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

 







Document(s) published by this organization: 116


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HTMLThe Expansion of Claimant’s Injuries by Judge’s Decision Granting a Review Petition Does Not Negate the Validity of a Prior Ire that was Not Challenged Within 60 Days
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 3, 2014, previously published on April 1, 2014
After the claimant sustained a work-related injury that was acknowledged by the employer, the employer issued a notice of change of workers’ compensation disability status to the claimant, based on the results of an IRE which found the claimant to have a whole body impairment of 11 percent....

 

HTMLRequests For Public Records From The Pennsylvania State Police Are Subject To Broad Exemptions.
Thomas J. Szymanski; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The Pennsylvania State Police (PSP) and Municipal Police Officers’ Education and Training Commission (MPOETC) appealed a determination of the Office of Open Records (OOR) ordering the PSP to disclose to a newspaper and reporter (Requesters) the names of all police officers accredited by the...

 

HTMLThe Division of Workers’ Compensation and the Superior Court Share Concurrent Jurisdiction to Determine Employment Status in the Context of an Exclusivity Defense
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
After the claimant sustained a work-related injury that was acknowledged by the employer, the employer issued a notice of change of workers’ compensation disability status to the claimant, based on the results of an IRE which found the claimant to have a whole body impairment of 11 percent....

 

HTMLA Judge of Compensation’s Extreme Interpretation of the Premises Rule Withstands Appellate Division Review
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The petitioner was employed as a blackjack dealer with the respondent casino. On September 19, 2012, after completing her shift, the petitioner obtained her vehicle from the respondent’s parking garage, drove along the respondent’s internal driveway, passed through the...

 

HTMLInjuries Sustained By Claimant Who, Through a State-Funded Program, Was Employed By Her Son as His Caregiver, Are Compensable Pursuant To the “Bunkhouse Rule” In That Her Presence on the Premises Was Required By the Nature of Her Employment
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
Through a state-funded program, the claimant was employed by her son to provide care for him at her residence in exchange for an hourly wage. The claimant filed a claim petition, alleging that she sustained multiple injuries when, while she was sleeping in her bed, her son (employer) cut her throat...

 

HTMLC&R Agreement That Does Not Resolve an Issue That Is On Appeal with the Board Does Not Preclude the Employer from Recovering From the Supersedeas Fund
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The claimant filed a claim petition, which was granted by the Workers’ Compensation Judge. In his decision, the Judge established the claimant’s average weekly wage and compensation rate, which the employer appealed. In connection with the appeal, the employer requested supersedeas,...

 

HTMLPatients’ Right To Access Records Of Health Care Facility/Provider Relating To Adverse Medical Incident Not Limited To Only Records Pertaining To Same/Similar Condition, Treatment Or Diagnosis As Patient Requesting Access
Chanel A. Mosley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
Known as “Amendment 7,” Article X, Section 25 of the Florida Constitution guarantees patients the right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incidents.

 

HTMLRecovery of Emotional Distress Damages in a New Jersey Medical Malpractice Action Remains a Tough Hurdle for Plaintiffs
Nicholas A. Rimassa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The plaintiff parents brought their 19-month-old daughter to the emergency room at 5:00 pm following difficulty breathing and cold or flu-like symptoms. The child was followed by a pediatric intensivist through the night, who claimed to have called a pediatric cardiologist at approximately 12:00 am...

 

HTMLEx Parte Communication Prohibited between Employer’s Attorney and Claimant’s Physician.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
This new Commonwealth Court decision has changed the law regarding communications between an employer and a panel physician when taking depositions. No longer is the counsel for the employer able to meet with the panel physician prior to the deposition as to do so violates the injured...

 

HTMLThe Claimant Does Not Qualify As A Displaced Worker Where His Inability To Obtain Work Is Not Due To The Work Injury But Rather To His Inability To Furnish The Employer With A Valid Social Security Number And Thereby Get Rehired
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
This case was before the Superior Court on the claimant’s appeal from the Board’s decision which granted the employer’s petition for review, terminating the claimant’s total disability benefits and also finding the claimant ineligible for partial disability benefits. The...

 


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