Author Info for Weber Gallagher Simpson Stapleton Fires & Newby LLP

Alan Arsenis

The Ins and Outs of Medical Treatment in New Jersey Workers' Compensation Claims

Weber Gallagher Workers’ Compensation Partners Alan A. Arsenis and Robert R. Hanneman Jr. discuss the ins and outs of medical treatment in New Jersey Workers’ Compensation claims. In this episode, Alan and Rob give a brief…more

Medical Marijuana, Noncompliance, Opioid, Workers' Compensation Claim

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Samantha Aster

“YOU’RE MUTED” – The Virtual Age of Depositions

“You’re muted” seems to be the lawyer's catchphrase of the pandemic, most notably during virtual depositions. Reminding witnesses and fellow attorneys to either unmute or mute themselves or turn on their video cameras is…more

Depositions, Remote Depositions, Virtual Litigation, Witness Preparation

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Scott Bermack

New York State Amends Insurance Disclosure Rule

On December 31, 2021, New York Governor Kathy Hochul signed the Comprehensive Insurance Disclosure Act (Senate Bill S7052). This new law amends Civil Practice Law and Rules (CPLR) Section 3101(f) to require that within sixty…more

Disclosure Requirements, Insurance Industry, Policy Terms, State and Local Government

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Cheryl Binosa

[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 webinar,…more

Continuing Legal Education, Medicare, New Jersey, Webinars, Workers' Compensation Claim

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James Bucilla II

IRE Physicians and Employers Must Consider Conditions Not Included Within Either the Controlling Document or Judicially Determined Injury Description; Claimants Can Successfully Challenge IRE Ratings If This Is Not Done

The Commonwealth Court has held that an IRE based only upon all “accepted” work-related diagnoses is nonetheless subject to being found invalid. In this case, the IRE physician relied upon the Bureau controlling document and a…more

Employer Liability Issues, Workers' Compensation Claim, Workplace Injury, Workplace Safety

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Lucas Csovelak

Understanding Senate Bill 365: Expanded Workers’ Comp Benefits for First Responders’ PTSD

In a bi-partisan effort, both Pennsylvania legislative houses and the Pennsylvania Governor have come together to lower the burden of proof for our Commonwealth’s first responders, when those men and women have witnessed a…more

Compensation & Benefits, PTSD, Workers' Compensation Claim, Workers’ Compensation, Workplace Injury

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Patrick Cummings

Workers' Compensation Academy: Independent Medical Evaluations Considerations for Pennsylvania Workers' Compensation Cases

What considerations should businesses examine when obtaining an Independent Medical Evaluations (IME) in workers' compensation matters in Pennsylvania? In this episode, Weber Gallagher Partner Peter Harrison and Associate…more

Evidence, Medical Evaluation Reports, Workers Compensation Awards, Workers' Compensation Claim, Workers' Compensation Defense

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Christian Davis

Pennsylvania and New Jersey Release 2024 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2024 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage…more

State and Local Government, Temporary Total Disability, Wage and Hour, Workers’ Compensation

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Catherine De Angelis

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 being…more

Appeals, Employee Rights, Employer Liability Issues, Employment Litigation, Healthcare

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Ruby Delarosa

NJ Court Rules Medicare Set-Aside Funds Excluded from Workers’ Comp Attorney Fee Calculations

A recent ruling concerning a workers’ compensation case in New Jersey reaffirmed that Medicare Set-Aside (MSA) funds should not be included in the calculation of attorney fees. The case involved a reopener application for a…more

Attorney's Fees, Employer Liability Issues, Judicial Authority, Medicare, New Jersey

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Denise Marra DePekary

The Risk Roundtable: Demystifying the Intersection Between NJ Workers' Comp & Employment Practice Liability

Join this podcast episode to delve into the cross between New Jersey workers' compensation and employment practice liability coverage. Partners Vanessa Mendelewski and Denise DePekary look at the exceptions to the exclusive…more

Employer Liability Issues, Insurance Industry, New Jersey, Workers’ Compensation

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Marco Di Prato

Understanding the Interplay of Punitive Damages and Direct Claims in Trucking Accidents

The recent case of Villagran v. Freightbull, Inc., No. 22-CV-2159 (E.D. Pa. Oct. 12, 2023, McHugh, J.) provides good case law for the trucking industry regarding the interrelatedness of claims for punitive damages and direct…more

Hiring & Firing, Negligence, Punitive Damages, Summary Judgment, Trucking Accident

