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

 







Document(s) published by this organization: 111


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HTMLA Claimant Who Injures Himself In The Parking Lot A Few Hours Before His Shift Was To Begin Was In The Course And Scope Of Employment At The Time Of The Injury.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The claimant’s shift did not begin until 8 AM, but he testified that he typically arrived at work early because of traffic. He testified that he parked in the employer’s parking lot at approximately 6:30 AM and went into the building to pick up his clean uniforms and take them back to...

 

HTMLHouse Bill 373 Enacted To Control Level Of Workers’ Compensation Insurance Premiums By Making Significant Changes In Medical Reimbursements Allowable Under Healthcare Payment System.
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The summary to House Bill 373 gives the following reasons behind its enactment:

 

HTMLAn Employee Killed While Attempting To Apprehend A Thief After A Robbery Of A Convenience Store Was In The Course And Scope Of His Employment.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The decedent was scheduled to work the night shift, but he went in early—with his work shirt on—in response to a phone call from a co-worker who needed help with the cash register. After adjusting the cash register, the decedent remained on the employer’s premises to stock and...

 

HTMLExercise Caution and Attention to Detail When Presenting Agreements to Nursing Home Residents and Patients.
Nicholas A. Rimassa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
In this nursing home malpractice case, the defendant facility successfully obtained a grant of summary judgment dismissing the case from the New Jersey Superior Court and compelling arbitration pursuant to a pre-dispute arbitration agreement executed by the plaintiff, attorney-in-fact, who executed...

 

HTMLHelp May Be On the Way in Pennsylvania for Providers of Emergency Health Care
Mary Kate McGrath; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
Pennsylvania may take a huge step forward in remedying its reputation as a hostile environment for medical providers in the form of legislation introduced by Representative Bryan Cutler (R) of 100th Legislative District of Pennsylvania. This legislation seeks to impose a heightened standard of...

 

HTMLSupreme Court Of New Jersey Holds That Cardiovascular Death Is Not Compensable.
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Rennerr/i> that the decedent husband/petitioner failed to sustain his burden of proving a compensable cardiovascular death.

 

HTMLA Claimant Who Fails to Establish a Valid Common Law Marriage to Decedent Is Not Entitled to Widow’s Benefits Under §307 (3).
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The decedent sustained a traumatic brain injury as a result of a drilling rig accident while working for the employer. The employer and the claimant entered into an agreement to pay dependency benefits to the decedent’s two minor children. In the agreement, the claimant reserved the right to...

 

HTMLWork-Related Medical Expenses Are Not Payable Directly To Claimant When A Health Care Carrier’s Subrogation Lien Is Established By The Parties Prior To The Judge’s Decision.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
A Workers’ Compensation Judge granted a claim petition for an injury sustained by the claimant while working for the employer, awarding ongoing total disability benefits and payment of medical expenses.

 

HTMLImplied Warranty Of Habitability Owed By A Home Builder To A Residential Purchaser Of A New Home Does Not Extend To The Subsequent Purchaser Of The Home.
Timothy G. Ventura; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
Residential purchasers of a three-year-old home brought a claim against the builder of the home for breach of the implied warranty of habitability upon discovering water infiltration and latent construction defects. However, they were not in contractual privity with the builder; rather, they had...

 

HTMLLet It Snow! Let it Snow! Let It Snow! There Is No Bad Weather Exception to The Coming and Going Rule for NJ Workers’ Compensation
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 1, 2014
The New Jersey Appellate Division has determined that there is no “bad weather” exception to compensability in New Jersey workers’ compensation in the case of Adi Kotler v. DCH Motors, LLC v. Safety National Casualty Corp., 2014 N.J.Super. Unpub. LEXIS 1363 (App. Div. June 11,...

 


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