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

 







Document(s) published by this organization: 117


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HTMLPunitive Damages May Be Sought in NYC Asbestos Cases
Arthur D. Bromberg, Paul C. Johnson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 6, 2014, previously published on May 1, 2014
Judge Sherry Klein Heitler recently issued an order and opinion granting a motion filed by Weitz & Luxenberg on behalf of several plaintiffs amending the New York City Asbestos Litigation ("NYCAL") case management order to allow the plaintiffs to seek punitive damages against the...

 

HTMLFeds Are Serious About Data Security
Mark L. Mattioli, David J. Shannon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 22, 2014, previously published on April 17, 2014
In what could be a landmark ruling in the data breach legal field, a New Jersey district court recently ruled that the FTC's lawsuit against Wyndham Hotels for unfair and deceptive trade practices related to a major data breach could proceed. Although the breach did not happen in a health care...

 

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....

 

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...

 

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...

 

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....

 

HTMLBenefits Were Properly Suspended After the Claimant Returned an Employment Verification Form by Fax Which Was Signed But Not Dated
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The claimant filed a claim petition for an injury he sustained while working for the employer. While the claim petition was pending, the employer sent the claimant an “Employee Verification of Employment, Self-Employment or Change in Physical Condition Form” (LIBC-760). The claimant was...

 

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.

 

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...

 

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...

 


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