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Sherri Dougherty

Commonwealth Court Invalidates Use of “Red Book” In Calculating Prescription Pricing

Reacting to regulatory overreach, the Commonwealth Court has found that the use of the “Red Book” for determining the average wholesale price (“AWP”) of prescription drugs was inconsistent with the provisions of the Pennsylvania…more

Drug Pricing, Pennsylvania, Pharmaceutical Industry, Prescription Drugs, Workers’ Compensation

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Stephen Dryden

Delaware Industrial Accident Board Will Resume Live Proceedings On August 2, 2021 & Fund Reimbursement Rights To Be Asserted Beginning July 26, 2021

In an Order published on July 12, 2021, the Delaware Industrial Accident Board announced they will be returning to live “in-person” proceedings effective August 2, 2021, after being closed beginning on March 12, 2020 because…more

Coronavirus/COVID-19, Infectious Diseases, Public Health, State and Local Government

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Theodore Eder

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 change…more

Appeals, Employee Benefits, Employer Responsibilities, Filing Deadlines, Judicial Authority

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June Essis

Properly Setting Up for Settling Success: Preparing to Mediate a High Exposure Case

If you watch some of the popular law series on TV, you would believe that every litigant has his or her day in court in front of a judge and jury. Statistics tell us a different story. According to the Administrative Office of…more

Dispute Resolution, Mediation, Mediators

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Georgios Farmakis

New Jersey Appellate Court Addresses Application of Affidavit of Merit Negligence Claim Against A Physician

On August 30, 2023, a New Jersey appellate panel issued an opinion in M.M. v. Atl. Health Sys., 2023 N.J. Super. Unpub. LEXIS 1489 (App. Div. Aug. 30, 2023) clarifying the affidavit of merit requirement pertaining to suits…more

Failure to Report, Health Care Providers, Medical Malpractice, Negligence, Physicians

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Paul Fires

PA Supreme Court Approves OTC Supplements & CBD Oil for Workers’ Compensation

In a unanimous opinion issued today, the Pennsylvania Supreme Court has ruled that any item that is part of a health care provider’s treatment plan falls within the purview of medical services and the broad-encompassing phrase…more

Cannabidiol (CBD) oil, Health Insurance, Healthcare, Insurance Industry, Medical Reimbursement

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Lisa Fitzgerald

Governor Hochul Vetoes Grieving Families Act

On January 30, 2023, New York Governor Kathy Hochul vetoed Senate Bill S74A, also known as the “Grieving Families Act.” The Act sought to expand the compensable damages in wrongful death actions in New York and expand the…more

Damages, Family Members, State and Local Government, Wrongful Death

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James French

[Webinar] Emerging Trends in Medical Marijuana and Workers' Compensation Laws - August 2nd, 1:00 pm - 2:00 pm ET

Join us for an informative webinar with our workers' compensation attorneys as we delve into the dynamic landscape of medical marijuana and its implications in workers' compensation claims in four key states: New Jersey,…more

Best Practices, Continuing Legal Education, Delaware, Federal v State Law Application, Medical Marijuana

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Joseph Goldberg

New Jersey Appellate Court Addresses Application of Affidavit of Merit Negligence Claim Against A Physician

On August 30, 2023, a New Jersey appellate panel issued an opinion in M.M. v. Atl. Health Sys., 2023 N.J. Super. Unpub. LEXIS 1489 (App. Div. Aug. 30, 2023) clarifying the affidavit of merit requirement pertaining to suits…more

Failure to Report, Health Care Providers, Medical Malpractice, Negligence, Physicians

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Ross Goren

[Webinar] SAY NO TO DRUGS - How recent caselaw provides employers and insurers with a tool to save money now! - July 23rd, 1:00 pm - 2:00 pm EST

Join us for an insightful webinar where we delve into the latest developments in Pennsylvania Workers' Compensation law and discover how recent caselaw can be a powerful tool for employers and insurers to save money. This…more

Continuing Legal Education, Cost-Savings, Employer Liability Issues, Insurance Industry, Risk Management

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David Greene

[Webinar] SAY NO TO DRUGS - How recent caselaw provides employers and insurers with a tool to save money now! - July 23rd, 1:00 pm - 2:00 pm EST

Join us for an insightful webinar where we delve into the latest developments in Pennsylvania Workers' Compensation law and discover how recent caselaw can be a powerful tool for employers and insurers to save money. This…more

Continuing Legal Education, Cost-Savings, Employer Liability Issues, Insurance Industry, Risk Management

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Grant Hackley

Mitigating the Risk of a Commercial Motor Vehicle Claim

The numbers are frightening. In recent years, juries have routinely rendered outsized verdicts, a trend attributable in part to social inflation, public sentiment toward corporate defendants, and sophisticated litigation tactics…more

Commercial Truck Drivers, Damages, Jury Verdicts, Liability Insurance, Litigation Strategies

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Robert Hanneman Jr.

