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

 







Document(s) published by this organization: 108


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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 Employer’s Making of Medical Payments Over An 18-Month Period was done Under a Feeling of Compulsion and Thereby Tolled the Statute Of Limitations
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
This case was tried before the Superior Court regarding the employer’s appeal from a Board decision that granted the claimant’s petition to determine additional compensation due by awarding payment of medical expenses as well as a counsel fee. The Board had concluded that the...

 

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...

 

HTMLPA Supreme Court Holds That Employer’s Burden Of Proof When Seeking Modification Of Benefits Based On Labor Market Survey Requires Showing Existence Of Open Jobs Claimant Is Capable Of Filling, Not Simply The Existence Of Jobs That Already Filled
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
In this case, the claimant sustained a work-related injury to her left shoulder. The claimant received physical therapy, and three surgeries were performed on the shoulder. The employer later filed a modification petition based on the results of two labor market surveys.

 

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...

 

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.

 

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...

 

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...

 


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