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

 







Document(s) published by this organization: 120


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Adobe PDFSupreme Court of New Jersey Holds That Cardiovascular Death Is Not Compensable
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
In its July 30, 2014, decision of James P. Renner v. AT&T (A-71-11) (068744), the New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Renner that the decedent husband/petitioner failed to sustain...

 

Adobe PDFHouse Bill 373 Enacted to Control the Level of Workers’ Compensation Insurance Premiums by Making Significant Changes in the Medical Reimbursements Allowable Under the Healthcare Payment System
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
This Act makes substantial changes to Titles 18 and 19 of the Delaware Code designed to control the level of workers’ compensation premiums in Delaware. The most significant changes are: (a) a 33% reduction in medical costs to the workers’ compensation system, phased in over a period of...

 

Adobe PDFEmployer Bears Burden of Proving Claimant’s Loss of Earning Power is Due to Lack of U.S. Citizenship
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 5, 2014, previously published on August 1, 2014
The claimant filed a claim petition alleging that he sustained a work injury on July 19, 2008, while working as a truck driver for the employer. At a hearing held before the Workers’ Compensation Judge, the employer’s attorney cross examined the claimant, who was born in Ecuador and had...

 

HTMLCourts Differ on Healthcare Reform
Mark L. Mattioli; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
Yesterday, two separate courts of appeals rendered contrary decisions on whether the subsidy provision of the Affordable Care Act (ACA) applies in states that have opted not to run their own insurance exchanges. Cur­rently, only 14 states have established their own exchanges, while 36 states,...

 

HTMLInsurer Entitled to Subrogation under §319 of PA Workers’ Compensation Act for Injuries Sustained by Claimant While Driving Out of State during the Course and Scope of Employment
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant was injured in a motor vehicle accident that took place in Delaware while in the course and scope of her employment, and she received workers’ compensation benefits pursuant to the Pennsylvania Workers’ Compensation Act. The claimant then reached a settlement of a third...

 

HTMLNew Jersey Supreme Court Reverses an Appellate Division Decision Employing an Overly Expansive Interpretation of the Premises Rule
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
As the petitioner’s employer, the respondent assigned the petitioner free parking at a private garage located about two blocks from her workplace. The respondent paid for 65 parking spaces for its employees at this private garage, provided each employee with a scan card so that they could...

 

HTMLAppellate Division Affirms Perceived Inadequate Fee Award on Motion for Medical and/or Temporary Benefits
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
On July 13, 2007, the petitioner was injured when he slipped and fell on the respondent’s premises. Prior to filing a claim with the Division of Workers’ Compensation, the petitioner’s injury was deemed compensable by the respondent’s workers’ compensation carrier, and...

 

HTMLPresumption of Prejudice Does Not Exist in Every Case Where an Employer Seeks to Recover an Overpayment of Compensation Made to a Claimant Who is Also Receiving a Pension
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant, a firefighter, sustained a work injury. The employer accepted liability and paid the claimant Heart and Lung benefits equal to his full salary for over a year after the injury. The claimant then elected to take a disability pension, and the Heart and Lung benefits were replaced with...

 

HTMLPolitical Subdivision Tort Claims Act Provides Immunity to County and County Nursing Home for Wrongful Discharge of One of Its Employees
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The plaintiff worked for the county as a nurse’s aide for eight years, until she was terminated due to drug testing results. Prior to her discharge, the plaintiff had injured her neck and back at work while assisting a co-worker in lifting a 300-pound patient. Lewis filed a claim under the...

 

HTMLEmployer Has Legal Basis to Deny Paying for Claimant’s Narcotic Medication on Causation Grounds Because Claimant Was Arrested and Charged with Illegally Selling the Medication Prescribed for His Work Injury
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant had sustained a low back injury on July 26, 2011, which was accepted as compensable. He underwent two back surgeries and was receiving narcotic medications. His total disability benefits had been terminated in February 2014, and he was receiving partial disability benefits. In March...

 


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