Schedule of Disabilities Chart for New Jersey Workers’ Compensation

In this WG Alert, you will find the 2025 Schedule of disabilities chart for New Jersey workers’ compensation claims. The Statutory maximum and minimum for 2025 have increased to $1,159 and $309 respectively. There were no…more

Compensation & Benefits, Disabilities, Disability, Disability Benefits, Workers’ Compensation

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Peter Harrison

Workers' Compensation Academy: Independent Medical Evaluations Considerations for Pennsylvania Workers' Compensation Cases

What considerations should businesses examine when obtaining an Independent Medical Evaluations (IME) in workers' compensation matters in Pennsylvania? In this episode, Weber Gallagher Partner Peter Harrison and Associate…more

Evidence, Medical Evaluation Reports, Workers Compensation Awards, Workers' Compensation Claim, Workers' Compensation Defense

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Brandon Herling

[Webinar] Emerging Trends in Medical Marijuana and Workers' Compensation Laws - August 2nd, 1:00 pm - 2:00 pm ET

Join us for an informative webinar with our workers' compensation attorneys as we delve into the dynamic landscape of medical marijuana and its implications in workers' compensation claims in four key states: New Jersey,…more

Best Practices, Continuing Legal Education, Delaware, Federal v State Law Application, Medical Marijuana

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Samuel Hood Foreman

U.S. Supreme Court Holds That Emotional Distress Damages are not Recoverable Under the Rehab Act and ACA

On April 28, 2022, the Supreme Court of the United States ruled 6-3 that emotional distress damages are not recoverable in a private action to enforce the Rehabilitation Act or the Affordable Care Act (ACA)…more

Affordable Care Act, Emotional Distress Damages, Rehabilitation Act, Spending Clause

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John Kutner

[Webinar] Exploring the Impactful Cases of 2023: A Discussion on New Jersey Workers' Compensation - May 22nd, 1:00 pm - 2:00 pm EST

Join New Jersey workers' compensation partners Jeffrey Newby and John Kutner for an informative webinar as they delve into the significant cases that shaped New Jersey's workers' compensation landscape in 2023 and their future…more

Continuing Legal Education, New Jersey, Webinars, Workers Compensation Awards, Workers' Compensation Claim

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Jennifer Laver

[Webinar] Wage and Rate: Making Cents of It - April 3rd, 1:00 pm - 2:00 pm EST

Join partners Jennifer Laver and Rob Hanneman as they delve into the intricacies of calculating wages and rates, particularly focusing on temporary payments. Throughout the webinar, participants will gain a comprehensive…more

Compensation, Continuing Legal Education, Human Resources Professionals, Rate of Pay, Wage and Hour

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Ryan McBride

PowerPoint Presentation Protected by Pennsylvania Peer Review Protection Act

Peer review litigation in Pennsylvania has been quiet since the Pennsylvania Supreme Court handed down the Leadbitter decision in 2021…more

Health Care Providers, Hospitals, PA Supreme Court, Peer Review, Physicians

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Travis McElhaney

[Webinar] Understanding Automobile and Property Subrogation in Delaware - January 12th, 1:00 pm ET

Join Weber Gallagher Partners Travis McElhaney, Kristen Swift, and Krista Shevlin for a webinar discussing automobile and property subrogation in the State of Delaware. The webinar will compare common law and contractual…more

Auto Insurance, Delaware, Insurance Claims, Insurance Industry, Property Insurance

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Vanessa Mendelewski

COVID-19: When Should a Judge be Recused? And Who is an Essential Employee?

