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Workers’ Compensation Insurance Litigation

Marshall Dennehey

Commonwealth Court Rejects Insurer’s Reimbursement Claim Against Pharmacy in Billing Dispute

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Pioneer Construction Company, Inc., Eastern Alliance Insurance Company, and employers Alliance, Inc. v. Insight Pharmaceuticals, LLC d/b/a Insight Pharmacy; No. 867 C.D. 2022; filed May 12, 2025; Judge Covey - A workers’...more

Cranfill Sumner LLP

NC Court of Appeals Denies Motion to Add Self-Insurance Association in Asbestos Exposure Case

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In a published decision with a dissent, the NC Court of Appeals denied the Plaintiff’s motion to add North Carolina Self-Insurance Security Association as a party to the claim....more

Goldberg Segalla

Another Win for Professional Employer Organizations at New York Third Department

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Another day, another chapter in the evolving world of New York Workers’ Compensation for Professional Employer Organizations (PEOs). As discussed in prior updates, this decision follows the foundational Third Department...more

Laughlin, Falbo, Levy & Moresi LLP

WCAB issues En Banc Decision impacting the practice of multiple Panel QME requests due to failure to meet scheduling deadlines

We have all become accustomed to the practice of either seeking or receiving a replacement panel request when the QME is unable to set an evaluation timely. Frankly, many practitioners have tried to use section 31.1 of the...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

Carlton Fields

Florida Appeals Court Decisions Week of May 5 - 9, 2025

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U.S. Eleventh Circuit Court of Appeals - Jones v. Ceinski - qualified immunity - Otto Candies v. Citigroup - RICO, fraud, conspiracy - Berrocal v. US Att’y Gen - standing, international treaty - Maglana v....more

Chartwell Law

Evolving Cannabis Law and Workers’ Compensation

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As our understanding of medicine evolves - alongside society’s increasingly relaxed attitude toward cannabis - it’s no surprise that corresponding adjustments are emerging in the field of workers’ compensation law....more

Marshall Dennehey

Reimbursement of Pennsylvania Department of Human Services Lien Is Found Not Automatic by Pennsylvania Commonwealth Court

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Key Points: No formal liability for payment of work-related medical expenses is triggered on the part of the employer/insurer until such expenses are properly submitted in accordance with the terms and provisions of the...more

Laughlin, Falbo, Levy & Moresi LLP

Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more

Goldberg Segalla

Fraud Doesn’t Pay in New York – February 2025 Update

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As a part of our Quarterly Practice Group Update, we are pleased to produce another installment with examples of our continued success in the area of fraud litigation. The New York State Workers’ Compensation Board has...more

Marshall Dennehey

Right to Subrogation for Medical Bill Payments Not Waived by Failing to Properly Preserve Issue at All Stages of Litigation,...

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City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; Filed Dec. 24, 2024 - Wayne...more

Marshall Dennehey

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

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Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

Rivkin Radler LLP

January 2025 Insurance Update

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We kick off the year with a quartet of state supreme court decisions and an intermediate appellate court ruling that has insurers breathing a harmonious sigh of relief. Policyholders and insurers often disagree over what the...more

Steptoe & Johnson PLLC

First Look - Summer 2022: Insurance Newsletter

Change is a constant in the world today. This is particularly true of the past two tumultuous years, which saw a worldwide pandemic that impacted nearly every aspect of everyday life. Rapidly advancing technology and...more

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