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

 







Document(s) published by this organization: 125


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HTMLThe Appellate Division Quashes an “Intentional Tort” Challenge to the Exclusive Remedy Provision of the Workers’ Compensation Act.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 6, 2015, previously published on January 6, 2015
The petitioner was employed as a commercial pesticide applicator, and he was licensed by the State of New Jersey, Department of Environmental Protection. He participated in the state’s certification program, and he also attended recertification courses provided six or seven times a year by...

 

HTMLThe Pennsylvania Supreme Court Affirms Decision to Uphold $187 Million Judgment in Favor of Employees Who Were Allegedly Forced to Work Off the Clock and Skip Breaks.
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 29, 2015, previously published on January 6, 2015
The Pennsylvania Supreme Court affirmed a decision upholding a jury verdict and award in favor of a class of Wal-Mart employees who were allegedly forced to work through their break periods in violation of the company's policy. Specifically, the class of plaintiffs alleged, inter alia, that the...

 

HTMLA Claimant is not Entitled to an Award of Benefits for Injuries Sustained in a Motor Vehicle Accident that Occurred while the Claimant was Driving to Work to Attend an Employer Meeting.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 23, 2015, previously published on January 6, 2015
The claimant filed a claim petition alleging that he sustained a brain injury as a result of an automobile accident while commuting to the employer’s premises for a meeting. The employer held two types of safety meetings: monthly safety meetings and stand-down meetings. The monthly safety...

 

HTMLEvidence from a Claimant Contesting an Employer’s Impairment Rating Evaluation (IRE) Must be Competent Evidence of a Similar Character.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 23, 2015, previously published on January 6, 2015
Following the claimant’s work injury, the employer filed a modification petition based on the results of an IRE. In opposition to the testimony given by the employer’s IRE physician, the claimant offered into evidence the deposition testimony of a psychologist who said that he was...

 

HTMLMedical Bills Not Paid For Treatment/Therapy Given In India Proper As Practitioners Not Licensed In PA, Services Not Provided under Supervision of Licensed Health Care Practitioner, and Medical Certificates Did Not Comply With Requirements Of The Act.
Francis Wickersham; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
January 16, 2015, previously published on January 6, 2015
The claimant was receiving indemnity benefits for a February 2000 work injury. In an unreported opinion, the Commonwealth Court affirmed the disallowance of Ayurvedic medical treatment (one of the world¿s oldest whole-body healing systems developed thousands of years ago in India) because the...

 

HTMLReturning To Regular-Duty Work With Restrictions Entitles One To Presumption Of Causation When Filing Reinstatement Petition; Reinstatement Is Right Even In If Discharged From Employment, Unless employer can establish claimant committed bad faith.
Francis X. Wickersham; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
January 16, 2015, previously published on January 6, 2015
The claimant suffered an injury to his Achilles tendon in January of 2009 and returned to his pre-injury job in June of 2009 with restrictions. In April of 2010, the employer eliminated the claimant¿s position, and the claimant was transferred to another position without a loss in pay. The new job...

 

HTMLAn Employer May Take an Offset against Workers¿ Compensation Benefits under Section 204 (a) for pension benefits funded by its wholly owned subsidiary.
Francis X. Wickershamn; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
January 16, 2015, previously published on January 6, 2015
While the claimant was working for Company “A,” it was acquired by Company “B” as a wholly owned subsidiary. All employees of Company “B”‘s subsidiaries were covered by the same workers’ compensation policy as Company “A.” The claimant...

 

Adobe PDFLegislation Imposing Limits on Direct Dispensing of Medications to Injured Workers by Physicians Becomes Law in Pennsylvania
Francis X., Esq. Wickersham; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
November 15, 2014, previously published on November 3, 2014
On October 27th, Governor Tom Corbett signed into law House Bill 1846, which will limit the practice of physicians dispensing drugs directly to injured workers. A recent front page article in The Philadelphia Inquirer by Don Saptkin highlighted the significant costs Pennsylvania employers were...

 

HTMLPhilly Jury Finds Asbestos Did Not Cause Colon Cancer
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 31, 2014, previously published on October 24, 2014
In the case of Barbara Goll, Executrix of the Estate of Louis T. Goll, III v. Ace Hardware Corp., Philadelphia County, C.C.P., October Term 2011, No. 3406, plaintiff alleged that her deceased husband, Louis Goll, contracted colon cancer and died at the age of 59 as a result of exposure to asbestos....

 

HTMLPremises Owners Not Liable for "Take Home Exposures" Under PA Law
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 31, 2014, previously published on October 24, 2014
In what was ruled to be an issue of first impression under Pennsylvania law, Judge Eduardo Robreno of the U.S. District Court for the Eastern District of Pennsylvania held that a premises owner has no duty to an employee's spouse to protect the spouse from exposure to asbestos in the context of...

 


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