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

 







Document(s) published by this organization: 110


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HTMLNJ Supreme Court Asked to Consider Bare Metal Defense
Armand J. Della Porta, Paul C. Johnson, Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 1, 2014
As a follow up to the case of Hughes v. A.W. Chesterton, 2014 N.J. Super. LEXIS 54 (App. Div. 2014), which was reported in the May issue of Legal Update for Toxic Torts, the Plaintiff has petitioned to New Jersey to consider the issue of "whether a manufacturer, which has a duty to warn of the...

 

HTMLJury Finds in Favor of Defense in Philly Benzene Case
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
In the case of Estate of David Butler v. Sunoco, March Term 2012, No. 1641, tried before Judge Rosalyn Robinson in the Philadelphia Court of Common Pleas, the jury returned a unanimous verdict in favor of the defendant, Sunoco, where it was alleged that use of the defendant's gasoline caused the...

 

Adobe PDFSupreme Court of New Jersey Holds That Cardiovascular Death Is Not Compensable
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
In its July 30, 2014, decision of James P. Renner v. AT&T (A-71-11) (068744), the New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Renner that the decedent husband/petitioner failed to sustain...

 

Adobe PDFHouse Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...

 

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,...

 

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...

 

HTMLModification Petition is Based on Results of Ire Was Properly Dismissed Because Ire Physician Failed to Satisfy §306 (a.2) Of Act by Not Being Active in Clinical Practice for At Least 20 Hours per Week
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 receiving workers’ compensation benefits for injuries he sustained in a work-related motor vehicle accident. The employer filed a request with the Bureau to designate a physician to perform an IRE. The physician selected performed the IRE and concluded that the claimant had...

 

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...

 

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...

 


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