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

 







Document(s) published by this organization: 99


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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....

 

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...

 

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,...

 

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...

 

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...

 

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 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....

 

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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