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

 







Document(s) published by this organization: 108


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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...

 

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...

 

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...

 

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,...

 

HTMLLawyer Liability Extended To Third-Party Beneficiaries for One-Sided Inter Vivos Transfers of Property
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The defendant attorney and law firm were retained by a corporation to prepare a quitclaim deed to gift a piece of property from the corporation to the plaintiffs. After recording of the deed, a third-party challenged the conveyance, which was ultimately held to be invalid. The plaintiffs brought...

 

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...

 

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....

 

Adobe PDFPennsylvania Supreme Court Vacates Commonwealth Court Decision Finding Psychic Injury Suffered By Liquor Store Clerk Robbed At Gunpoint Not Compensable
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 24, 2014, previously published on March 20, 2014
In a per curiam order from February 2014, the Supreme Court of Pennsylvania vacated a Commonwealth Court decision that found a Post-Traumatic Stress Disorder (PTSD) claim, made by a liquor store clerk robbed at gunpoint, not compensable and remanded it to the Commonwealth Court for reconsideration....

 


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