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Marshall Dennehey

Two Incidents. One Injury. Recurrence Versus Aggravation

Marshall Dennehey on

Ferrell v. City of Wilmington, 2025 WL 753378 (Del. Super Ct. Mar. 10, 2025) - The Delaware Superior Court reviewed and affirmed a decision by the Industrial Accident Board concerning a claimant who sustained a compensable...more

Marshall Dennehey

Post-Accident Drug Testing and Consent: Evaluating Reasonable Suspicion Under Florida Workers’ Compensation Law

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Juan Maldonado v. D & A Building Services, Inc./Bridgefield Casualty Insurance Company, OJCC Case No.: 24-018373NPP - The claimant was injured in a workplace accident and subsequently hospitalized. Following the incident, the...more

Marshall Dennehey

Disputed Claims and Credibility Challenges: Workers’ Compensation Case Dismissed After Bifurcated Trial

Marshall Dennehey on

Makins v. Palace Rehab & Care Ctr. and Premier Cadbury, LLC, No. A-2263-23 & A-2276-23 (April 24, 2025) - The petitioner’s legal dispute arose from a series of workers’ compensation claims related to injuries sustained during...more

Weber Gallagher Simpson Stapleton Fires &...

NY Workers’ Compensation Case Roundup - May 2025

The lone decision from the 3rd Dept today is very harsh. In Matter of Coyle v. W & W Steel Erectors, the 3rd Dept. affirmed the Board Panel’s decision to reject an appeal as late, despite the basis for the appeal being a...more

Marshall Dennehey

Commonwealth Court Clarifies Scope of IREs, Orders Remand in Light of Duffey Decision

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Del Val Home Improvements v. Gaw; No. 1117 C.D. 2022; filed March 19, 2025; Judge Wojcik - In a case hinging on the interpretation of impairment rating evaluations (IREs) under the Act, the Commonwealth Court has ordered a...more

Marshall Dennehey

Court Affirms Judge’s Discretion in Refusing to Set Aside Mistakenly Issued Medical-Only NCP

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City of Philadelphia and PMA Management Corp. v. John Bell; No. 648 C.D. 2024; filed April 2, 2025; Judge Wallace - The Commonwealth Court upheld a decision refusing to set aside a Medical-Only Notice of Compensation Payable...more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Burr & Forman

Managing Employee Leave: A Guide to Compliance and Best Practices

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Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining...more

Holland & Knight LLP

Podcast - The Law as a Force for Change

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small examines the devastating Farmers Export grain elevator disaster, where 18 employees died in a grain dust explosion, and...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Appellate Roundup – May 2025

Attached are three 3rd Dept decisions released Thursday, 5/1/25: Pressimone v. NYCHA. Cautionary tale. Here, there was a deadline set for medical depositions....more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part Three)

We have written about the General Assembly’s Labor and Public Employees Committee’s final flurry of activity approving and advancing bills out of committee. ...more

Robinson+Cole Manufacturing Law Blog

Spring Things for Employers to Consider

Trees are beginning to bloom, and bees are buzzing in flower fields as spring is officially underway. As summertime approaches and temperatures continue to rise, employers should be prepared for “Spring Things,” such as...more

Morris James LLP

Finger Amputations at Work: Understanding Your Rights and the Path to Recovery

Morris James LLP on

Losing a finger on the job is more than a painful injury—it’s a life-altering event that can disrupt your livelihood, limit your independence, and leave you facing a long and uncertain recovery. Whether caused by faulty...more

Littler

Connecticut Supreme Court Significantly Shifts Workers’ Compensation Benefits

Littler on

The Connecticut Supreme Court recently ruled in Gardner v. Department of Mental Health and Addiction Services that Workers’ Compensation Administrative Law Judges (ALJs) can award ongoing temporary partial disability (TPD)...more

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

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An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

Conn Kavanaugh

Insurance Considerations for Construction Projects

Conn Kavanaugh on

“Acme General Contracting, LLC: Licensed and insured!” If you’ve ever retained a home-improvement contractor, you’ve almost certainly received enthusiastic assurances that he or she is “licensed and insured.” But what...more

Woodruff Sawyer

The Aging Workforce: Ergonomics, Comorbidities, Lighting, and Strategies for Reducing Claims

Woodruff Sawyer on

The aging of the American workforce is the most important demographic shift impacting businesses today. Data from the Bureau of Labor Statistics (BLS), Census Bureau, and the CDC/National Institute for Occupational Safety and...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part One)

Prior to its March 25, 2025 deadline, the Connecticut General Assembly’s Labor and Public Employees Committee likely finished up its work for this legislative session and approved a final flurry of bills that would generally...more

Maison Law

How Personal Injury Settlements are Calculated in California

Maison Law on

California is home to more than its fair share of personal injury claims, the vast majority of which, according to California courts, include car crashes and slip and fall injuries. Workplace injuries involving cuts and...more

Chartwell Law

A Case Law Summary: Stewart v. City of Philadelphia (WCAB)

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Stewart v. City of Philadelphia (WCAB), No. 490 C.D. 2024 (Pa. Cmwlth. Ct., April 15, 2025) - By way of brief history, Officer Stewart worked long hours during the COVID pandemic. In the fall of 2020, he regularly...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] 2024 New Jersey Workers’ Compensation Case Law Updates - April 29th, 12:00 pm - 1:00 pm ET

Join partners Cheryl Binosa, Jeffrey Newby, and Renee Porada Frazier for an insightful webinar that will cover several pressing topics in New Jersey Workers' Compensation, based on recent cases in the state. In this...more

Marshall Dennehey

Delaware Industrial Accident Board Rules Claimant is an Actually Displaced Worker Following Job Search Evaluation

Marshall Dennehey on

Frances Carr v. Amazon.com Services, IAB No. 1540462 (Feb. 25, 2025) - In Delaware workers’ compensation cases, claimants who are unable to return to their previous jobs due to injury may contend they are prima facie...more

Hutchison PLLC

How Happiness Drives Business Success: Leadership Lessons from Grace Ueng

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What if the key to success isn’t just hard work, but true happiness? On this episode of Founder Shares, Grace Ueng, founder and CEO of Savvy Growth, shares how happiness and business leadership go hand in hand. As a...more

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

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Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Goldberg Segalla

Gov. Hochul’s Proposed Regulatory Changes to Workers’ Comp Treatment

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In her 2025 State of the State, Gov. Kathy Hochul outlined several proposals aimed at improving access to medical care within the New York State Workers’ Compensation system. These initiatives, detailed in her “Fighting for...more

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