The NJ Appellate Court recently published a case of first impression to touch on this COVID case law Guiseppe Amato v Township of Ocean School District, which dealt with two issues: whether the Judge of Compensation should…more

Coronavirus/COVID-19, Educational Institutions, Employment Litigation, Essential Workers, Impartiality

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Carolyn Mirabile

From White Smoke to White Dresses: Why Prenups Belong in Wedding Planning

As people await the much anticipated white smoke to appear for the selection of the new Pope, another anticipated event comes around this time of year. Wedding season is upon us, and although most couples feel a conclave of…more

Division of Assets, Divorce, Equitable Distribution, Financial Planning, Legal Advice

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Jeffrey Newby

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 being…more

Appeals, Employee Rights, Employer Liability Issues, Employment Litigation, Healthcare

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Dawn Nicholson

Diversity Matters! Newsletter Winter 2025 Edition

As we work with our colleagues to prepare and circulate the Diversity Matters Newsletter each quarter, it is not lost on us that DEI initiatives, programs, and philosophies permeate and inundate our lives from all angles…more

Anti-Discrimination Policies, Corporate Culture, Diversity, Diversity and Inclusion Standards (D&I), Employee Training

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Walter O'Brien

Delaware and New York 2022-2023 Average Weekly Wage Rates

Delaware and New York have released the 2022-2023 workers' compensation temporary disability benefit rates based on the statewide average weekly wage. These rates take effect July 1, 2022. …more

Employer Liability Issues, Minimum Wage, State Labor Laws, Wage and Hour

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Alexander Papa

New York Governor Hochul Vetoes Grieving Families Act a Third Time

New York Governor Kathy Hochul has recently vetoed Senate Bill S8485B, commonly known as the “Grieving Families Act”, for the third straight year. The Act continues to seek the expansion of compensable damages in wrongful death…more

Consumer Protection Laws, Damages, Governor Vetoes, New Legislation, Regulatory Reform

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Thomas Park

Stressed out? Come to New York and get Workers Compensation!

Big change in New York regarding psych claims, effective January 1, 2025. A WORKER files a claim for mental injury premised upon extraordinary work-related stress incurred AT WORK, the board may not disallow the claim…more

Mental Health, New York, Work-Induced Stress, Workers’ Compensation

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Inder Deep Paul

Pennsylvania Limited Tort vs. Full Tort: Understanding Your Plaintiff’s Auto Insurance Coverage

Do you know what kind of car insurance you or your plaintiff carries? Is it full tort or limited tort? Pennsylvania law permits a choice between two coverage options when selecting car insurance–limited tort and full tort. The…more

Auto Insurance, Bodily Injury, Car Accident, Damages, Insurance Claims

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Lawrence Persick

Ever Considered a Career in Family Law?

Usually when I write a blog post I target either prospective clients or fellow practitioners. My hope is that the points I make resonate sufficiently to either direct a client my way, help a colleague to think of a problem in a…more

Career Development, Child Custody, Family Law Courts, Law Students, Professional Development

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Renee Porada Frazier

[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 webinar,…more

Continuing Legal Education, Medicare, New Jersey, Webinars, Workers' Compensation Claim

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Richard Ranieri

In a Win for Commercial Defendants and Their Insurers, the New Jersey Appellate Court Declines to Limit the “Ongoing Storm Rule” to Only Public Property

The New Jersey Appellate Division has recently confirmed that the “ongoing storm rule” established in Pareja v. Princeton International Properties, 246 N.J. 546 (2021) applies to privately owned commercial properties, rejecting…more

Commercial General Liability Policies, Commercial Property Owners, Insurance Industry, Liability, Public Property

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Christina Raton

How to Recognize and Fight Imposter Syndrome as a New Lawyer

Imposter syndrome starts from within and is often made up of ideas and opinions we have made up about ourselves. Imposter syndrome often thrives irrespective of environment or even other people’s opinion. Merriam Webster…more

Career Development, Law Firm Associates, Law Firm Partners, Law School, Law Students

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Alexander Ross Jr.

Employer Immunity from Direct Suit Upheld Once Again

In Cannon v. Bravo Pack, Inc., the Appellate Division of the Superior Court once again confirmed the strength of the employer immunity defense to a third-party claim filed by an injured worker (decided October 31, 2023). The…more

Employer Liability Issues, Immunity, OSHA, Workers’ Compensation, Workplace Injury

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Keanna Seabrooks

Diversity Matters Newsletter Winter 2023 Edition

As we all reflect on 2022 and set goals for 2023, one of our goals should be to renew our commitment to WG’s DEI Strategic Plan. Although we all can easily (and quickly) become overwhelmed by never-ending to-do lists and…more

Corporate Governance, Diversity and Inclusion Standards (D&I), Minorities, Publicly-Traded Companies

