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

 







Document(s) published by this organization: 116


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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,...

 

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...

 

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...

 

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...

 

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...

 

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...

 

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...

 

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...

 

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...

 


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