News & Analysis as of

Medical Records Workplace Injury

Marshall Dennehey

Superior Court Affirms Decision Denying Claimant’s Motion to Strike Medical Expert Testimony Regarding Medical Records Produced...

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Trincia v. Dick’s Sporting Goods, 2024 WL 1110401 (Del. Super. Mar. 14, 2024) - Ms. Trincia filed a Petition to Determine Compensation Due that alleged she injured her cervical spine and left shoulder in a work accident on...more

Marshall Dennehey

Appellate Division Affirmed Workers’ Compensation Order Finding an Increase in Permanency, but Not Total Disability.

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Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (Jan. 30, 2024) - In this case, the Appellate Division affirmed the workers’ compensation order for an increase in the petitioner’s...more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers' Compensation Ruling Roundup - March 2024

On March 21, the 3rd Department delivered four new rulings. Learn more below. Kaminski v. Integrated Structures, CV-22-2295 (3rd Dept. 3/21/24) - The Appellate Division affirmed the Board’s decision to deny a carrier’s 2nd...more

Marshall Dennehey

The Credibility of Injured Workers and Experts Can Make or Break a Case

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Key Points: Choice of examining physician can make or break a case. The credibility of the petitioner should be assessed early in investigation. Thorough investigations should be completed in any disputed claims....more

Dentons

Using Surveillance to Aggressively Defend a Claim

Dentons on

Post-accident video surveillance, social media canvassing, medical record canvassing, and public record document searches are great ways to aggressively defend a claim. These surveillance methods can help establish an...more

Cranfill Sumner LLP

“A Right to Privacy?”

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What privacy rights is a Plaintiff afforded for the medical information related to a workers’ compensation claim? Mastanduno v. Nat’l Freight Industries - The opinion arose from an interlocutory appeal by the plaintiff...more

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