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Workplace Injury Workers' Compensation Claim Bodily Injury

Marshall Dennehey

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

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Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

Marshall Dennehey

Claimant’s Average Weekly Wage Was Properly Calculated Based on a 40-hour Work Week, Even Though He Only Worked a Total of 10 Days...

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County of Allegheny v. Michael Marzano (WCAB); No 1111 C.D. 2022; filed Dec. 24, 2024 - The claimant was employed by the employer as a corrections officer. He filed a Claim Petition alleging that on July 27, 2018, he was...more

Marshall Dennehey

Employer’s Refusal to Compromise It’s Subrogation Lien During Pendency of a Tort Action Does Not Constitute Bad Faith Resulting in...

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Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025 - This case involved a claimant who sustained work injuries as a result of a slip and fall on ice in the employer’s parking lot. A Claim...more

Morris James LLP

After the Route 1 Rollovers: Understanding Injury and Death Benefits

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On February 25, 2025, two separate rollover accidents occurred on Delaware's Route 1, resulting in one fatality and one individual sustaining serious injuries. These incidents not only highlight the inherent dangers present...more

Marshall Dennehey

The Employers Were Not Required to Reimburse a DHS Lien for the Claimant’s Medical Treatment Until the Medical Providers Submitted...

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Dura-Bond Coating, Inc. v. Ryan (WCAB); No. 1137 C.D. 2023, Filed November 18, 2024; Judge Covey - The claimant suffered amputations of both lower extremities. A workers’ compensation judge granted a Claim Petition and...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2024

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1.    The Delaware Supreme Court affirmed an Industrial Accident Board decision that concluded that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease. Fowler v....more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2024

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1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

Marshall Dennehey

Top 10 Developments in New Jersey Workers’ Compensation in 2024

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1.    The Appellate Division addresses permanent partial vs. total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (January 30, 2024)....more

Marshall Dennehey

Appellate Division Affirmed Dismissal of Worker’s Compensation Claim for Lack of Compensability

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Avery v. Next Mile, LLC/DSP, No. A-2506-22 (May 23, 2024) - In this case, the trial was bifurcated to first determine if the accident took place in the course and scope of employment. The petitioner worked as a delivery...more

Marshall Dennehey

Commonwealth Court Holds That Claimant Who Was Sole Proprietor is Required to Provide Notice of Work-related Injury to Workers’...

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Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer - In this case, the claimant was the owner of the employer and the sole employee. He...more

Stark & Stark

Navigating Workers' Compensation for Repetitive Stress Injuries

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The term ‘repetitive stress injury’ covers a wide variety of conditions. A Repetitive stress or strain injury happens when too much stress is placed on a given body part and can result in pain, swelling, muscle strains, and...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Marshall Dennehey

Delaware Superior Court Affirms an Industrial Accident Board Decision That a Claimant Injured While Performing an Employer-Related...

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Testa-Carr v. Sallie Mae, N23A-04-004 CEB (Del. Super. Feb. 8, 2024) - Ms. Testa-Carr worked as a customer service representative for Sallie Mae. On March 21, 2022, she was fell down some stairs and was injured while...more

Cranfill Sumner LLP

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

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Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina.  She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace...more

Chartwell Law

The Chartwell Chronicles: Understanding the Medicals

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In Episode 26 of The Chartwell Chronicles, host Brittany Atkinson is joined by special guest Mark Spivak from our Moorestown, NJ office to discuss the importance of the medicals in New Jersey workers' compensation. Brittany...more

Goldberg Segalla

New Traumatic Brain Injury Guidelines from NY Workers’ Compensation Board Are Effective May 2

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Key Takeaways - The NY Workers’ Compensation Board has announced that the new medical treatment guidelines—including new guidelines covering Traumatic Brain Injury (TBI)—become effective on May 2, 2022. The guidelines...more

Dentons

A New Trend in Workers’ Compensation Shoulder Cases

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After the 2017 Amendments to Iowa Code Chapter 85 provided that shoulder injuries were to be compensated functionally as scheduled member injuries, instead of industrially as whole body injuries, claimants have been looking...more

Adler Pollock & Sheehan P.C.

Workers’ Compensation Act And Contractual Indemnification – A Conflict Between Employer Rights And Responsibilities? Not In...

Massachusetts Workers’ Compensation Act, G.L. 152 §§ 1-86 offers employers certain protections from qualified employee-prosecuted work-related negligence actions at common law. It does not protect employers from honoring...more

Chartwell Law

Employers Take Heed: Unreasonable Contest Counsel Fees Awarded For Untimely Filing of a Medical-Only Notice of Compensation...

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In Gabriel v. WCAB (Procter and Gamble Products Company), the Commonwealth Court of Pennsylvania held that unreasonable contest counsel fees can be awarded for failure to issue a Notice of Compensation Payable acknowledging a...more

Bricker Graydon LLP

What you need to know about the new workers’ compensation law changes in H.B 81

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House Bill 81 goes into effect on September 15, 2020, and it includes major changes to Ohio’s workers’ compensation laws. Below are a few of the more significant changes employers need to know...more

Laughlin, Falbo, Levy & Moresi LLP

Working From Home: Firing Up Litigation?

In the last several years, there has been an increase in the number of employers who offer a remote work environment (i.e., work from home). In fact, the numbers of employees working from home have increased by 140% since...more

Littler

Virginia Begins Enforcement of New Workers’ Compensation Law on July 1, 2020

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Beginning July 1, 2020, the Virginia Workers’ Compensation Commission will begin enforcing a new law that will affect how Virginia employers and their workers’ compensation insurance carriers respond to initial claims for...more

Littler

Employers in Puerto Rico: Don’t forget to renew your Workers’ Compensation Insurance Policy

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Act No. 45 of April 18, 1935, known as the Puerto Rico Compensation System for Work-Related Accidents Act (Act 45), establishes that every employer must secure compulsory insurance to cover their employees’ work-related...more

Bricker Graydon LLP

BWC proposes 13 percent rate cut in premiums for private employers

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The Bureau of Workers’ Compensation (BWC) recently proposed a 13 percent rate cut in premiums, totaling nearly $132 million, for private employers beginning July 1, 2020. The BWC’s board is expected to approve the cut at a...more

Chartwell Law

Causally Related Denial of Medical Bills May Not Be An Option In Pennsylvania

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Thinking of denying a medical bill in a Pennsylvania Workers’ Compensation claim for not being “causally related”? Better think twice. A new ruling from the Commonwealth Court of Pennsylvania suggests that denying a medical...more

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