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Mark Setaro

The Presumption of Compensability for Essential Workers in New Jersey Contracting COVID-19 is Over… Again

On March 4, 2022, Governor Murphy signed Executive Order No. 292 that ended the COVID-19 Public Health Emergency as of March 7, 2022. This is the same Public Health Emergency that was reinstated back on January 11, 2022, when…more

Coronavirus/COVID-19, Essential Workers, Governor Murphy, Infectious Diseases, Public Health Emergency

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Jeffrey Seyfried

Understanding Senate Bill 365: Expanded Workers’ Comp Benefits for First Responders’ PTSD

In a bi-partisan effort, both Pennsylvania legislative houses and the Pennsylvania Governor have come together to lower the burden of proof for our Commonwealth’s first responders, when those men and women have witnessed a…more

Compensation & Benefits, PTSD, Workers' Compensation Claim, Workers’ Compensation, Workplace Injury

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Krista Shevlin

Diversity Matters Newsletter Summer 2024 Edition

“Nothing worth having comes easy.” -President Theodore Roosevelt Working towards real diversity, equity, and inclusion in the workplace should not be easy. In fact, it should be an uncomfortable, arduous journey where…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Career Development, Corporate Culture, Discrimination

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Jennifer Suh

Empowering Employer Representation: Key Ruling Enhances Rights of Employers in New Jersey

In the recent unpublished case, Labega v. Joshi, 2024 N.J. Super. Unpub. LEXIS 157, the New Jersey Appellate Division issued a decision that is favorable for all employers in the State. The Court held that where an employer and…more

Due Process, Jury Trial, Medical Malpractice

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Katherine Tenzinger

The Mystery of the MCS-90

The “Endorsement for Motor Carrier Policies of Insurance for Public Liability”—thankfully shortened to “MCS-90”—is something of a mysterious figure in transportation litigation. The MCS-90 has its roots in the minimum insurance…more

Insurance Industry, Motor Carriers, Negligence, Policy Terms, Transportation Industry

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Lori Tunstall

PA Supreme Court Approves OTC Supplements & CBD Oil for Workers’ Compensation

In a unanimous opinion issued today, the Pennsylvania Supreme Court has ruled that any item that is part of a health care provider’s treatment plan falls within the purview of medical services and the broad-encompassing phrase…more

Cannabidiol (CBD) oil, Health Insurance, Healthcare, Insurance Industry, Medical Reimbursement

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Antonio Villa de Rey

Diversity Matters Newsletter Summer 2024 Edition

“Nothing worth having comes easy.” -President Theodore Roosevelt Working towards real diversity, equity, and inclusion in the workplace should not be easy. In fact, it should be an uncomfortable, arduous journey where…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Career Development, Corporate Culture, Discrimination

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Tracy Walsh

[Webinar] The Interplay Among the ADA, FMLA, New Jersey FMLA and Workers’ Compensation - August 9th, 1:00 pm - 2:00 pm ET

Join Weber Gallagher partners Tracy Walsh and Jennifer Laver for a webinar discussing the interplay among workers' compensation, the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) and New Jersey FMLA…more

Americans with Disabilities Act (ADA), Continuing Legal Education, Family and Medical Leave Act (FMLA), Light-Duty Positions, New Jersey

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James Wescoe

Good News (Finally): Tort Reform Efforts Gaining Steam Across the U.S.

On April 22, 2025, Georgia Governor Brian Kemp signed the Georgia Tort Reform Act, which significantly alters the playing field in personal injury cases. As discussed below, Georgia joins a small but growing list of states that…more

Bifurcation, Bodily Injury, Damages, Liability, Negligence

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Scott Wilson

Diversity Matters! Newsletter Winter 2025 Edition

As we work with our colleagues to prepare and circulate the Diversity Matters Newsletter each quarter, it is not lost on us that DEI initiatives, programs, and philosophies permeate and inundate our lives from all angles…more

Anti-Discrimination Policies, Corporate Culture, Diversity, Diversity and Inclusion Standards (D&I), Employee Training

See all updates »

Adrianna Yanez

Diversity Matters Newsletter Winter 2023 Edition

As we all reflect on 2022 and set goals for 2023, one of our goals should be to renew our commitment to WG’s DEI Strategic Plan. Although we all can easily (and quickly) become overwhelmed by never-ending to-do lists and…more

Corporate Governance, Diversity and Inclusion Standards (D&I), Minorities, Publicly-Traded Companies

See all updates »

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