Weber Gallagher Simpson Stapleton Fires & Newby LLP

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2000 Market Street
Suite 1300
Philadelphia, PA 19103, United States
Phone: (215) 972-7900
Fax: (215) 564-7699
Areas Of Practice
  • Bankruptcy
  • Civil Rights
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Insurance
  • Labor & Employment Law
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Toxic Torts
  • Transportation
  • Workers' Compensation
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Locations
Other U.S. Locations
  • Delaware
  • Florida
  • Illinois
  • New Jersey
  • New York
  • Pennsylvania
Number of Attorneys
100+ Attorneys

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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“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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Pay Your Own Tab: Harvard Forfeits $15 Million in Insurance Coverage for Failure to Comply with Notice Provisions in Policy

Almost all insurance policies require that an insured give timely notice of a loss, sometimes requiring that notice be provided as soon as practicable, or risk having the claim denied for the insured’s failure to meet a…more

Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Policy Terms

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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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[Webinar] New Jersey Edition of Year in Review & Emerging Trends in Workers’ Compensation - January 17th, 1:00 pm ET

Workers' Compensation partners Jeff Newby and Cheryl Binosa will provide a recap and update on significant legislative changes and case law updates in New Jersey Workers' Compensation from 2022 that could impact businesses and…more

New Jersey, Webinars, Workers Compensation Awards, Workers Compensation Reform, Workers' Compensation Claim

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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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A Judge’s Decision in a Philadelphia COVID-19 Fatal Claim Petition, Advice For Employers

In light of the pandemic and its widespread impact on employee populations, many states have grappled with their workers’ compensation laws and regulations. These impacts are associated often with substantial medical costs and…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Occupational Exposure, Workers' Compensation Claim

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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

See all updates »

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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The Risk Roundtable: Best Practices for Litigation to Help After an Accident

Proper safety procedures are key in defending a case if an accident were to occur. Keeping a record of these procedures and ensuring employees are trained, can be a huge benefit when litigating a claim. Partner Catherine De…more

Accident Reports, Best Practices, Health and Safety, Litigation Strategies, Recordkeeping Requirements

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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

See all updates »

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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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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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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New York Workers’ Compensation Ruling Roundup – June 2024

This week, the 3rd Department decided on 3 cases on June 27, 2024. Learn more about each of these cases below. DeWolf v. Wayne County. In this occupational hearing loss claim, the Law Judge initially found for the claimant…more

Medical Experts, New York, Workers Compensation Board, Workers' Compensation Claim, Workplace Injury

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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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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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House Bill 2490 & Implications for Pennsylvania Workers' Compensation Settlements

House Bill 2490 has been introduced and it is best to quote from the sponsoring legislator’s words: [S]ome employers and insurers require claimants to sign side agreements forcing them to resign, preventing them from ever…more

Confidentiality Agreements, Legislative Agendas, Pennsylvania, Resignation, Settlement

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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

See all updates »

[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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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

See all updates »

[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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[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

See all updates »

Diversity Matters Newsletter Spring 2024 Edition

“Our people made that choice, the choice to go to Sameness... We relinquished color when we relinquished sunshine and did away with a difference. We gained control of many things. But we had to let go of others.” -The Giver,…more

Civil Rights Act, Continuing Legal Education, Diversity, Diversity and Inclusion Standards (D&I), Equal Protection

See all updates »

[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

See all updates »

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

See all updates »

[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

See all updates »

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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[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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[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

See all updates »

Pennsylvania Superior Court Shifts Focus of Venue Analysis

With Hangey v. Husqvarna Prof'l Prods., 2021 PA Super 37, the Pennsylvania Superior Court handed down an en banc decision which will significantly shift the focus of how venue challenges are decided. When a corporate defendant…more

En Banc Review, Principal Place of Business, Transfer of Venue, Venue

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[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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Rising Counsel Fees: How Increased Costs Affect Petitioners and Respondents

On August 22, 2024, the acting Governor signed a bill increasing attorney fees on workers’ compensation cases. Since 1927, the fee for an attorney on a workers’ compensation case was up to 20%. This has now changed with the…more

Attorney's Fees, Compensation & Benefits, Workers Compensation Awards, Workers’ Compensation

See all updates »

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

See all updates »

Rising Counsel Fees: How Increased Costs Affect Petitioners and Respondents

On August 22, 2024, the acting Governor signed a bill increasing attorney fees on workers’ compensation cases. Since 1927, the fee for an attorney on a workers’ compensation case was up to 20%. This has now changed with the…more

Attorney's Fees, Compensation & Benefits, Workers Compensation Awards, Workers’ Compensation

See all updates »

