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

 







Document(s) published by this organization: 120


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HTMLAn Impairment Rating Given For a Medical Condition That Is Not Part Of the Recognized Work Injury Will Not Bar the Employer from Obtaining a Termination for the Official Work Injury
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
The claimant sustained a work-related injury to his right ankle. The employer issued a notice of compensation payable (NCP) acknowledging the right ankle sprain, and the claimant received temporary total disability benefits. The claimant was later seen for an IRE and was given a 13% impairment, and...

 

HTMLEmployer Not Obligated To Reinstate Benefits or Show Continuing Availability of Suitable Work When Claimant, With Residual Disability Seeking To Return To Light-Duty Job, Suffers Non-Work-Related Total Disability Preventing Him from Working At All.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
In June 1996, while working under permanent, light-duty restrictions, the claimant suffered a work injury to his right knee. The claimant filed a claim petition, and benefits were awarded after a Workers’ Compensation Judge granted the petition. Shortly after the June 1996, injury, the...

 

HTMLAn Employee Injured In a Motor Vehicle Accident That Occurs When He Is Returning To the Workplace from a Lunch Break Was Not Within the Course and Scope of His Employment
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
This case involved a petition to determine compensation due filed on behalf of the claimant alleging that his motor vehicle accident on July 2, 2012, occurred during the course and scope of his employment and, therefore, was compensable.

 

HTMLExclusion of Expert’s Video Simulation, Because Its Probative Value Was Substantially Outweighed By The Possibility Of Unfair Prejudice, Is Not An Abuse Of Discretion Because The Simulation Could Have Caused Jury To Improperly Defer To Expert’s Opinion
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
In this automobile accident case, the Fourth District Court held that a trial court’s exclusion of a video simulation—because its probative value was substantially outweighed by the possibility of unfair prejudice—was not an abuse of discretion as it could have caused the jury to...

 

HTMLIn Order for an Expert’s Testimony on Permanency to Be Impeached, or Otherwise Rebutted, the Jury’s Ability to Reject the Testimony Must Be Based on Some Reasonable Basis in the Evidence
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
The defendants in this automobile negligence case appealed an order granting the plaintiff a new trial on the issue of damages after the trial court directed a verdict on the issue of permanency regarding one of the claimed injuries. The directed verdict was entered on a renewed motion for directed...

 

HTMLPetitioner’s Claim Dismissed Based on an Adverse Inference Drawn from Petitioner’s Failure to Produce Either the Testimony or Records of His Treating Cardiologist
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
The petitioner was employed by the respondent from 1961 through 1974 and again from 1986 though his retirement in 1999. The majority of the petitioner’s career with the respondent was spent as a vehicle maintenance foreman, where he supervised the maintenance of cars, trucks and heavy...

 

HTMLThe Supreme Court of Pennsylvania clarifies Section 413 (a) of the Pennsylvania Workers’ Compensation Act
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
This case involved a claimant who sought a reinstatement of temporary total disability benefits after the 500-week period of partial disability had long since expired. The claimant was injured in January of 1989. In September of 1989, the claimant returned to work with no loss of earnings, and...

 

HTMLPennsylvania Supreme Court Holds That A Pennsylvania State Trooper Who Struck and Killed A Woman with His Patrol Car Was Entitled To Benefits for A Psychic Injury Due To Abnormal Working Conditions
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 2, 2014, previously published on January 2, 2014
The claimant, a trooper for the Pennsylvania State Police, was driving his patrol car early on a dark morning when a woman, dressed all in black, suddenly ran in front of his vehicle and was struck by the car. The claimant immediately pulled the car into the traffic lane and rushed to help the...

 

HTMLBankruptcy Fraud—Tactics for the Effective Use of a Plaintiff’s Bankruptcy Filing in Defending Civil Claims
Nicholas D. Bowers; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
As most any seasoned claim handler can attest, it is not uncommon to come across a civil plaintiff who has pursued or is actively pursuing a petition for bankruptcy in the federal courts, separate and apart from his or her civil claim. As is set forth in detail below, these bankruptcy filings can...

 

HTMLContractually Limiting Individual Liability for Design Professionals Using Florida’s New Legislation
Michael J. DeCandio, Amanda Ingersoll, R. Thomas Roberts; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
In Moransais v. Heathman, 702 So. 2d 601 (Fla. 2d DCA 1997), Philippe Moransais hired a professional engineering corporation to perform an inspection of a home he had contracted to purchase. Two engineers employed by the corporation, Jordan and Sauls, performed the home inspection. Relying upon the...

 


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