work-related motor vehicle accident. The employer filed a request with the Bureau to designate a physician to perform an IRE. The physician selected performed the IRE and concluded that the claimant had...

 

HTMLPolitical Subdivision Tort Claims Act Provides Immunity to County and County Nursing Home for Wrongful Discharge of One of Its Employees
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The plaintiff worked for the county as a nurse’s aide for eight years, until she was terminated due to drug testing results. Prior to her discharge, the plaintiff had injured her neck and back at work while assisting a co-worker in lifting a 300-pound patient. Lewis filed a claim under the...

 


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