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

 







Document(s) published by this organization: 119


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HTMLEmployer Has Legal Basis to Deny Paying for Claimant’s Narcotic Medication on Causation Grounds Because Claimant Was Arrested and Charged with Illegally Selling the Medication Prescribed for His Work Injury
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant had sustained a low back injury on July 26, 2011, which was accepted as compensable. He underwent two back surgeries and was receiving narcotic medications. His total disability benefits had been terminated in February 2014, and he was receiving partial disability benefits. In March...

 

HTMLAppellate Division Affirms Perceived Inadequate Fee Award on Motion for Medical and/or Temporary Benefits
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
On July 13, 2007, the petitioner was injured when he slipped and fell on the respondent’s premises. Prior to filing a claim with the Division of Workers’ Compensation, the petitioner’s injury was deemed compensable by the respondent’s workers’ compensation carrier, and...

 

HTMLPresumption of Prejudice Does Not Exist in Every Case Where an Employer Seeks to Recover an Overpayment of Compensation Made to a Claimant Who is Also Receiving a Pension
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant, a firefighter, sustained a work injury. The employer accepted liability and paid the claimant Heart and Lung benefits equal to his full salary for over a year after the injury. The claimant then elected to take a disability pension, and the Heart and Lung benefits were replaced with...

 

HTMLAn Order Denying Claim Made against Uninsured Employers Guaranty Fund Based on Untimely Notice Was Properly Reversed When Evidence Showed That Claimant Did Not Know of Employer’s Uninsured Status until Being Notified of That Possibility by the Bureau
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant worked for the employer as a mechanic and sustained a compression fracture injury in the course and scope of his employment. The claimant filed a claim petition, and the employer did not respond. The claimant attempted to have medical bills paid through the employer’s automobile...

 

HTMLInsurer Entitled to Subrogation under §319 of PA Workers’ Compensation Act for Injuries Sustained by Claimant While Driving Out of State during the Course and Scope of Employment
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 injured in a motor vehicle accident that took place in Delaware while in the course and scope of her employment, and she received workers’ compensation benefits pursuant to the Pennsylvania Workers’ Compensation Act. The claimant then reached a settlement of a third...

 

HTMLPolitical Subdivision Tort Claims Act Bars Claims Sustained Due to Accident With Vehicle Stolen From Local Agency. Motor Vehicle Exception to Governmental Immunity Applies Only Where Agent of Local Agency Actually Operated Vehicle in Question
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The tortfeasor in this matter was taken into custody by the Philadelphia Police Department, handcuffed and placed in the back of a police cruiser. Notwithstanding his restraints, he somehow managed to commandeer the police cruiser. The plaintiff was in her vehicle when the police cruiser driven by...

 

HTMLIs Paying Temporary Total Disability Benefits Still an Admission of Liability In New Jersey Workers’ Compensation?
Kristy Olivo Salvitti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 6, 2014, previously published on June 1, 2014
Respondent attorneys have long advised their clients not to fear the admission of liability when paying medical benefits based on N.J.S.A. 34:15-15. This section clearly states that “[t]he mere furnishing of medical treatment or the payment thereof by the employer shall not be construed to be...

 

HTMLTooey—The Impact on the Employer Exclusivity Protection Long Afforded by the Act
Jennifer Timmeney Callahan; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 4, 2014, previously published on June 1, 2014
Prior to the implementation of workers’ compensation laws in the United States, civil lawsuits were the only avenue for an employee to seek compensation for job-related accidents. However, the system heavily favored the employer. An employee had to prove employer negligence. The employer, in...

 

HTMLFINRA Takes Steps to Alter CRD Expungement Rules: Are More Stringent Rules Aimed Toward Disclosure on the Horizon?
Allison Livezey, Joel Wertman; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 4, 2014, previously published on June 1, 2014
During the week of February 13, 2014, the Financial Industry Regulatory Authority (FINRA) Board of Governors met to discuss a number of issues, including potential rulemaking initiatives. One issue FINRA addressed was the process by which a registered representative may have his/her public record...

 

HTMLBlame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases
Joanna D. Buchanico; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 4, 2014, previously published on June 1, 2014
While the country’s mortgage crisis is waning, banks and lenders now are facing a growing litigation trend—defending themselves in premises liability cases when the subject property is in foreclosure. When dealing with landowner defendants with limited assets, plaintiffs are now turning...

 


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