Strategies to Manage Costs of Medical Care in a PA Workers’ Compensation Claim

Do you want to learn more about controlling excessive medical costs on your Pennsylvania workers’ compensation claims? Tune in as our lawyers, Sherri Dougherty and Dawn Nicholson, discuss the use of utilization reviews, use of…more

Healthcare, Pennsylvania, Petition for Review, Workers' Compensation Claim

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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

See all updates »

Diversity Matters Newsletter Spring 2024 Edition

“Our people made that choice, the choice to go to Sameness... We relinquished color when we relinquished sunshine and did away with a difference. We gained control of many things. But we had to let go of others.” -The Giver,…more

Civil Rights Act, Continuing Legal Education, Diversity, Diversity and Inclusion Standards (D&I), Equal Protection

See all updates »

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

See all updates »

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

See all updates »

[Webinar] New York Workers’ Compensation: Year in Review & Emerging Trends in Workers' Compensation - December 13th, 1:00 pm - 2:00 pm ET

Offering an in-depth look, the New York version of this program will examine what cases have influenced workers’ compensation matters in 2022. Weber Gallagher attorneys Ted Eder, Tom Park, and James French will then look at what…more

Employer Liability Issues, New York, Webinars, Workers Compensation Awards, Workers' Compensation Claim

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Are You Ready For Football?

As fall descends upon Pennsylvania thoughts turn from shore and mountain vacations to shorter days, cooler nights, a return to school, and football! So, what does football have to do with divorces? Say you or the business you…more

Divorce, Event Tickets, Marital Assets, NFL, Spouses

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Medicare Clarifies Position on Use of “Non-submit” or “Evidence-based” WCMSA Allocations

On January 10, 2022, Medicare published the Workers’ Compensation Medicare Set-Aside (WCMSA) Reference Guide, Version 3.5. Included in the Reference Guide is a new section, Section 4.3 The Use of Non-CMS-Approved Products to…more

Centers for Medicare & Medicaid Services (CMS), Medicare, Workers' Compensation Claim, Workplace Injury

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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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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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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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NJ Appellate Division Scrutinizes Trial Courts’ Practice of Forcing Heightened Standard On Timely Requests To Extend Discovery

Trial attorneys in New Jersey commonly file motions to extend discovery when additional time is needed to prosecute or defend their cases. Over the past few years, a recent trend has emerged where cases are being scheduled for…more

Appeals, Discovery, Evidence, Trials

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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 »

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

See all updates »

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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Workers' Compensation Academy: Pennsylvania COVID-19 Update: Layoff or Furlough from Light Duty as a Result of COVID-19

Weber Gallagher Workers’ Compensation Partners David Greene and Jeffrey Seyfried discuss how COVID-19 is affecting employers who have to layoff or furlough workers from light-duty and if you have to reinstate total disability…more

Coronavirus/COVID-19, Disability Benefits, Furloughs, Hiring & Firing, Layoffs

See all updates »

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

See all updates »

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

See all updates »

Delaware and New York 2023-2024 Average Weekly Wage Rates

Delaware and New York have released the 2023-2024 workers' compensation temporary disability benefit rates based on the statewide average weekly wage. These rates take effect July 1, 2023…more

Delaware, Disability Benefits, New York, Wages, Workers’ Compensation

See all updates »

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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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

See all updates »

[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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Appellate Court Affirms Judge’s Discretion in Findings of Fact and Credibility

On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts…more

Disability Benefits, Evidence, Expert Witness, Medical Experts, Workers' Compensation Claim

See all updates »

Supreme Court Opens Door to Pennsylvania Lawsuits

In its recent opinion in the case of Mallory v. Norfolk Southern Railway Company, No. 21-1168 (June 27, 2023), the United States Supreme Court held that an out-of-state company with none of the traditionally recognized…more

Due Process, Foreign Corporations, General Jurisdiction, Mallory v Norfolk Southern Railway Co, Out-of-State Companies

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Detecting Fraud in New Jersey Workers' Compensation

Join us for this episode where our partners Vanessa Mendelewski and Scott Wilson delve into an informative discussion about detecting fraud in New Jersey Workers' Compensation claims. Vanessa and Scott break down the New…more

Employer Liability Issues, Fraud, Health & Safety Standard, Workers Compensation Awards, Workers' Compensation Claim

See all updates »

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 »

Summer is Over, Time to Look at Your Child Custody and Support Orders

Summer is over and we will all be back to the school year grind next week. This means schedule changes, new things to buy, lunches, transportation issues, etc. which can all be difficult to coordinate. For blended families and…more

Child Custody, Child Support, Co-Parenting, Custody, Parenting Plans

See all updates »

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